The city council may by ordinance create such departments as
it determines to be in the best interest of the city and its inhabitants.
(2014 Code, sec. 32.01)
The city council may by ordinance create such commissions and
committees as it determines to be in the best interest of the city
and its inhabitants.
(2014 Code, sec. 32.02)
This division is adopted so that the city council may promote
the public health, safety, ethics, and the general welfare within
the city through the enactment of reasonable rules and procedures
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 2016-04-21A, exh. A,
sec. 2, adopted 4/21/16)
(a)
Parliamentary
law and the rules of procedure derived from such law are essential
to all deliberative organizations so that they may consider all matters
before them in an effective and efficient manner and produce results
that are legal and binding. Moreover, such procedural safeguards ensure
due process during deliberations among members of the organization
while at the same time protecting the rights of both the group and
each member. Accordingly, these rules of procedure establish guidelines
to be followed by all persons attending city council meetings, including
members of the city council, administrative staff, news media, citizens
and visitors.
(b)
The
parliamentary reference for the city council is the most recent edition
of Robert’s Rules of Order Newly Revised (RONR). When any issue
concerning procedure arises that is not covered by the rules of procedure
or state law, the council will refer to RONR, which shall determine
such procedural issue.
(Ordinance 2016-04-21A, exh. A,
sec. 3, adopted 4/21/16)
According to Texas Local Government Code section 22.038(c):
“The governing body shall determine the rules of proceedings
and may compel the attendance of absent members and punish them for
disorderly conduct.” Thus, these rules of procedure are established.
In the event of any conflict between the state law and these rules
of procedure, state law shall prevail.
(Ordinance 2016-04-21A, exh. A,
sec. 4, adopted 4/21/16)
(a)
General rules of construction.
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)
City council meeting
Closed meeting
Conduct
Council
Council chambers
Deliberation
Intentional
Meeting
Official proceeding
Open
Person
Public servant
(1)
(2)
(3)
(4)
Quorum
Unlawful
Specific definitions.
means any public meeting held by the city council as authorized
or required by the state constitution and applicable by state law.
means a meeting to which the public does not have access
(i.e., executive session).
means an act or omission and its accompanying mental state.
means the city council (i.e., the governing body) of the
City of Overton, Texas.
means the meeting space designated for city council meetings
located in city hall at 1200 South Commerce Street, Overton, Texas
75684.
means 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.
means 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.
means 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.
means any type of administrative, executive, legislative
or judicial proceeding that may be conducted before a public servant.
means the public is allowed to attend.
means a human individual.
means 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 her or her duties:
An officer, employee, or agent of the city;
An attorney-at-law or notary public when participating in the
performance of a government function;
A candidate for nomination or election to public office; or
A person who is performing a public function under a claim of
right although he or she is not legally qualified to do so.
means a majority of the city councilmembers for a regular
meeting and two-thirds of the councilmembers for special meetings
and/or meetings to consider the imposition of taxes.
means criminal or tortious or both and includes what would
be criminal or tortious but for a defense not amounting to justification
or privilege.
(Ordinance 2016-04-21A, exh. A,
sec. 5, adopted 4/21/16)
The city council shall follow both the letter and the spirit
of the Texas Open Meetings Act.
(1)
Regular meetings.
(A)
The city council shall conduct regular meetings generally on the
third (3rd) Thursday of each month. All regular sessions shall normally
be scheduled to begin at 7:00 p.m. at city hall in council chambers
and are open to the public. The council by a resolution may change
or cancel the date and time of the regular meeting.
(B)
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 by a resolution to change
the date of the regular meeting.
(C)
Except as otherwise provided in this subsection, the city council
shall conduct all meetings in the city council chambers, located at
1200 S. Commerce Street, Overton, Texas. 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 meeting at such other place as
the mayor may designate. In the mayor’s absence, the mayor pro-tem
may designate such change.
(D)
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.
(2)
Special meetings.
The city manager or the mayor may
call a special meeting (i.e., “special called meeting”)
or on the written request of two or more councilmembers. Each member
of the city council, the city secretary, and the city attorney must
be notified of the special meeting in accordance with all notice requirements
of the Texas Open Meetings Act, chapter 551 of the Texas Government
Code.
(3)
Workshops.
Workshop sessions may be scheduled by the
mayor, two or more councilmembers or by the city manager. They are
normally conducted prior to regular or special sessions but may also
be conducted at other times as well. Their purpose is to exchange
information between the council, staff, vendors or other groups. No
official action is taken by the council during these sessions, but
workshops shall be posted and are open to the public and shall comply
with all notice requirements of the Texas Open Meetings Act, chapter
551 of the Texas Government Code.
(4)
Agenda.
(A)
The city shall comply with all notice requirements of the Texas Open
Meetings Act, chapter 551 of the Texas Government Code.
(B)
The city manager and/or the city secretary and/or the mayor shall
be responsible for preparing the agenda for council meetings. The
city manager may determine which items to include on the agenda, provided
that the city manager shall include any item requested by at least
two (2) councilmembers. Councilmembers shall submit written or verbal
agenda item request to the city secretary.
(C)
The mayor, two (2) or more councilmembers, the city manager, the
city attorney, and the city secretary may place items on the agenda.
Agenda items, including any necessary or applicable supporting documents
and materials to be included in agenda packets, shall be submitted
in written form to the city secretary at least seven (7) business
days in advance of the day of the meeting. The city manager will coordinate
the placement of items on the agenda and will resolve any conflicts
with the mayor and councilmembers. Agenda items may be removed only
by the person who initially placed that item on the agenda.
(D)
Drafts of contracts, ordinances, resolutions, or other items requiring
review should be submitted to the city attorney in a manner timely
enough to allow for their review prior to this submittal deadline.
(E)
A citizen may request inclusion of an item on the agenda by submitting
a request in writing to the city secretary at least seven (7) business
days in advance of the day of the meeting. The requested item may
be included on the agenda at the city manager and mayor’s discretion.
(F)
Upon the motion of any councilmember, the council may elect to table
or postpone an agenda item by an affirmative vote by a majority of
councilmembers present at the meeting.
(G)
In compliance with the Texas Open Meetings Act, the board shall not
deliberate or vote on a matter not appearing on the agenda, except
for purposes of presenting statements of current fact or policy or
for determining whether the matter should appear on a future agenda.
(H)
When possible, proposed ordinances and resolutions will first be
placed on a workshop agenda or a regular agenda for discussion prior
to being placed on a regular agenda for action.
(I)
Regular and workshop meeting agenda packets shall be delivered to
the council at least two (2) days prior to the meeting.
(5)
Minutes.
Minutes of city council meetings will be recorded
and maintained by the city secretary. The minutes will include final
motions with voting results. The minutes will also reflect the names
of those citizens in attendance that sign in and/or who present public
comments. Minutes of meetings will generally be submitted to the city
council for approval at the next regularly scheduled meeting.
(Ordinance 2016-04-21A, exh. A,
sec. 6, adopted 4/21/16; Ordinance
adopting 2021 Code)
(a)
Absence from meetings; excused absences.
(1)
If a member of the city council is absent for three (3) regular consecutive
meetings, the councilmember will lose his/her seat at the council
and a vacant position will be created, unless one or more of the absences
is excused. There shall be three (3) provisions for excused absences
as listed in the following:
(A)
The mayor, councilmember or their spouse is sick;
(B)
The mayor or councilmember has first obtained a leave of absence
at a regular meeting for an excused absence (LGC section 22.041(b));
or
(C)
The mayor or councilmember has requested that an excused absence
be granted, and such request shall be added to the next agenda to
be approved by majority vote of the council at the next regular scheduled
meeting.
(Ordinance 2016-04-21A, exh. A,
sec. 7, adopted 4/21/16)
(a)
Generally.
(1)
If for any reason a single vacancy exists on the governing body of
the municipality, a majority of the remaining councilmembers, excluding
the mayor, may fill the vacancy by appointment unless an election
to fill the vacancy is required by article XI, section 11, of the
Texas Constitution. The mayor may vote on the appointment only if
there is a tie.
(2)
A person serving as a member of the governing body is not, because
of that service, ineligible to be appointed to fill a vacancy in the
office of mayor of the municipality, but the person may not vote on
the person’s own appointment.
(b)
Term of appointed mayor or councilmember.
The person
appointed to fill the vacancy serves until the next regular municipal
election.
(c)
Special election.
(Ordinance 2016-04-21A, exh. A,
sec. 8, adopted 4/21/16)
(a)
Regular and special meetings.
Regular and special meetings
will generally adhere to the following agenda:
(2)
Presentations and proclamations.
(3)
Citizen forum.
(4)
Citizens’ requests.
(5)
Consent agenda items (may be moved to statutory agenda by councilmembers).
(6)
Public hearings.
(8)
Departmental and city manager report.
(9)
Media inquiries.
(10)
Executive and/or workshop sessions (as appropriate).
(11)
Reconvene in regular session (as appropriate).
(12)
Adjournment.
(b)
Public hearings.
The city manager shall schedule and
must provide public notification of public hearings, at least two
weeks before the date of the city council meeting at which the public
hearing is to be held. The city council may not vote on the matter
before the public hearing is held (unless the law requires otherwise,
in which case, public hearings shall be conducted as provided by state
law). In addition to this requirement, when conducted as part of a
regular session, a vote may be taken on the matter at that same meeting.
When a public hearing is conducted as a stand-alone meeting and not
part of a regular session, the vote may be taken at a subsequent regular
or special session.
(c)
Public participation.
(1)
Open meetings.
In accordance with terms of the Texas
Open Meetings Act, chapter 551 of the Texas Government Code, all meetings
of the city council shall be open to the public unless the city council
is in executive session or state law otherwise allows the meeting
to be closed.
(2)
Citizens’ forum.
Citizens are permitted to address
the council on any item on the agenda or to present a subject for
the council’s consideration during the citizens’ forum
period, in accordance with the provisions of this division. Those
wishing to address the city council during this time must complete
a “Request to Appear Before the City Council Form,” which
is available on the desk in the council chambers. A copy of this form
is shown in attachment A to these rules. The completed form must be
given to the city secretary, before the meeting begins. The “request”
will indicate whether the intent is to:
(A)
Address the council on an issue not on the agenda; or
(B)
Address the council on an issue that is on the agenda but during
the citizens’ forum.
The speaker will be invited to speak in the order that the request
was given to the city secretary. Speakers during the citizens’
forum are advised that “the council may not respond or ask questions
of the speaker and speakers must limit presentations to matters within
the city’s subject matter jurisdiction.”
(3)
Public comments during agenda item.
If the person requesting
to address the city council on an item on the agenda indicates on
the “Request to Appear” that they wish to speak when the
item comes up on the agenda, such speaker will be invited by the mayor
to address the council after announcement of the agenda item. At the
discretion of the presiding officer, the speaker may solicit answers
to questions directly related to the subject matter of the agenda
item.
(4)
Guidelines for addressing city council.
Persons wishing
to make public comments shall abide by the following rules:
(A)
When recognized, the speaker shall approach the council, clearly
state his/her name and address for the record, and identify any group
represented if applicable.
(B)
Only one person may address the council at any one time.
(C)
Speakers should address all remarks to the council as a whole, not
to individual members.
(D)
The speaker is allowed three (3) minutes to complete his/her comments
unless otherwise permitted by the presiding officer. The city secretary
shall maintain the time and advise the speaker when his/her time has
expired. The speaker shall then complete his sentence and take his/her
seat. There shall be no substitutions or pooling of speakers.
(E)
The mayor or members of the council may encourage speakers to avoid
simply repeating the same views previously expressed by others.
(5)
Citizen’s request to place item on agenda.
(A)
A citizen wishing to have an item placed on the agenda of a council
meeting must complete and submit to the city secretary a “Council
Agenda Item Request Form.” A copy of this form is shown in attachment
B which is attached to these rules. The form must be submitted to
the city secretary or city manager by 12:00 p.m. noon on the Thursday
before the scheduled meeting.
(B)
If a person(s) requests an item to be placed on the agenda the order
of presentation of the item will be as follows:
(6)
At any point during the meeting the councilmembers may opt to limit
the number of speakers on a particular topic or topics not yet reached.
All persons who complete a “Request to Appear Before the City
Council” form, whether or not allowed to speak, may submit written
comments or exhibits to the city secretary for inclusion in the record
file copy of the agenda.
(7)
Workshop sessions are open to the public as mandated by the Open
Meetings Act but are not participatory. The council will discuss workshop
agenda items but will not accept public comments or questions.
(Ordinance 2016-04-21A, exh. A,
sec. 9, adopted 4/21/16)
(a)
The
city shall be responsible for adopting or amending any ordinance necessary
for the health, safety and welfare of its citizens, including but
not limited to: any code of technical regulations; the establishment,
alteration, or abolishment of any city department(s), office(s), or
agency(ies); provide for a fine or other penalty or establish a rule
or regulation for the violation of which a fine or other penalty is
imposed; levy taxes; adopt or amend the annual budget; grant, renew,
or extend a franchise; convey or lease, or authorize the conveyance
or lease, of any lands of the city; or amend or repair [repeal]any
ordinance previously adopted as provided by the Texas Local Government
Code.
(b)
Every
proposed ordinance shall be introduced in writing and be in the form
required for final adoption, as well as in redlined form if amending
an ordinance. Every proposed ordinance shall be placed on the agenda
of meetings for the city in compliance with requirements of the Texas
Open Meetings Act and contain the required publication pertinent to
the type of ordinance proposed.
(c)
The
ordinance shall be finally passed and adopted after the ordinance
has been read at least one (1) time at any regular or special meeting
of the city council, except for those instances in which additional
readings are required by law.
(d)
Upon
passage and adoption of an ordinance, as provided by this section,
the city secretary shall take necessary steps to finalize the implementation
of the ordinance.
(Ordinance 2016-04-21A, exh. A,
sec. 10, adopted 4/21/16)
(a)
Elected officials.
It is important that elected officials
demonstrate civility to one another as individuals, for the validity
of different opinions, for the democratic process, and for the community
and citizens being served. Elected officials should exhibit appropriate
behavior. All members of the city council have equal votes and all
councilmembers speak only for themselves.
(b)
Council relations with the media.
All city press releases,
media advisories, story suggestions, or similar items should go through
the office of the city manager for distribution or be handled by the
mayor, with a copy being submitted to the city secretary. Exception:
the release of factual police department bulletins which designated
officers may send directly to the media, with a copy sent to the city
secretary.
(1)
The mayor is the official spokesperson for the city. The mayor and
the city manager shall be the first point of contact for the media.
(2)
If a councilmember participates in an interview with the media, the
councilmember shall inform the mayor and city manager so that other
councilmembers may be made aware of the interview.
(c)
City staff (during meetings).
General remarks addressed
to the city council by staff members shall be addressed to the city
council as a whole and not to any individual member.
(d)
Citizens and visitors.
(1)
Reactions from the audience following the recognition and rewarding
of citizens and special guests are considered appropriate and encouraged.
Reactions from the audience during staff presentations to the council
and during debate between councilmembers are not appropriate and not
permitted. The presiding officer will ensure that the decorum of the
meeting is maintained and is appropriate.
(2)
No placards, banners, or signs will be permitted in the city council
chamber or in any other room in which the city council is meeting.
Exhibits, displays, and visual aids used in connection with presentations
to the city council, however, are permitted.
(3)
With the exception of those locations designated as free speech venues,
city hall may not be used for political campaign related functions
or events. City resources or equipment may not be used for election
campaigning which includes, but is not limited to, the passing out
of campaign flyers, signs, buttons, or other campaign materials for
any candidate or officeholder. No one may make a contribution to a
candidate or officeholder in city hall. No one may solicit support
for a candidate or officeholder or accept a contribution for such
in city hall. Campaign flyers, signs, buttons, or other campaign materials
for any candidate or officeholder are prohibited in city hall or on
city property except as allowed by state law.
(4)
Citizens and visitors attending city council meetings shall not bring
food into the city council chamber or into any other room in which
the city council is meeting.
(5)
Citizens and visitors attending city council meetings shall silence
any cell phones or other communication devices during the meeting
and will not conduct or engage in conversations with other members
of the audience during the city council meeting.
(Ordinance 2016-04-21A, exh. A,
sec. 11, adopted 4/21/16)
(a)
Conflict of interest.
(1)
A city councilmember prevented from voting by a conflict of interest
shall step down from the dais and leave the room, shall not vote on
the matter, shall not participate in discussions regarding the matter
or attempt to influence the council’s deliberation of the matter
in any way, shall not attend executive sessions regarding the matter,
and shall otherwise comply with the state law and city ordinances
concerning conflicts of interest, including chapter 171 of the Local
Government Code.
(2)
If leaving the room will break the quorum for the meeting, the agenda
item shall need to be postponed to the next council meeting where
a quorum may be maintained when the councilmember with the conflict
of interest is able to leave the dais and the room without breaking
the quorum.
(b)
Voting.
(1)
When a vote is called, every councilmember present (except the mayor)
shall vote or abstain, by a show of hands, “aye” or “nay”
except on matters involving a conflict of interest that compels a
councilmember to recuse themself. A councilmember who cannot be present
for a vote(s), and has no conflict of interest, may submit an opinion
in writing to the city secretary, to be read aloud during discussion
of the item, prior to the vote(s) being taken.
(2)
Any vote to which there is an objection shall be taken by counted
vote; except that, on the demand of a single councilmember, a roll
call vote shall be taken. After the result of a vote is announced,
a councilmember may not change a vote unless, before the adjournment
of that meeting, permission is given to change the vote by a majority
vote of the councilmembers present.
(3)
In the case of a tie vote, the mayor shall cast the deciding vote.
(Ordinance 2016-04-21A, exh. A,
sec. 12, adopted 4/21/16)
(a)
Chair.
The mayor, if present, shall preside as chair
at all sessions of the city council. In the absence of the mayor,
the mayor pro-tem shall preside. In the absence of both the mayor
and mayor pro-tem, the remaining city councilmembers shall, by election,
designate one member as acting mayor to preside for that session.
(b)
Preservation of order.
The chair shall preserve order
and decorum, call upon the chief of police as necessary to enforce
compliance with the rules, and confine members in debate to the question
under discussion. It is the responsibility of the chair to keep the
comments of councilmembers on topic during public meetings.
(Ordinance 2016-04-21A, exh. A,
sec. 13, adopted 4/21/16)
(a)
Ad hoc committees.
The mayor may appoint ad hoc committees
from time to time to study and review specific issues. The mayor shall
determine the number of members and appoint a chair of ad hoc committees.
The ad hoc committees shall be established for a designated period
of time, which may be extended by the mayor and shall meet as needed.
The mayor shall formally announce the establishment of any ad hoc
committee along with his appointments to that committee in a session
of council prior to the committee convening to conduct business.
(b)
Agenda and information.
At each committee meeting, city
staff shall endeavor to have a copy of the agenda and supporting information
available for public viewing. Items may be scheduled on the agenda
for committee briefings by the chair, the city council, the city manager,
or the mayor.
(Ordinance 2016-04-21A, exh. A,
sec. 14, adopted 4/21/16)
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 individual to submit requests at least forty-eight
(48) hours in advance of a meeting so that the city may effectively
address the individual’s request.
(Ordinance 2016-04-21A, exh. A,
sec. 15, adopted 4/21/16)
Any provision of these rules not governed by city code or state
law may be temporarily suspended by a two-thirds vote of the members
of the city council present. The vote on any such suspension shall
be taken by “aye” and “nay” votes and entered
upon the record.
(Ordinance 2016-04-21A, exh. A,
sec. 16, adopted 4/21/16)
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 2016-04-21A, exh. A,
sec. 17, adopted 4/21/16)
