2006M28-Adopting Council Rules and Procedures
ORDINANCE NO. 06-M-28
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AND ADOPTING RULES OF
CONDUCT AND PROCEDURE FOR MEETINGS OF THE CITY
COUNCIL
WHEREAS, Section 4.09(d) of the City Charter provides that the City Council of the City of
Schertz, Texas (the "City") shall, by ordinance, determine its own rules and order of business for
meetings of the City Council; and
WHEREAS, the City has previously adopted Ordinance No. 94-M-15 establishing certain
procedural rules for the conduct of City Council meetings ("Ordinance 94-M-15") and has
adopted a City Council Code of Conduct and Rules of Conduct and Procedure which also relates
to the conduct of and procedures at City Council meetings (the "Rules").
WHEREAS, the City has determined to modify, amend, and update the procedures and rules set
forth in Ordinance 94-M-15 and the Rules with a single document entitled "City of Schertz City
Council Rules of Conduct and Procedure".
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
SECTION I
In accordance with Section 4.09(d) of the City Charter, the City Council hereby adopts the "City
of Schertz City Council Rilles of Conduct and Procedure" attached hereto as Exhibit A.
SECTION II
Ordinance 94-M-15 and the Rules and all other ordinances, resolutions, and policies which are in
conflict with the City of Schertz City Council Rules of Conduct and Procedure adopted by this
Ordinance are hereby repealed.
PASSED AND APPROVED on first reading this the /3.-I!l day of ~ 2006. .-r
PASSED, APPROVED, AND ADOPTED on second reading is the 2-otb day of .J1U1t:..
2006.
Mayor, City of Schertz, Texas
ATTEST:
(SEAL OF CITY)
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CITY OF SCHERTZ
CITY COUNCIL
RULES OF CONDUCT AND PROCEDURE
These Rules of Conduct and Procedure (these "Rules") are intended to provide an
understandable and workable structure for City Council meetings.
These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate
communication at Council meetings among Councilmembers and between Councilmembers and
City staff and members of the public, and to promote confidence in the citizens that their
government is performing its duties with the highest of ethical standards and with a genuine
interest in the well-being of the community.
There Rules are in all events subject to the City Charter and applicable provisions of State law,
including the Texas Open Meetings Act.
As a part of these Rules, the Council has established the following Code of Conduet for the
Mayor and all Councilmembers:
. Address the merits of the issues - no personal attacks
. Focus on representing the interests of all citizens.
. Attempt to resolve personal conflicts among Councilmembers intemally before
speaking publicly.
. Assume positive intentions - don't look for hidden agendas.
. Observe the City's written Rules of Conduct and Procedure.
. When others are speaking,Jisten with an open mind.
. Recognize that inappropriate public disclosure of confidential information can be
detrimental to the City and its citizens.
. Understand that "majority rules". Once a vote is taken, if you were in the
minority agree to disagree and move on. Recognize that a majority view, when
expressed in a vote, becomes an expression of City policy.
. Coordinate all requests of the City staff through the City Manager.
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TABLE OF CONTENTS
ARTICLE 1.
Page
AUTHORITY ................................................................................................... 1
1.1 City Charter................................................................................................................... 1
1.2 Effective Date; Amendmcnt ......................................................................................... 1
ARTICLE 2. GENERAL RULES .......................................................................................... 1
2.1 Meetings to be Public.................................................................................................... I
2.2 Quorum. ........................... .............. .... ...... ................ .......... ...... ...................... ........ ....... I
2.3 Minutes of Meetings ..................................................................................................... 1
2.4 Questions to Contain One Subject................................................................................ I
2.5 Right to the Floor .......................................................................................................... I
2.6 City Manager ................................................................................................................ 1
2.7 City Attorney ................................................................................................................ 2
2.8 City Secretary.............. ..... ....... ......................................... ....... ................ ...... ................ 2
2.9 Officers and Employees................................................................................................2
2.10 Rules of Order ............................................................................................................... 2
2.11 Suspension of Rules.......................................................................... ............................2
2.12 Amendment to Rules.....................................................................................................2
2.13 Matters Not Addressed by Rules .................................................................................. 2
ARTICLE 3. TYPES OF MEETINGS ...................................................................................2
3.1 Regular Meetings .......................................................................................................... 2
3.2 Special Meetings.................................................. .............. ........................................... 2
3.3 Recessed Meetings.......... .................................................. ...... ................ ....... ...... ......... 2
3.4 Adjourned Meetings.... ..................... ............................................... ................. ............. 2
3.5 Executivc Sessions... ............................ ........ ............... ..... .......................... ...... ............. 2
3.6 Emergency Meetings .................................................................................................... 3
ARTICLE 4.
PRESIDING OFFICER AND DUTIES ........................................................... 3
4.1 Mayor ............................................................................................................................ 3
4.2 Call to Order .................................................................................................................3
4.3 Preservation of Order .................................................................................................... 3
4.4 Rulings by Presiding Officer ........................................................................................ 3
4.5 Questions to be Stated...................................................................................................3
4.6 Substitution of Mayor ...................................................................................................3
ARTICLE 5. ORDER OF BUSINESS................................................................................... 3
5.1 Agenda....................... ..... ........ .................. .............. ............................................ .......... 3
5.2 Communication to Mayor and CounciL........................................................................ 4
5.3 Reading of Minutes. .............................. ........................ ............................ .................... 4
5.4 Presentations by Members of Council.......................................................................... 4
5.5 Consent Agenda............................................................................................................ 4
ARTICLE 6. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
'..........................................................................................................................5
6.1 Printed or Typewrittcn Form ........................................................................................ 5
6.2 City Manager Review ................................................................................................... 5
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TABLE OF CONTENTS
(continued)
Page
6.3 City Attorney to Approve ............................................................................................. 5
6.4 Funding .......................................... ............................ ................................................... 5
6.5 Reading of Caption Only .............................................................................................. 5
6.6 Ordinances-Two Readings; Emergencies ..................................................................5
6.7 Recording of Votes ....................................................................................................... 5
6.8 Vote Required ............................................................................................................... 5
6.9 Tie Vote ........................................................................................................................ 5
6.10 Numbering Ordinances and Resolutions ...................................................................... 5
6.11 Ordinance Passage Procedure....................................................................................... 5
ARTICLE 7.
RULES OF DECORUM................................................................................... 5
7.1 Recognition by presiding officer .................................................................................. 5
7.2 Order........ ............................... ........... .............. .......... ................................................... 6
7.3 Presiding Officer ........................................................................................................... 6
7.4 Getting the Floor; Improper References to be Avoided................................................ 6
7.5 Interruptions............................ ......................... .......................... ................................... 6
ARTICLE 8. MOTIONS AND MEETING PROCEDURES................................................. 6
8.1 Motions ......................................................................................................................... 6
8.2 Debate ... ....... ......................... ...... ............ ............ ............................................ .............. 6
8.3 Motion Procedures ........................................................................................................ 6
8.4 Point of Privilege .......................................................................................................... 7
8.5 Point of Procedure or Order .......................................................................................... 7
8.6 To Appeal a Ruling. ...................................................................................................... 8
8.7 To Recess...................................................................................................................... 8
8.8 To Withdraw ................................................................................................................. 8
8.9 To Postpone .................................................................................................................. 8
8.10 To Refer ........................................................................................................................ 8
8.1 I To Amend .....................................................................................................................9
8.12 To Limit, Extend, or Close Debate or "Call the Question" .......................................... 9
8.13 To Count the Vote......................................................................................................... 9
8.14 To Take Action or Reconsider an Action; Main Motions ............................................ 9
ARTICLE 9.
ENFORCEMENT OF DECORUM.................................................................. 9
9 .1 Warning...... ....................... ........................................................... .................. ............... 9
9.2 Removal...................................................................................................................... 10
9.3 Resisting Removal...................................................................................................... 10
9.4 Motions to Enforce .....................................................................................................10
9.5 Adjournment..................... .................. ............................. ............ .................. ............. 10
ARTICLE 10. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS.......... 10
10.1 Standing Committees .................................................................................................. 10
10.2 Special Committees ....................................................................................................10
ARTICLE 11. CITIZENS' RIGHTS ......................................................................................1 I
11.1 Addressing the Council............................................................................................... 11
1 1.2 Manner of Addressing the Council Time Limit....................................................... 11
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TABLE OF CONTENTS
(continued)
Page
11.3 Personal and Slanderous Remarks .............................................................................. 11
11.4 Public Hearings .......................................................,................................................... 11
11.5 Written Cormnunications............................................................................................ 11
11.6 Hearing of Residents...................................................................... ............................. 11
ARTICLE 12. COUNCIL AND STAFF RELATIONS......................................................... 12
12.1 City Manager to Provide Information......................................................................... 12
12.2 City Manager's Responses to Requests ...................................................................... 12
12.3 Directions to City Manager......................................................................................... 12
12.4 City Manager's Duty to Inform .................................................................................. 12
12.5 Customer Concerns ..................................................................................................... 13
12.6 City Manager/Council Relations.................................................................................13
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ARTICLE 1.
AUTHORITY
1.1 Citv Charter. Section 4.09 (d) of the City Charter provides that the Council shall, by
ordinance, determine its own rules and order of business.
1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the
Council and until such time as they are amended or new rules are adopted. In the event
of a conflict between these Rules and the Charter, the Charter shall govern over these
Rules. In the event of a conflict between these Rules and State law, State law shall take
precedence.
ARTICLE 2.
GENERAL RULES
2.1 Meetings to be Public. All meetings of the Council and all meetings of committees
composed of a quorum of the Council shall be open to the public as provided by State
law, except when State law allows closed or executive sessions for certain limited topics.
2.2 Ouorum. Thee members of the Council, not including the Mayor, shall constitute a
quorum. In the absence of the Mayor, the Mayor Pro Tern or other presiding officer shall
be counted for purpose of determining the existence of a quorum. If a quorum is not
present, those in attendance will be named, and they may recess to a later time as
permitted by State law or may hear business before them, taking no official action.
2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the
City Secretary and shall constitute the official record of the Council. Such minutes, after
being approved by the Council (except any closed or executive session portion), shall be
open to public inspection. The City Secretary shall provide an index showing the action
ofthe Council in regard to all matters before to it at both regular and special meetings. A
recording or "certified agenda" of each closed or executive session shall be made and
maintained as required by State law.
2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only
one subject. If two or more subjects are involved, any Councilmember may require a
division, if the subjects can be reasonably divided.
2.5 Right to the Floor. Any Councilmember desiring to speak shall be recoguized by the
Mayor (or the presiding officer in the Mayor's absence) at an appropriate time, and shall
confine hislher remarks to the subject under consideration or to be considered.
2.6 City Manager. The City Manager or the Acting City Manager shall attend all rueetings of
the Council unless excused. The City Manager may make recommendations to the
Council and shall have the right to take part in all discussions of the Council, but shall
have no vote. The City Manager shall be notified of all special meetings of the Council.
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2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by
the Councilor as requested by the City Manager, and shall, upon request of the Council
or the City Manager, give an opinion, either written or oral, on questions oflaw.
2.8 Citv Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings
of the Council, unless excused, and shall keep the official minutes.
2.9 Officers and Employees. Any officer or employee of the City, when requested by the
City Manager, shall attend meetings of the Council. If requested to do so by the City
Manager, they shall present information relating to matters before the Council.
2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council.
2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State
law may be temporarily suspended by a majority vote of the Councilmembers who are
present. The vote of each person on any such suspension shall be entered in the minutes.
2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly
adoptcd ordinance.
2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings
not addressed by these Rules, the Charter, or State law shall be determined by the Mayor
(or the presiding officer in the Mayor' s absence).
ARTICLE 3.
TYPES OF MEETINGS
3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by
the Code of Ordinances, Part II, Section 2-2. The Council may also hold regularly
scheduled meetings which may be designated by the Council as "workshop" sessions.
3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or
any three (3) members of the Council. The call for a special meeting shall be filed with
the City Secretary in written form, except that announcement of a special meeting during
any regular meeting at which all members are present shall be sufficient notice of such
special meeting. The call for a special meeting shall specify the day, hour, and place of
the special meeting and shall identif'y the subject or subjects to be considered.
3.3 Recessed Meetings. Subject to State law, 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.
3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be
reconvened except by a motion to reconsider prior to any Councilmember's departure
from the Council chamber. See Sections 8.3 and 8.4.
3.5 Executive Sessions. Executive or closed sessions may only be held in aecordance with
State law.
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3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency
meeting may be called as a special meeting as set forth in Section 3.2, however, an
emergency meeting may not be held unless authorized by, and notice is given in
accordance, with State law.
ARTICLE 4.
PRESIDING OFFICER AND DUTIES
4.1 Mayor. The Mayor, ifpresent, shall preside as Mayor at all meetings ofthe Council. In
the absence of the Mayor, the Mayor Pro-Tern shall preside. In the absence of both the
Mayor and the Mayor Pro-Tern, the most senior Councilmember (by time of service on
the Council) present shall be the chairperson.
4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in
the Mayor's absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the
Mayor Pro-Tern, the meeting shall be called to order by the City Secretary until a
chairperson is elected by the Councilmembers who are present.
4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent
personalities from becoming involved during debate or the impugning of members'
motives, and confine Councilmembers in debate to the question under discussion.
4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege,
points of procedure or order, and withdrawals of motions, subject to the right of any
member to appeal to the Council as set forth in Part 8 of these Rules. See Sections 8.3,
8.4, 8.5, and 8.8.
4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote
and announce the result. A roll call vote shall be taken on all votes.
4.6 Substitution of Mayor. In the event the Mayor must relinquish the chair, the Mayor shall
call upon the Mayor Pro- Tem to preside if the Mayor Pro-Tern is present. If the Mayor
Pro-Tern is not present, the Mayor may call upon any other Councilmember to preside,
but such substitution shall not continue beyond adjourument of that meeting.
ARTICLE 5.
ORDER OF BUSINESS
5.1 Agenda. The City Manager and the City Secretary shall prepare an agenda for meeting of
the Council. Items may be placed on the agenda by the City Manager, the Mayor, or
upon the request of any three (3) Councilmembers.
(a) Information Required. Any item to be on the agenda must be provided to the
City Manager by no later than 9:00 a.m. on the Thursday preceding the meeting
and must contain sufficient information so that full disclosure of the item to be
addressed is present so as to alert the Council and the public of the topic to be
considered.
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(b) Order of Listing Items. The agenda shall list all items for consideration in a
format recommended by the City Manager.
(c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish
the Mayor and each Councilmember a copy of the agenda, including the proposed
ordinances, resolutions, petitions, notices, or other materials as required. Copies
of attachments and background material will generally be provided for the initial
presentation only and should be retained by the Mayor and the Councilmembers
until such time as the item is finalized.
(d) Copy Available to Public. A copy of the agenda, with or without attachments as
determined by the City Manager, shall be made available to the public at City
Hall prior to the meeting. Copies of the agenda shall be available to the public at
the meeting.
(e) Order: Exception. The ordinances, resolutions, and other proposed actions shall
be taken up and disposed of by the Council in the order listed in the agenda,
subject to the right of the presiding officer to take up matters in a different order.
5.2 Communication to Mayor and Council. The City Manager shall provide the Council with
a copy of each ordinance or resolution and any analysis of items to be acted upon by the
Council at a meeting. These communications shall be delivered to the Councilmembers
along with the agenda. This information should also be retained by the Mayor and
Councilmembers until such time as the item is finalized.
5.3 Reading of Minutes. Minutes may be approved without public reading if the City
Secretary has previously furnished the Mayor and each Councilmember with a copy
thereof.
5.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor
and each Councilmember may bring before the Council any business that person believes
should be brought up during the "Items By Council" and "Items by Mayor" portions of
the agenda. These matters need not be specifically listed on the agenda unless the person
desiring to make a comment knows prior to posting of the agenda that he/she will make
such comment. In response to an unposted comment, there (1) may only be a statement
of factual information in response, (2) a recitation of existing City policy, or (3)
discussion regarding a proposal to place the subject on the agenda for a subsequent
meeting.
5.5 Consent Agenda. A consent agenda may be used for those items which the City Manager
believes are non-controversial or that have been discussed in detail at a previous meeting.
Prior to any action thereon, any Councilmember may have any item on the consent
agenda pulled from the consent agenda for individual consideration.
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ARTICLE 6.
CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
6.1 Printed or Typewritten Form. All ordinances and resolutions shall be presented to the
Council only in printed or typewritten form.
6.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City
Manager.
6.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form
and legal content by the City Attorney, when requested by the Mayor or the City
Manager.
6.4 Funding. All actions authorizing an expenditure of money shall include the exact source
of the funds to be expended.
6.5 Reading of Caption Only. Upon being introduced, each proposed ordinance or resolution
shall be read by caption only.
6.6 Ordinances-Two Readings; Emergencies. Ordinances introduced at a Council meeting
shall not be finally acted upon until at least the next regular meeting, except that
immediate action may be taken upon an emergency as determined by the Council in
accordance the Charter or State law.
6.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all
ordinances and resolutions and shall be entered in the minutes of the Council.
6.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise
required by these Rules, the Charter, or State law, shall require the affirmative vote of
three (3) Councilmembers who are present and eligible to vote.
6.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive
vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as
presiding officer shall not be restricted to voting only in the event of a tie.
6.10 Numbering Ordinances and Resolutions. After approval on a second reading, the City
Secretary shall assign a number to each ordinance or resolution.
6.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the
presiding officer and shall be attested by the City Secretary or Deputy City Seeretary, and
it shall be filed and thereafter preserved in the office of the City Secretary.
ARTICLE 7.
RULES OF DECORUM
7.1 Recognition by presiding officer. No person shall address the Council without first being
recognized by the presiding officer.
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7.2 Order. While the Council is in session, the Councilmembers must preserve the order and
decorum of the meeting, and a Councilmember shall neither, by statement or otherwise,
delay or interrupt the proceedings or the peace of the Councilor disturb any other
Councilmember while speaking or refuse to obey the orders of the presiding officer.
Councilmembers are expected to remain on the dais during a Council meeting unless they
have good cause to vacate.
7.3 Presiding Officer. The Mayor or the Mayor Pro-Tem or such other member of the
Council who is serving as the presiding officer may participate in debate, subject only to
such limitations of debate as are the rights and privileges of a Councilmember by reason
of such Councilmember acting as the presiding officer. If the presiding officer is
engaged in debate and is, at the insistence of three (3) Council members, abusing the
position of the presiding officcr, the presiding officer must relinquish the chair to the next
most senior Councilmember (by time of service on the Council) present. The Mayor Pro-
Tern or such other member, other than the Mayor, who is serving as presiding officer
may move, second, and debate from the chair, subject only to such limitations of debate
as are the rights and privileges of a Councilmember by reason of the member acting as
the presiding officer.
7.4 Getting the Floor; Improper References to be Avoided. Every Councilmember desiring
to speak shall address the presiding officer, and upon recognition by the presiding officer,
shall confine hislher comments, questions, or discussion to the issue under debate,
avoiding all references to personalities and indecorous language.
7.5 Interruptions. A Councihnember, once recognized, shall not be interrupted when
speaking unless it is to call the Councihnember to order, ot as otherwise provided in these
Rules. If a Councilmember, while speaking, is called to order, the Councilmember so
called should cease speaking until the question of order is determined, and, if in order, the
Councilmember shall be permitted to speak.
ARTICLE 8.
MOTIONS AND MEETING PROCEDURES
8.1 Motions. After a Councilmember obtains the floor, he/she may make a motion on the
particular subject of discussion or a procedural point as permitted. A "Second" to the
motion, if required, must be made by another Councilmember within a reasonable but
brief time period. A "Second" merely implies that the seconder agrees that the motion
should come before the meeting and not that he/she necessarily favors the motion.
Without a "Second", if required, the motion dies.
8.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion
as stated by the presiding officer.
8.3 Motion Procedures. There are eleven (11) types of motions in three (3) categories:
Meeting Conduct Motions (4 types), Disposition Motions (6 types), and Main Motions*.
Sections 8.3 through 8.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order,
ABA Publishing, 2nd Edition.
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When any motion is pending, any motion listed above it on the chart below is in order;
those below it are out of order.
Motion
May
Interrupt
Speaker
Second
Required Debatable
Resolved
by Chair
Amendable No Vote
Affirmative
Vote by 3
Council-
members
2/3
Vote
5. to withdraw yes no no no yes no no
6. to postpone no yes yes yes no yes no
7. to refer no yes yes yes no yes no
8. to amend no yes yes yes no yes no
9. to limit, extend, or close no yes yes yes no no yes
debate or "call the question"
1 O. to count the vote ..
no yes no no no no no
8.4 Point of Privilege. A point of privilege, sometimes called a point of personal
privilege, is a communication from a Councilmember to the presiding officer, drawing
urgent attention to a need for personal accommodation. For example, the point may
relate to an inability to see or hear, a matter of comfort, a matter of requested
convenience, or an overlooked right of privilege that should have been accorded to the
Councilmember(s). In essence, it is a call to the presiding officer for the purpose of
assuring a Councilmember's convenient and appropriate participation in the meeting.
Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is
addressed to the attention of and action by the presiding officer, it cannot be debated or
amended, and no vote is required.
8.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is
a question addressed to the presiding officer, no seconding is required, and either
inquiring into the manner of conducting business or raising a question about the propriety
of a particular procedure. It is simply an inquiry and is resolved by correction or
Mandatory if seconded; no vote required
Unless a greater vote is required by the Charter or State law
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clarification by the presiding officer. A point of procedure can interrupt a speaker.
Because it is addressed to the attention of and action by the presiding officer, a second is
not required, and it cannot be debated or amended, and no vote is taken.
8.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions
of procedure, except that any ruling by the presiding officer's ruling can be appealed to a
vote of the Council. Whenever a Cotillcilmember questions the appropriateness or
essential fairness of the presiding officer, that member can appeal the ruling to a vote of
the meeting. If, however, a motion is out of order as a matter oflaw (not a proper subject
of the meeting, improper notice given, etc.), the presiding officer's ruling catillot be
appealed, A motion to appeal catillot interrupt a speaker. To prevent frivolous appeals, a
second is required. The motion is subject to debate (which should be brief) and, by its
nature, is not amendable. To overrule a procedural decision of the presiding officer, an
affirmative vote of three (3) Councilmembers is required.
8.7 To Recess. A motion to recess requests a brief interruption of the meeting's business,
usually so that an ancillary matter can be addressed, or simply to provide a needed break.
Unless stated in the motion, the period of recess is decided by the presiding officer. If
necessary, a recess can extend the meeting from one day to another, subject to State law.
The motion Catillot interrupt a speaker, and a second is required. It is debatable, it can be
amended, and an affirmative vote of three (3) Councilmembers is required.
8.8 To Withdraw, Only the maker of the motion can make a motion to withdraw it. It is
essentially a commtillication to the presiding officer that the maker is withdrawing his/her
proposal. This is the maker's privilege; thus, it does not require a second. Because the
withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because
another Cotillcilmember later can make a similar motion, a withdrawal motion is not
subject to debate, amendment, or vote. The presiding officer should simply state that thc
motion is withdrawn, and the meeting should proceed with a new treatment of the issue at
hand--or a new issue.
8.9 To Postpone. This motion may arise from a need for further information., a matter of
convenience, or for any other reason that will enable the COtillcil to deal with the issue
more effectively at a later time. Unless otherwise specifically provided in the motion
itself, a postponed motion can be rencwed at a later appropriate time during the meeting
or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It
requires a second, it is debatable, and it is amendable (particularly as to postponement,
timing), and an affirmative vote of three (3) Cotillcilmembers is required.
8.10 To Refer. A motion to refer is typically used to submit an issue to a committee,
usually for study leading to a subsequent recommendation. Because it ordinarily
disposes the motion for purposes of the current meeting, a motion to refer is subject to the
same rules that apply to a main motion. (See Section 8.14). This motion cannot interrupt
a speaker, and a second is required. It is debatable and amendable, and an affirmative
vote ofthree (3) Cotillcilmembers is required.
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8.11 To Amend. A motion to amend proposes a change in the wording of a motion then
under consideration. When a motion to amend is pending and an amendment to the
amendment is proposed, the presiding officer should foeus discussion on the latest
amendment, resolve that question, then proceed to the first amendment before continuing
discussion on the main motion. Votes on amendments are thus in reverse order of the
sequenee in which they are proposed. A motion to amend cannot interrupt a speaker. It
requires a second, and it is debatable and amendable. An affirmative vote of three (3)
Councilmembers is required for approval of the amendment. Note that State law may
restrict amendments to proposals that are required to be set forth in the notice of the
meeting.
8.12 To Limit. Extend. or Close Debate or "Call the Ouestion". Because the extent to which
an issue is discussed rests primarily with discretion of the presiding officer, it is the
presiding officer who carnes the burden of ensuring that adequate time and discussion are
given to differing points of view. A motion to limit, extend, or close debate is therefore
an overruling of the presiding officer's determination. A motion to close debate is the
same as a motion to "call the question". Because this motion affects the most
fimdamental right of any Councilmember, the right to speak one's views, it is the only
procedural motion that requires an affirmative vote of two-thirds of participants voting.
8.13 To Count the Vote. A motion to count the vote should be limited to those
circumstances where the eonvenient hearing of "yeas" and "nays" caunot clearly resolve
the issue. It represents the right of a Councilmember to have a vote demonstrated by
count. That count ean be directed by the presiding officer either as a showing of hands or
a standing of voting members while the vote is recorded. Upon completion of the count,
the presiding officer aunounces the result-and final disposition of the issue voted upon.
This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor
amendable; and, because of the importance of the matter, it should be considered
mandatory; thus, no vote is required.
8.14 To Take Action or Reconsider an Action; Main Motions. These main motions state
proposed policy or aetion on a substantive issue being considered by the Council. As
such, the motion can be an initial call to take particular action; to reconsider action taken;
or to rescind a prior decision. Although lowest in precedence among all motions, main
motions are clearly the most important through their content, the business decisions of
the Council are determined. A main motion can be made only when a prior main motion
has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable
and amendable; and an affirmative vote of three (3) Conncilmembers is required unless a
greater vote is prescribed by the Charter or State law.
ARTICLE 9.
ENFORCEMENT OF DECORUM
9.1 Warning. All persons other than a recognized speaker shall, at the request of the
presiding officer, be silent. If, after receiving a warning from the presiding officer, a
person persists in disturbing the meeting, the presiding officer may order ilie person to
leave the meeting. The Chief of Police, or such member or members of the Police
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Department or other persons as the presiding officer may designate, shall be sergeant-at-
arms of the Council meetings. If the person so requested does not leave the meeting, the
presiding officer may order the sergeant-at-arms to remove such person.
9.2 Removal. Any designated sergeant-at-arms shall carry out all orders and instructions
given by the presiding officer for the purpose of maintaining order and decorum at the
Council meeting. Upon instruction of the presiding officer, it shall be the duty of the
sergeant-at-arms to remove from the meeting any person who intentionally disturbs the
proceedings of the Council (or successor provision oflaw).
9.3 Resisting Removal. Any person who resists removal by the sergeant-at-arms shall be
charged with violating Section 42.05 (a) of the Texas Penal Code.
9.4 Motions to Enforce. Any Council member may move to require the presiding officer to
enforce these Rules and the affirmative vote of a majority of the Councilmembers present
and eligible to vote shall require the presiding officer to do so.
9.5 Adjournment. In the evcnt that any meeting is willfully disturbed by a person or groups
of persons so as to render the orderly conduct of such meeting unfeasible and when order
carmot be restored by the removal of the individuals who are creating the disturbance, the
meeting may be adjourned and the remaining business considered at the next regular or a
special meeting or, subject to State law, may be recessed to a set time and date.
ARTICLE 10.
CREA nON OF COMMITTEES, BOARDS, AND COMMISSIONS
10.1 Standing Committees. The Council may create committees, boards and commissions to
assist in the conduct of the operation of the City government with such duties as the
Council may specify not inconsistent with the Charter, the Code of Ordinances, or State
law. Membership and selection of members shall be as determined by the Council if not
specified by the Charter, the Code of Ordinances, or State law. No person may
concurrently serve on more than one Board unless by virtue of his/her position on the
Council, he/she also holds a position on another Board. Persons related within the second
degree by affinity or consanguinity to the Mayor or any member of the Council shall not
be eligible to serve on a standing committee. No standing committee so appointed shall
have powers other than advisory to the Councilor to the City Manager, except as
otherwise specified by the Charter, the Code of Ordinances, or State law.
10.2 Special Committees. The Council may, as the need arises, authorize the appointment of
"ad hoc" Council committees. Except where otherwise specifically provided by the
Charter, the Mayor and the City Council shall appoint the members of the special
committees. Any committee so created shall be given a "mission statement" directing its
activities. Any special committee 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
Councilmembers present and entitled to vote.
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ARTICLE 11.
CITIZENS' RIGHTS
11.1 Any person desiring to address the Council by oral
communication shall first secure the permission of the presiding officer; however,
preference will be given to those persons who have notified the City Manager in writing
by 12:00 noon on the Wednesday immediately preceding such Council meeting of their
desire to speak in order that the subject they wish to address be placed on the agenda, and
they will be recognized by the presiding officer without further action.
11.2 Manner of Addressing the Council - Time Limit. Each person addressing the Council
shall speak at the podium into the microphone (or at another designated location), shall
give hislher name and address in an audible tone of voice for the record, and, unless
further time is granted by the Council, shall limit hislher remarks to five (5) minutes or
less. All remarks shall be addressed to the Council as a body, and not to any individual
member thereof. No person, other than members of the Councilor City staff (when
requested by the presiding officer) and the person having the floor, shall be permitted to
enter into any discussion, either directly or through the members of the Council, unless
requested or approved by the presiding officer. No questions shall be asked the
Councilmembers, except through the presiding officer. Responses to questions may be
limited as required by State law.
11.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or
slanderous remarks, or who shall become boisterous, either while addressing the Council
or otherwise while in attendance at a Council meeting, may be requested to leave the
meeting, pursuant to Part 9 of these Rules, and may be removed from the meeting if
necessary for the conduct of the remainder of the meeting.
11.4 Public Hearings. After being recognized by the presiding officer, interested persons, or
their authorized representatives, may address the Council with respect to the subject
matter of a public hearing being conducted.
11.5 Written Communications. Interested persons, or their authorized representatives, may
address the Council by written communication in regard to any matter concerning the
City's business or over which the Council has control at any time by direct mail or by
addressing the City Secretary, who shall, on the request of the writer, distribute copies to
the Councilmembers.
11.6 Hearing of Residents. There shall be included on the agenda of each City Council
meeting an item labeled "Hearing of Residents". After being recognized by the presiding
officer, members of the public may address the Council on items on or not on the agenda
at that time, providing they have completed the "Hearing of Residents" form. The form
shall be made available to persons wishing to address the Council prior to the calling of
the meeting to order and such completed form shall be made available to the presiding
officer prior to the calling of the meeting to order. The persons signed up for "Hearing of
Residents" must speak during the "Hearing of Residents" portion of the meeting. If the
City Manager, prior to posting an agenda, is informed, prior to 12:00 noon on the
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Wednesday preceding the meeting, that a member of the public intends to discuss a
matter not otherwise on the agenda, he shall place such matter on the agenda.
Councilmembers and members of City staff may not discuss unposted items nor take any
action thereon other than to (1) make a statement of factual information, (2) make a
statement of existing City policy, or (3) discuss placing the item on a future agenda.
ARTICLE 12.
COUNCIL AND STAFF RELATIONS
12.1 City Manag:er to Provide Information. The City Manager is directly responsible for
providing information to all the Councilmembers concerning any inquiries by a specific
Councilmember. If the City Manager or his staffs time is being dominated or
misdirected by a Councilmember, it is his responsibility to inform the Mayor or the
Council as a whole.
12.2 City Manager's Responses to Requests. The City Manager is expected to respond in a
timely manner to the Council and Councilmember's requests. When information is
requested, the City Manager will estimate a reasonable time frame for collecting the
requested information.
(a) If the City Manager disagrees with the request, he should say so and explain his
position.
(b)
If the City Manager disagrees with individual directives,
clarification of the Council's will with regard
Councilmember's request.
he should initiate
to the individual
(c) The City Manager may delegate responsibility for the response as necessary and
appropriate, but the City Manager will be responsible for its receipt by the
Council in a timely marmer.
(d) The City Manager should maintain a checklist and timetable for requests and
other directives of the Council.
(e) All Councilmembers will be provided the same written information when any
matter under consideration may be of general concern to the Council. There will
be no preferential dissemination of information by the City Manager or his staff.
12.3 Directions to Citv Manag:er. During meetings of the Council, unless a vote is taken, a
consensus of the Councilmembers present will be required to direct the City Manager to
take any action.
12.4 Citv Manager's Dutv to Infonn. The City Manager is responsible for keeping the
Council informed. The Council should be provided weekly reports outlining progress on
outstanding issues as well as information on new issues and opportunities. Additionally,
the Council should be informed of City news prior to release of such information to the
community, newspaper(s), or other governmental entities, etc.
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12.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures
for handling customer concerns in all departments with prompt feedback to citizens and
Councilmembers.
12.6 Citv Manager/Council Relations. The City Manager should strive to maintain positive
relations with the Council by following these guidelines:
(a) Work to establish mutual trust with the Council.
(b) Maintain open lines of communication with the Council and keep Council
informed.
(c) Inform all Councilmembers of educational opportunities, recognizing that an
educated Council is in the City's best interest.
(d) Include the Council in City-sponsored employee social events.
(e) Conduct orientation sessions for new Councilmembers, including a tour of City
buildings and introductions to staff.
*
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