01-12-2016 Agenda with backupCity Council Agenda
REGULAR SESSION CITY COUNCIL
January 12, 2016, 6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
Call to Order — City Council Regular Session
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
( Councilmember Thompson)
Recognition and Presentation
• Introduction of the Student Mayors and Student Councilmembers for the Day. (Mayor
Carpenter)
- Student Mayors — Dobie Jr. High, 8th Grade James Kemter and Corbett Jr. High,
8th Grade Kelsey Ayers
- Student Councilmembers — Dobie Jr. High, 7th Grade Raymond Ambrose and
Corbett Jr. High, 7th Grade Kyle Dorsey
City Events and Announcements
• Announcements of upcoming City Events (B. James /D. Walt/B. Cantu)
• Announcements and recognitions by City Manager (J. Kessel)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person should
fill out the speaker's register prior to the meeting. Presentations should be limited to no more than
3 minutes.
01 -12 -2016 Council Agenda
All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while addressing the
Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of specific
factual information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, and /or a proposal to place the item on a fture agenda. The presiding officer, during the
Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak
in the order they have registered.
Workshops
• Discussion and possible action regarding amending the City Council Rules of Conduct and
Procedure and the City Council Code of Ethics. (Item requested by Councilmember
Edwards and confirmed by Mayor Carpenter)
• Discussion and consideration and /or action regarding the confirmation, appointment or
election of the Mayor Pro Tempore.
Discussion and Action items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of January 5, 2016. (J. Kessel /B. Dennis)
2. Resolution No. 16 -R -01 — Consideration and/or action approving a Resolution authorizing
the issuance of a letter from the City of Schertz regarding the Adult Megaplex billboard
located at Schertz Parkway and IH 35. (B. James)
Roll Call Vote Confirmation
Requests and Announcements
3. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
4. Future Agenda Item Request for City Council: This is an opportunity for City Council
members to request that items be placed on a future agenda. No discussion of the merits of
the item may be taken at this time. Should a Council Member oppose placement of the
requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the
consensus of the other City Council members to place or not place the item on a future
agenda.
01 -12 -2016 City Council Agenda Page - 2 -
5. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Executive Session
6. City Council will meet in closed session under section 551.074 of the Texas Government
Code, Personnel Matters to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City Secretary.
Reconvene into Regular Session
6a. Take any necessary action based on discussions held in closed session under Agenda
Item number 6 including possible increase in salary.
Roll Call Vote Confirmation
Adjournment
CERTIFICATION
I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY
CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL
BULLETIN BOARDS ON THIS THE 8t' DAY OF JANUARY, 2016 AT 4:36 P.M. WHICH IS A
PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE
WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE.
grevucO Deww�s
Brenda Dennis, City Secreta
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE
OFFICIAL BULLETIN BOARD ON DAY OF 2016.
Title:
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking
spaces are available. ffyou require special assistance or have a request for sign interpretative services or
other services please call 210 -619 -1030.
The City Council for the City of Schertz reserves the right to adjourn into executive session at any
time during the course of this meeting to discuss any of the matters listed above, as authorized by the
Texas Open Meetings Act.
01 -12 -2016 City Council Agenda Page - 3 -
Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal
counsel and the presence of any subject in any Executive Session portion of the agenda constitutes a
written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental
body and constitutes an opinion by the attorney that the items discussed therein may be legally
discussed in the closed portion of the meeting considering available opinions of a court of record and
opinions of the Texas Attorney General known to the attorney. This provision has been added to this
agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter
551144(c) and the meeting is conducted by all participants in reliance on this opinion.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter
Mayor Pro -Tem Fowler — Place 1
Audit Committee
Interview Committee for Boards and Commissions
Interview Committee for Boards and Commissions
Schertz Housing :Board Liaison.
Investment Advisory Committee
Randolph Joint Land Use Study (JLUS) Executive
TIRZ 11 Board
Committee
Schertz Seguin Local Government Corporation
Councilmember Azzoz — Place 2
Councilmember John — Place 3
Animal Control Advisory Committee
Lone Star Rail District
Sweetheart Advisory Committee
Councilmember Edwards — Place 4
Councilmember Thompson Place 5
Audit Committee
Audit Committee
Hal Baldwin Scholarship Committee
Investment Advisory Committee
Interview Committee for Boards and Commissions
Cibolo Valley Local Government Corporation
01 -12 -2016 City Council Agenda Page - 4 -
ORDINANCE NO. 15 -M -06
AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING
AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE;
PROVIDING FOR THE TREATMENT OF ABSTENTIONS; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Schertz has previously adopted Rules of
Conduct and Procedure for the conduct of meetings of the City Council; and
WHEREAS, the City Council currently does not address the procedural treatment of
abstentions by Council Members from a vote; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
amend, update, and clarify the Rules of Conduct and Procedure as they relate to abstentions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. That the City Council Rules of Conduct and Procedure are amended as
follows:
Article 9 is amended by adding Section 9.17 Effect of Abstentions a follows:
Action on required Abstentions, Effect of non - required Abstentions. The following rules
shall apply when a Council Member abstains from voting on an item:
When the Council Member is Legally Obligated to Abstain.
When a Council Member is legally obligated to abstain from voting pursuant to
Texas Local Government Code Chapter 171, a local ordinance or the City Charter
then the Council Member shall leave the dais and exit City Council Chambers
until such time as the debate and vote on the item has been concluded. The City
Secretary shall record that the Council Member left the room and abstained from
the vote in the official minutes and there shall be no other effect.
When the Council Member as no Le ag 1 Obligation to Abstain from Voting.
When a Council Member has no legal obligation to abstain from voting then an
abstention shall be recorded in the minutes as an abstention and shall procedurally
be treated as a "no" vote.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
PASSED ON FIRST READING, the 3rd day of February, 2015.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 10th day of
February, 2015.
iii � �°°�'••
Ida 6r, Michael R. Carpenter
ATTEST:
`�1 x
City Secretary, Brenda Dennis
(Seal of City)
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 Conduct 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 internally 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, listen 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.
02 -10 -2015 Revised
TABLE OF CONTENTS
5.1 Appointment Procedure for the Mayor Pro Tern ................................ ............................... 3
5.2 Appointment Procedure for a Councilmember ................................... ............................... 4
02 -10 -2015 Revised 1
Page
ARTICLE 1.
AUTHORITY
1.1
City Charter ......................................................................................... ...............................
1
1.2
Effective Date; Amendment ............................................................... ...............................
1
ARTICLE 2.
GENERAL RULES
2.1
Meetings to be Public .......................................................................... ...............................
1
2.2
Quorum ............................................................................................... ...............................
1
2.3
Minutes of Meetings ........................................................................... ...............................
1
2.4
Questions to Contain One Subject ...................................................... ...............................
1
2.5
Right to the Floor ................................................................................ ...............................
1
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
3.1
Regular Meetings ................................................................................ ...............................
2
3.2
Special Meetings ................................................................................. ...............................
2
3.3
Recessed Meetings .............................................................................. ...............................
2
3.4
Adjourned Meetings ............................................................................ ...............................
2
3.5
Executive Sessions .............................................................................. ...............................
2
3.6
Emergency Meetings .......................................................................... ...............................
3
ARTICLE 4.
PRESIDING OFFICER AND DUTIES
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.
APPOINTMENT PROCEDURES
5.1 Appointment Procedure for the Mayor Pro Tern ................................ ............................... 3
5.2 Appointment Procedure for a Councilmember ................................... ............................... 4
02 -10 -2015 Revised 1
TABLE OF CONTENTS
(continued)
Page
ARTICLE 6.
ORDER OF BUSINESS
6.1 Agenda ................................................................................................ ............................... 5
6.2 Communication to Mayor and Council ............................................... ............................... 5
6.3 Approval of Minutes ........................................................................... ............................... 6
6.4 Presentations by Members of Council ................................................ ............................... 6
6.5 Consent Agenda .................................................................................. ............................... 6
ARTICLE 7.
CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7.1
Printed, Typewritten, or Electronic Form ........................................... ............................... 6
7.2
City Manager Review ......................................................................... ............................... 6
7.3
City Attorney to Approve ................................................................... ............................... 6
7.4
Funding ............................................................................................... ............................... 6
7.5
Reading of Caption Only .................................................................... ............................... 6
7.6
Ordinances -Two Readings; Emergencies ........................................ ............................... 6
7.7
Recording of Votes ............................................................................. ............................... 7
7.8
Vote Required ..................................................................................... ............................... 7
7.9
Tie Vote .............................................................................................. ............................... 7
7.10
Numbering Ordinances and Resolutions ............................................ ............................... 7
7.11
Ordinance Passage Procedure ............................................................. ............................... 7
To Refer ............................................................................................ ...............................
ARTICLE 8
9.11
RULES OF DECORUM
8.1 Recognition by presiding officer ........................................................ ............................... 7
8.2 Order ................................................................................................... ............................... 7
8.3 Presiding Officer ................................................................................. ............................... 7
8.4 Improper References to be Avoided ................................................... ............................... 8
8.5 Interruptions ........................................................................................ ............................... 8
ARTICLE 9.
MOTIONS AND MEETING PROCEDURES
9.1
Motions ............................................................................................... ............................... 8
9.2
Debate ................................................................................................. ............................... 8
9.3
Motion Procedures .............................................................................. ............................... 8
9.4
Point of Privilege ................................................................................ ............................... 9
9.5
Point of Procedure or Order ................................................................ ............................... 9
9.6
To Appeal a Ruling ............................................................................. ............................... 9
9.7
To Recess ................................................................................... ............................... 9&10
9.8
To Withdraw ..................................................................................... ...............................
10
9.9
To Postpone or Extend ...................................................................... ...............................
10
9.10
To Refer ............................................................................................ ...............................
10
9.11
To Amend ......................................................................................... ...............................
10
9.12
To Limit or Close Debate or "Call the Question" ............................. ...............................
10
9.13
To Count the Vote ............................................................................. ...............................
11
9.14
To Take Action or Reconsider an Action; Main Motions ................ ...............................
11
02 -10 -2015 Revised ii
TABLE OF CONTENTS
(continued)
Page
9.15 To take action or Rescind motion ..................................................... ............................... 11
9.16 To Take Action; Main Motions ........................................................ ............................... 11
9.17 Effect of Abstentions ........................................... .............................11 & 12
ARTICLE 10.
ENFORCEMENT OF DECORUM
10.1 Warning ............................................................................................... .............................12
10.2 Removal .............................................................................................. .............................12
10.3 Resisting Removal ............................................................................ ............................... 12
10.4 Motions to Enforce ........................................................................... ............................... 12
10.5 Adj ournment ..................................................................................... ............................... 12
ARTICLE 11.
CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS
11.1 Standing Committees ........................................................................ ............................... 12
11.2 Special Committees ................................................................. ............................... 12 & 13
ARTICLE 12.
CITIZENS' RIGHTS
12.1 Addressing the Council ..................................................................... ............................... 13
12.2 Manner of Addressing the Council — Time Limit ............................. ............................... 13
12.3 Personal and Slanderous Remarks .................................................... ............................... 13
12.4 Public Hearings ................................................................................. ............................... 13
12.5 Written Communications .................................................................. ............................... 13
12.6 Hearing of Residents ......................................................................... ............................... 14
ARTICLE 13.
COUNCIL AND STAFF RELATIONS
13.1 City Manager to Provide Information ............................................... ............................... 14
13.2 City Manager's Responses to Requests ............................................ ............................... 14
13.3 Directions to City Manager ............................................................... ............................... 15
13.4 City Manager's Duty to Inform ........................................................ ............................... 15
13.5 Customer Concerns ........................................................................... ............................... 15
13.6 City Manager /Council Relations ....................................................... ............................... 15
02 -10 -2015 Revised iii
ARTICLE 1.
AUTHORITY
1.1 City 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 Quorum. Three members of the Council, not including the Mayor, shall constitute a
quorum. In the absence of the Mayor, the Mayor Pro Tem 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
of the 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. Subject to Section 8.5, any Councilmember or member of City staff
desiring to speak shall be recognized by the Mayor (or the presiding officer in the
Mayor's absence) at an appropriate time, and shall confine his /her 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 meetings 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.
02 -10 -2015 Revised I
2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by
the Council or 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 of law.
2.8 City 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
adopted 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 I1, 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 identify 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 9.3 and 9.4.
3.5 Executive Sessions. Executive or closed sessions may only be held in accordance with
State law.
02 -10 -2015 Revised 2
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, if present, shall preside as Mayor at all meetings of the Council. In
the absence of the Mayor, the Mayor Pro -Tem shall preside. In the absence of both the
Mayor and the Mayor Pro -Tem, 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 -Tem, the meeting shall be called to order by the most senior Councilmember
(by time of service on the Council) 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 Article 9 of these Rules. See Sections
9.3, 9.4, 9.5, 9.6, and 9.8.
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 Maw. In the event the Mayor must relinquish the chair, the Mayor shall
call upon the Mayor Pro -Tem to preside if the Mayor Pro -Tem is present. If the Mayor
Pro -Tem is not present, the Mayor may call upon the most senior Councilmember (by
time of service on the Council) present to preside, but such substitution shall not continue
beyond adjournment of that meeting.
ARTICLE 5.
APPOINTMENT PROCEDURES
5.1 Appointment Procedure for the Mayor Pro Tem.
(a) The Council will discuss, and with a majority vote, appoint the Councilmember to
serve as the Mayor Pro Tem for the City.
(b) The appointed Mayor Pro Tem must be a Councilmember and must meet the
qualifications of Section 4.02 of the City Charter. In addition, to be appointed to
the position of Mayor Pro Tem, a Councilmember must be an elected member of
Council.
02 -10 -2015 Revised 3
(c) Term dates for the Mayor Pro Tem position will begin in February and August of
each year (the election dates offset by three (3) months). Terms will sequentially
rotate according to Councilmember place.
(d) If the Councilmember place that is up for appointment as Mayor Pro Tem is
vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro
Tem, the Mayor Pro' Tem appointment will go to the next qualified
Councilmember.
(e) The position will have a term of office of six (6) months.
(f) The appointed Mayor Pro Tem may be removed by Council by a two - thirds (2/3)
majority vote of the members of Council at any time during his or her term.
(g) Council reserves the right to alter this procedure at any time by resolution or rule.
5.2 Appointment Procedure for a Councilmember.
(a) The Council may appoint a Councilmember to a vacant seat as authorized by
Section 4.06 of the City Charter.
(b) The Council will announce and advertise on the City's website and in the City's
newspaper of record that applications are being accepted for a vacant position on
Council.
(c) A due date for applications to be submitted will be set.
(d) Applicants must meet the qualifications for a Councilmember set forth in Section
4.02 of the City Charter.
(e) Applications will be received by the City Secretary's office and distributed to all
Councilmembers.
(f) An interview date will be set and posted for a public meeting.
(g) Interviews of prospective candidates will be held in a public forum by a quorum
of Councilmembers.
(h) Councilmembers will discuss, and appoint by majority vote, the new member of
Council at either the same meeting as the interviews or at a subsequent Council
meeting.
(i) The Council is the final judge of whether a candidate is qualified to serve as a
Councilmember as set forth in Section 4.03 of the City Charter.
0) Council reserves the right to alter this procedure at any time by resolution or rule.
02 -10 -2015 Revised 4
ARTICLE 6.
ORDER OF BUSINESS
6.1 Agenda. The City Manager and the City Secretary shall prepare an agenda for each
meeting of the Council. Items may be placed on the agenda by the City Manager (or in
his absence any Assistant City Manager), the Mayor, or any Councilmember, except that
a Councilmember directing that an item or items be placed on an agenda must do so in
open session, during a properly posted meeting of the Council. Items placed on the
agenda by the City Manager (or in his absence any Assistant City Manager) may be
removed only by the City Manager (or any Assistant City Manager) and he /she may do
so at any time that permits the agenda for the Council meeting to be properly posted by
the City Secretary's Office under the Texas Open Meetings Act. Items placed on an
agenda by the Mayor may be removed only by the Mayor, and he /she may do so at any
time that permits the agenda for the Council meeting to be properly posted by the City
Secretary's Office under the Texas Open Meetings Act. Items placed on the agenda by a
Councilmember may be removed only by that specific Councilmember, and he /she may
do so at any time that permits the agenda for the Council meeting to be properly posted
by the City Secretary's Office under the Texas Open Meetings Act.
(a) Information Required. Any item to be on the agenda must be provided to the
City Manager pursuant to a procedure established and modified by the City
Manager from time to time. Each item on the agenda 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.
(b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all
items for consideration in a format recommended by the City Manager. The name
of the person or persons placing an item on the agenda and the name of any
expected staff presenter shall be stated on the agenda.
(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.
6.2 Communication to Mayor and Council. The City Manager shall provide the Council with
a copy of each ordinance or resolution and appropriate analysis of items proposed to be
acted upon by the Council at a meeting. These communications shall be delivered to the
02 -10 -2015 Revised 5
Mayor and Councilmembers along with the agenda. This information should also be
retained by the Mayor and Councilmembers until such time as the item is finalized. Staff
members, in making presentations to Council at a meeting of the Council, should
endeavor to restrict their presentations to five (5) minutes, excluding responses to
questions by the Mayor and /or Councilmembers.
6.3 Approval 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.
6.4 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 "Requests by Mayor and Councilmembers" and
"Announcements by Mayor and Councilmembers" 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.
6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant
City Manager) with respect to items believed to be non - controversial, the City Secretary
shall place multiple items on a "Consent Agenda" portion of the agenda, subject to the
right of the Mayor or any Councilmember to request at the meeting that any one or more
of such items be removed from the Consent Agenda for individual consideration. First
readings of ordinances shall in all events be posted for individual consideration and shall
not be included on the Consent Agenda.
ARTICLE 7.
CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS
7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be
presented to the Council only in printed, typewritten, or electronic form.
7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City
Manager or his designee.
7.3 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.
7.4 Funding. All actions authorizing an expenditure of money shall include the exact source
of the funds to be expended.
7.5 Reading of Caption Only. Upon being introduced, each proposed ordinance or resolution
shall be read by caption only.
7.6 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
02 -10 -2015 Revised 6
immediate action may be taken upon an emergency as determined by the Council in
accordance the Charter or State law.
7.7 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.
7.8 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.
7.9 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.
7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance
on second reading or on a single reading as an emergency, the City Secretary shall assign
a number to each ordinance or resolution within the records of the City.
7.11 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 Secretary, and
it shall be filed and thereafter preserved in the office of the City Secretary.
ARTICLE 8.
RULES OF DECORUM
8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the
Council without first being recognized by the presiding officer.
8.2 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 Council or 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.
8.3 Presiding Officer. The Mayor or the Mayor Pro -Tern 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 officer, the presiding officer must relinquish the chair to the
Mayor Pro -Tem, or in his/her absence, to the next most senior Councilmember (by time
of service on the Council) present. The Mayor Pro -Tem 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.
02 -10 -2015 Revised 7
8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to
Section 2.5 or 8.5, he /she shall avoid all references to personalities and indecorous
language.
8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor
or another Councilmember when speaking unless it is to raise a point of privilege
(Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to
withdraw a previously- stated motion (Section 9.8), or as otherwise provided in these
Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the
Councilmember so interrupted should cease speaking until the question is determined.
ARTICLE 9.
MOTIONS AND MEETING PROCEDURES
9.1 Motions. A Councilmember, after he /she obtains the floor, or the Mayor 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 a Councilmember who did not
make the motion within a reasonable but brief time period. The Mayor may not
"Second" a motion. A motion or a "Second" merely implies that the maker of the motion
and the person who "Seconds" agree 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.
9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion
as stated by the presiding officer.
9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories:
Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main
Motions(1 type) *. 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
Amendable
Resolved
by Chair
No Vote
Affirmative
Vote by 3
Council-
members
2/3
Vote
A. Meeting Conduct Motions
1, point of privilege
yes
no
no
no
yes
no
no
2. point of procedure or order
yes
no
no
no
yes
no
no
3. to appeal a ruling
no
yes
yes
no
no
yes
no
4. to recess
no
yes
yes
yes
no
yes
no
B. Disposition Motions
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
Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order,
ABA Publishing, 2nd Edition.
02 -10 -2015 Revised 8
8. to amend
no
yes
yes
yes
no
yes
no
9. to limit or close debate or
"call the question"
no
yes
yes
yes
no
no
yes
10. to extend debate
no
yes
yes
yes
no
yes
no
11. to count the vote
no
yes
no
no
no **
no
no
C. Main Motions
12. to reconsider
yes
yes
if original
motion
was
debatable
no
no
yes
no
13. to rescind
no
yes
yes
yes
no
no
yes
14. to take action
no
yes
yes
yes
no
Yes***
no
9.4 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.
9.5 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 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.
9.6 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 Councilmember 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 of law (not a proper subject
of the meeting, improper notice given, etc.), the presiding officer's ruling cannot be
appealed. A motion to appeal cannot 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.
9.7 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.
** Mandatory if seconded; no vote required
02 -10 -2015 Revised 9
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 cannot 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.
9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is
essentially a communication 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 Councilmember later can make a similar motion, a withdrawal motion is not
subject to debate, amendment, or vote. The presiding officer should simply state that the
motion is withdrawn, and the meeting should proceed with a new treatment of the issue at
hand —or a new issue.
9.9 To Postpone or Extend. These motions may arise from a need for further information, a
matter of convenience, or for any other reason that will enable the Council to deal with
the issue more effectively during the same meeting or at a later time. Unless otherwise
specifically provided in the motion itself, a postponed or extension motion can be
renewed 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) Councilmembers is required.
9.10 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 9.14). This motion cannot interrupt a speaker,
and a second is required. It is debatable and amendable, and an affirmative vote of three
(3) Councilmembers is required.
9.11 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 focus 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 sequence 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.
9.12 To Limit or Close Debate or "Call the Question ". Because the extent. to which an issue is
discussed rests primarily with discretion of the presiding officer, it is the presiding officer
who carries the burden of ensuring that adequate time and discussion are given to
differing points of view. A motion to limit 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 fundamental 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.
02 -10 -2015 Revised 10
9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances
where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It
represents the right of a Councilmember to have a vote demonstrated by count. That
count can 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 announces 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.
9.14 Motion to Reconsider. Allows a main motion to be brought back before the City Council
for consideration. May be made only at the meeting at which the vote to be reconsidered
was taken. It may be made by any member of City Council. Any City Council member
may second it. It can be made while any other question is pending, even if another
member has the floor. It requires a majority vote to pass. A motion may only be
reconsidered twice. If the reconsideration is moved while another subject is before the
City Council, it cannot interrupt the pending business, but, as soon as the pending
business has been disposed of the motion has the preference over all other main motions
and general business of the agenda. In such a case the Mayor does not state the question
on the reconsideration until the immediately pending business is completed.
9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may
only be made when there is nothing else before the City Council and must be made at the
same meeting at which the subject matter of the motion was considered and it requires a
two- thirds vote of the City Council members. It cannot be made if a motion to reconsider
has been previously made. The motion to rescind can be applied to votes on all main
motions with the following exceptions: votes cannot be rescinded after something has
been done as a result of that vote that the City Council cannot undo; or, where a
resignation has been acted upon, or one has been appointed to, or expelled from, a
committee or office, and was present or was officially notified. In the case of expulsion,
the only way to reverse the action afterwards is to restore the person to the committee or
office, which requires the same preliminary steps and vote as is required for the original
appointment.
9.16 To Take Action; Main Motions. Main motions state proposed policy or action on a
substantive issue being considered by the Council. As such, the motion is an initial call
to take particular action. 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) Councilmembers is required unless a
greater vote is prescribed by the Charter or State law.
9.17 Effect of Abstentions; action on required Abstentions; Effect of non - required
Abstentions. The following rules shall apply when a Council Member abstains from
voting on an item:
When the Council Member is Legally Obligated to Abstain.
02 -10 -2015 Revised I I
When a Council Member is legally obligated to abstain from voting pursuant to Texas
Local Government Code Chapter 171, a local ordinance or the City Charter then the
Council Member shall leave the dais and exit City Council Chambers until such time as
the debate and vote on the item has been concluded. The City Secretary shall record that
the Council Member left the room and abstained from the vote in the official minutes and
there shall be no other effect.
When the Council Member as no Legal Obl�gation to Abstain from Voting.
When a Council Member has no legal obligation to abstain from voting then an
abstention shall be recorded in the minutes as an abstention and shall procedurally be
treated as a "no" vote.
ARTICLE 10.
ENFORCEMENT OF DECORUM
10.1 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 the person to
leave the meeting. The Chief of Police, or such member or members of the Police
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.
10.2 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 of law).
10.3 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.
10.4 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.
10.5 Adjournment. In the event 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
cannot 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 11.
CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS
11.1 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
02 -10 -2015 Revised 12
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 Council or to the City Manager, except as
otherwise specified by the Charter, the Code of Ordinances, or State law.
11.2 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.
ARTICLE 12.
CITIZENS' RIGHTS
12.1 Addressing the Council. Any person desiring to address the Council by oral
communication shall first secure the permission of the presiding officer.
12.2 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 his /her name and address in an audible tone of voice for the record, and, unless
further time is granted by the Council, shall, subject to Section 12.4 below, limit his/her
remarks to three (3) 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
Council or 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.
12.3 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 Article 10 of these Rules, and may be removed from the meeting if
necessary for the conduct of the remainder of the meeting.
12.4 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. The presiding officer may establish
procedures at a public hearing to limit the amount of time (which, unless modified by the
presiding officer, shall be as set forth in Section 12.2 above) interested persons may
speak, subject to the Councilmembers' right to appeal the presiding officer's ruling
pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to
the Councilmembers' right of appeal pursuant to Section 9.6, the normal order of a public
02 -10 -2015 Revised 13
hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a
modified public hearing procedure by the presiding officer; (ii) address to the Council by
any interested person(s); (iii) discussion by the Mayor and Councilmembers, including
requests for information from City staff or any person(s) who addressed the Council; and
(iv) action by the Council, if any is posted on the agenda relating to the hearing.
12.5 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.
12.6 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 (giving precedence to residents of the City) may address
the Council on items on or not on the agenda at that time, providing they have completed
the "Hearing of Residents" form, unless authorized by the presiding officer. 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.
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.
Persons speaking shall be subject to the time limits set forth in Section 12.2, unless
otherwise authorized by the presiding officer.
ARTICLE 13.
COUNCIL AND STAFF RELATIONS
13.1 City Manager 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 staff's time is being dominated or
misdirected by a Councilmember, it is his responsibility to inform the Mayor or the
Council as a whole.
13.2 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, he should initiate
clarification of the Council's will with regard to the individual
Councilmember's request.
02 -10 -2015 Revised 14
(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 manner.
(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.
13.3 Directions to City Manager. 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.
13.4 City Manager's Duty to Inform. 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.
13.5 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.
13.6 CLty 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.
Amended: November 12, 2014
02 -10 -2015 Revised 15
SQE CITY pA
dD
City Council Code of Ethics
12 -09 -14 Final
Introduction
The City Council Code of Ethics (the "Codes ") applies only to the members of the City
Council: the Mayor, the Mayor Pro -Tem and the other City Council members. Furthermore,
all provisions of the Codes apply equally to the Mayor, Mayor Pro -Tem and City Council
members, who must follow the content of the Codes as well as the spirit.
It is the policy of the, City Council that all of its members shall abide by federal and state law. It
is also the policy of the City Council that all of its members shall abide by the provisions set
forth in the City Charter and all City ordinances and policies, including the Codes.
Purpose
By adopting these Codes, Council members commit to:
• transparent and accountable governance;
• honest, fair and respectful dealings with fellow Council members, City staff, and the
wider community; and
• working together to deliver the best outcomes for the long -term interests of the City.,
These standards, together with the ongoing requirement for Council members to abide by
Council policies, as they change from time to time, will ensure that public trust and confidence in
the City Council is enhanced.
Limitations
The Codes are intended to support, explain or otherwise clarify the articles set forth in the
City Charter or to exercise the specific right given to the City Council in the City Charter in
Article III, Section 3.01 and Article IV, Section 4.08, to exercise its governmental powers.
Nothing in the Codes is intended to contradict or supersede the City Charter or state law.
Procedure
1. Council Member and Board, Committee or Commission Member Interactions
a. City boards, committees and commissions are formed in order to provide
independent recommendations to Council and, in the case of some commissions,
to conduct hearings in order to make determinations, which may or may not be
subject to appeal to the Council.
2. Council Members Serving- as Council Liaisons
a. A Council liaison is a Council member who is specifically assigned to be the
liaison between the City Council and a board, committee or commission. The
primary role of the liaison is that of facilitator of communications between the
Page 1
.z 8
0
cO�osaYS °`
12 -09 -19 Final
board, committee or commission and the Council. A Council member who is
appointed to sit as a member of a board, committee or commission is not a liaison
for purposes of this policy.
b. A Council liaison shall facilitate communications between the board, committee
or commission and the Council. The liaison should not be an advocate for the
board, committee or commission, give direction to a board, committee or
commission or influence a decision of a board, committee or commission. The
liaison may, however, assist and provide guidance to a board, committee or
commission with their work plans or agendas.
c. A Council Liaison Acts as the:
i. Spokesperson on behalf of the Council when so directed by the Council.
ii. Contact person, if the board, committee or commission (or an individual
board, committee or commission member) wants such a channel of
communication.
iii. Council representative present to identify procedural and structural issues
relating to the effective functioning of the board, committee or
commission for Council.
d. Council Liaison Participation Expectations:
i. Attendance is discretionary with the Council member. Attendance as a
liaison at a board, committee or commission meetings is not required.
ii. Liaisons shall have no vote on the board, committee or commission.
iii. Liaison attendance at board, committee or commission retreats is
discouraged unless attendance is requested by the board, committee or
commission.
iv. Liaisons do not have a right to be in attendance at board, committee or
commission executive sessions and shall abstain from attending such
executive sessions unless invited to attend by the collective board,
committee or commission.
Ethical Conduct Rules
1. Ethical Conduct Rules for all City Council Members
a. During City Council meetings, City Council members shall assist in preserving
order and decorum and shall neither by conversation or otherwise delay or
interrupt the proceedings nor refuse to obey the orders of the presiding officer or
the rules of the City Council.
Page 2
CITY of
C
0
1 N
,�C�RPORl'l��a�
12-09-14 Final
b. During City Council meetings, a City Council member desiring to speak shall
address the chair and, upon recognition by the presiding officer, shall confine
discussion to the question under debate, avoid discussion of personalities and
indecorous language, and refrain from personal attacks and verbal abuse.
c. During City Council meetings, a City Council member desiring to question the
administrative staff shall address questions to the City Manager, who shall be
entitled either to answer the question(s) or designate a member of City staff. Such
designation may occur at any time, including prior to a City Council meeting.
City Council members shall not berate nor admonish staff members.
d. During City Council meetings, a City Council member, once recognized, shall not
be interrupted while speaking unless called to order by the presiding officer, to
raise a point of order, procedure or privilege, or unless the speaker chooses to
yield to questions from another member. If a City Council member is called to
order while speaking, that member shall cease speaking immediately until the
question of order is determined. If ruled to be in order, the member shall be
permitted to proceed. If ruled to be not in order, the member shall remain silent or
make additional remarks so as to comply with rules of the City Council.
e. During City Council meetings, City Council members shall confine their
questions to the particular matters before the assembly, and in debate, shall
confine their remarks to the issues before the City Council.
f. During City Council meetings, when there is more than one speaker on the same
subject, City Council members will delay their comments until after all speakers
on the subject have been heard.
g. Council members shall clearly state when he /she has been directed by Council to
speak on behalf of the City Council at the meeting of any board, committee or
commission. All other commentary offered before a board, committee or
commission is deemed to be the personal opinion of the Council member.
h. Council members shall not speak on behalf of the Council at any place or time
unless they have been so directed by the body of the City Council. Any
commentary offered at any time, in public or otherwise, is deemed to be the
personal opinion of the City Council member speaking.
Page 3
4� CITY Q0
0
# N
r *cOk+wea-cEp ���
12 -09 -14 Final
i. Council members shall not speak to any board, committee or commission member
on any matter that may come before the Council in a manner designed to
influence the member.
j. No Council member shall privately lobby any member outside of the meetings in
an attempt to influence his or her individual vote.
k. Any Council member who has testified on his or her own behalf or as a witness
before a board, committee or commission on any administrative action which then
comes to Council is disqualified from participating as a Council member on the
matter only if there is a legal conflict of interest.
2. Confidentiality of Information Shared in Executive Session
a. Council members shall keep all matters discussed in executive session
confidential.
b. Any Council member who shares any part or portion of the discussions, discourse,
presentations or information heard or presented during an executive session shall
be deemed to have violated the Codes.
3. Individual Members of Council Providing Direction or Instruction to the Citv Manager or
Staff
a. Only the City Council, acting as a body, is permitted to provide direction and
instruction to the City Manager, City Secretary, City Attorney or the City Judge
(or Judges) regarding any matter confronting the City, whether policy - related or
otherwise.
b. No member of Council (specifically including the Mayor, the Mayor Pro -Tern and
the individual Council members) shall, at any time, give individual instruction to,
attempt to define policy for, or make any demand of the City Manager, City
Secretary, City Attorney or the City Judge (or Judges) or any member of staff.
c. No member of Council shall attempt to influence the City Manager, City
Secretary, City Attorney, City Judge (or Judges) or any member of staff to
circumvent City rules, policies or ordinances.
Page 4
C1Tr op
12 -09 -14 Final
d. Any member of Council may, of course, at any time, make requests of the City
Manager, City Secretary, City Attorney or the City Judge (or Judges) or any
member of staff for information, assistance, or other help as may be necessary, so
long as no orders, threats, promises, intimidations, or ultimatums, explicit or
implicit, are issued.
e. The single exception to this rule is that in times of emergency lawfully declared
by the Mayor, the Mayor may act independently as to matters of urgent need until
a meeting of the Council, in quorum, can be called.
f. Any member of Council giving individual instruction or making a demand of the
City Manager, City Secretary, City Attorney or the City Judge (or Judges) or
any member of staff, with the exception of times of emergency lawfully
declared by the Mayor, during which time the Mayor may act independently
until a meeting of the Council, in quorum, can be called, shall be deemed to
have violated the Codes.
Violations
1. Violation of the Code of Ethics
a. Council members are expected to abide by the Codes at all times.
b. Any Council member not adhering to the Codes shall be in violation of said
Codes.
2. Violations of Provisions of the City Charter
a. Council members are expected to abide by the articles set forth in the City
Charter.
b. Any Council member who acts in violation of or in a manner inconsistent with the
provisions of the City Charter shall be deemed to have violated the Codes.
Page 5
Depending on the circumstances of alleged violations of law or policy, the'Council may
initiate an investigation of the allegations prior to the filing of a request for any of the
actions described in this policy.
Nothing in this policy shall preclude individual Council members from making public
statements regarding such alleged conduct.
In deciding whether or not to open an investigation (whether pursuant to these rules or
pursuant to Article IV, Section 4.10 of the City Charter), City Council should consider:
a. whether a Council investigation may compromise other investigations regarding
the same alleged actions, and, if the actions may result in criminal charges,
whether the right of the accused Council member to a fair jury trial may be
compromised by proceeding with an investigation;
b. if persons involved in the allegations may choose to exercise their constitutional
right against self - incrimination, which may limit the investigation's ability to
present a fall picture of alleged events; and
c. how to ensure the protection of rights of those accused of violations of law or
policy, those making such accusations, and those who have information regarding
the accusations.
At any point during any of the processes described in this policy, the Council may refer
the matter, as appropriate, to the Bexar, Comal or Guadalupe County District Attorney,
the Texas Elections Commission, or to another law enforcement agency, for
investigation. Following such a referral, the Council may proceed with any actions it
chooses to take under the provisions of the City Charter.
Reporting Violations
Any suspected violation or alleged violation by a Council member must be reported to the
Mayor. Any suspected violation or alleged violation by the Mayor shall be reported to the Mayor
Pro -Tem and the City Attorney. In the case of a City staff member making the report regarding a
Council member, the report shall be made to the City Manager, who will then report it to the
Mayor. Upon report, the City Manager and City Attorney will assist the Mayor (or the Mayor
Pro -Tem regarding a report concerning the Mayor) in following the procedures addressing
violations or alleged violations.
Page 6
12- 09 -1=1 Final
Procedure for Conducting Inquiries
The role of leading an inquiry of any Council member for any violation or alleged violation of
this policy lies with the Mayor, Mayor Pro -Tem, and, if approved by Council, an independent
attorney or investigator. If the Mayor is the subject of an inquiry, the Mayor Pro -Tem, or the
next ranking official by seniority and, if approved by Council, an independent attomey or
investigator will lead the inquiry. The City Attorney shall not conduct the investigation of any
Council member.
All Council members who are not the subject of an inquiry have a right to participate in the
inquiry process regarding violations or alleged violations and their subsequent enforcement.
Any member of the Council who is the subject of an inquiry shall have the ability to provide a
written statement responding to the findings of the inquiry.
Enforcement of Violations
The members of City Council have the obligation to govern themselves responsibly in the
enforcement of any violation of this policy. The objective for establishing rules of enforcement
pertaining to this policy is to provide fair, consistent, concise, and efficient guidelines for the use
of enforcement against violations of this policy. As a general matter, enforcement of this policy
may be progressive, but circumstances may indicate that strong actions be taken immediately.
Furthermore, Council is not bound to the enforcement guidelines of this policy, and should make
decisions on a case -by -case basis. City Council, as a collective body, may change the order of
the disciplinary steps listed below, or may choose not to use any step, depending on the
circumstances under review.
City Council members may take any appropriate disciplinary action including, but not limited to:
® Cautioning
o Cautioning is identified as a verbal reprimand due to a violation of the policy. The
cautioning is only a verbal reprimand and shall not be recorded.
o A cautioning shall only be administered in private by the Mayor with only one
(1) member of Council present. If the Mayor is receiving the cautioning, it shall
be administered in private by the Mayor Pro -Tem with only one (1) member of
Council present.
® Correction
o Correction is identified as a verbal reprimand due to multiple policy violations.
Page 7
CITY o�
0 8�
r
oeroua�v
12 -09 -14 Final
The correction of any Council member, including the Mayor, will not be
administered in writing and shall be conducted in accordance with the Open
Meetings Act.
o A quorum of Council plus one (1), including the corrected Council member, shall
be present during the correction of another Council member.
o The City Attorney shall be notified of the correction before the correction is
administered and the City Attorney shall be present during the administration of
the correction.
® Censure
• The act of placing a Council member under censure is an official and public
reprimand of a City Council member by the body of the City Council for multiple
and /or serious infractions against the City Council Code of Ethics. Therefore,
City Council Members who are placed under censure are considered to be `not in
good standing' with the body of the Council.
• The censure of any Council member, including the Mayor, shall be administered
in writing.
• Censure may last up to sixty (60) days or as appropriately defined by City Council
on a case by case basis.
• At the end of the censure period, the censure has expired and shall not be
extended.
• A Council member placed under censure may return to a good standing status
once their censure period has ended.
• The body of the City Council may determine to end the censure period of a
Council member prior to the conclusion of said period at their discretion.
• All censure hearings shall be conducted in accordance with the Open Meetings
Act.
• Because censures are administered in writing, a censure must be publicly voted on
in open session of City Council. The censure of any Council member must be
passed by a 2/3 supermajority vote.
Page 8
CITY 0p
o^` O
12 -09 -14 Final
The following Members of Council have received and agreed to place their
signatures on this adopted document this 20"' Day of January 2015.
4-M Carpenter, :Mayor
�'
im Fowler, City Council Place 1
4edriftdwards,. City Council Place 4
Page 9
Daryl John ayor -Pro- m,
City Council Place 3
— 4 Z, , __;_ 7�
Grumpy Azzoz, City Council Place 2
Robin Thompson, City Council Place
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: January 12, 2015 .
Department:
Subject:
City Secretary
Minutes
The City Council held a Regular Meeting on January 5, 2016.
WLTG • �On
None
RECOMMENDATION
Staff recommends Council approve the minutes of the Regular meeting of January 5, 2016.
Minutes — Regular meeting of January 5, 2016.
MINUTES
REGULAR MEETING
January 5, 2016
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 5,
2016, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to -wit:
Mayor Michael Carpenter
Councilmember Grumpy Azzoz
Councilmember Cedric Edwards
Staff Present:
Executive Director Brian James
Executive Director Bob Cantu
City Secretary Brenda Dennis
Cali to Order — City Council Regular Session
Mayor Pro -Tem Fow
Councilmember Dar)
Councilmember Rte
City M,
Executi
City At
Mayor Carpenter called the meeting to order at 6:01 p.m.
(Mr. Ken Ratcliff, Schertz Church of Christ)
Mr. Ratcliff provided the opening prayer to
United States and the State of Texas.
Wait
f allegiance to the flags of the
V Events and Announcements
• Announcements of up o" ming City Events (B. James /D. Wait /B. Cantu)
Director Brian James who provided the following
ts:
Burial Services for Johnny Bierschwale's Mother:
Constance "Connie" Marlene Sanders, age 83, passed away Friday, January 1, 2016 in her
home surrounded by her children and grandchildren.
The family will receive friends on Thursday, January 7, 2016 at 5:00 P.M. — 9:00 p.m. with
a Rosary beginning at 7:30 p.m. at Schertz Funeral Home.
There will be a Funeral Mass held on Friday, January 8, 2016 at 10:00 A.M. at St. Peter
Prince of the Apostles Catholic Church, 111 Barilla Place, San Antonio, TX 78209.
Interment will follow the service at San Jose Burial Park, 8235 Mission Road, San Antonio,
TX 78214.
01 -05 -2016 Minutes Page - 1 -
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated that recently David Taylor
was promoted from Kennel Tech to Animal Services Officer and since that promotion David
has already made an impact to the department. Mr. Kessel stated that he had received an
email regarding David's professionalism and service that he had provided to a resident
recently. So if you see Mr. Taylor give him kudos and say thank you for the good work that he
is doing for our community.
Mayor Carpenter stated that on Christmas Eve Mr. Henry Gutierrez, (owner of Bexar Waste)
was taken from us. He asked everyone to join him in standing for a moment of silence in Mr.
Gutierrez's memory.
Presentation
Mayor Pro- Tem Fowler arrived at 6:08 p.m.
Mayor Carpenter reco
Hearing of Residents
This time is set a
out the sneaker's
All rem arks
Any person
may be regi
any
be address
the
Jim Wolverton who was in the audience this evening.
who wishes ;�to address the City Council. Each person should fill
' e meeting. Presentations should be limited to no more than 3
the Council as a body, and not to any individual member thereof.
pertinent, or slanderous remarks while addressing the Council
ting.
Discussion by the Coun it 6f any item not on the agenda shall be limited to statements of specific
factual information given'in response to any inquiry, a recitation of existing policy in response to an
inquiry, and /or a proposal to place the item on a future agenda. The presiding officer, during the
Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in
the order they have registered.
Mayor Carpenter recognized the following who spoke:
• Mrs. Sandi Wheeler, 1508 Red Oak Cove, who provided information on pros and cons of
the recent Trap - Neuter- Release program, requesting that the City take another look at this.
01 -05 -2016 Minutes Page - 2 -
Ms. Wheeler provided each Councilmember a copy of the Pros and Cons regarding the
Trap-Neuter-Release Program.
• Mr. Gordon Green, 1508 Red Oak Cove, who also spoke regarding the Trap-Neuter-
Release program.
• Mrs. Jessica Crawford, 370 Pecan Meadows, who came forward stating that she is running
for the District Judge, 2" d 25 th Judicial District seat, currently held by W. C. "Bud"
Kirkendall, who announced earlier that he would be stepping down from the bench. Mrs.
Crawford provided a brief bio of her qualifications for the position,
Consent Agenda Items
The Consent Agenda is considered self-explanatory and
motion. There will be no separate discussion of these
Consent Agenda upon the request of the Mayor or a Coo
I Minutes - Consideration and/or action regai
Meeting of December 15, 2015. (J. Kessel/B.
2. Ordinance No. 15-S-43 - ZC2015-0,07 — Consideration ai
to rezone property located at 17160,1111;35, currently zor
and property located at 5317 Cabana currently zoned
District to General Business District. Fih al R eading, fB. R
The following
1101/\6[411
er.
icted,by,the Council with one
ss thev are'; ,removed from the
of the minutes: of the Regular
action approving an Ordinance
leiRhborhood Services District
iu,fdctured Home Subdivision
L. Wood)
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE �,�,�,,OFFICIAL ZONING MAP BY REZONING AN
APPROXIMATELY 0.5086 ,ACRE TRACT OF LAND FROM NEIGHBORHOOD
SERVICES DISTRICT (N S ) AND MANUFACTURED HOME SUBDIVISION
DISTRICT (MHS)'TO, GENERAL BUSINESS DISTRICT (GB).
Mayor", "Carpenter recoanized Councilmember Edwards who moved, seconded by
Councilmemb"er Thompson to approve consent agenda items I and 2. The vote was
unanimous with Mavor Pro-Tem Fowler, Councilmembers Azzoz, John, Edwards and
Thompson voting for and no one voting no. Motion passed.
Discussion and Action items
3. Ordinance No. 15-S-44 - SUP2015-002 — Consideration and/or action approving an
Ordinance for a Specific Use Permit to allow a Convenience Store with Gas Pumps at 853 FM
3009. Final Reading (B. James/L. Wood)
The following was read into record:
ORDINANCE NO. 15-S-44
01-05-2016 Minutes Page - 3 -
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
ZONING 853 FM 3009, SCHERTZ, GUADALUPE COUNTY, TEXAS TO ALLOW A
SPECIFIC USE PERMIT FOR OPERATION OF A CONVENIENCE STORE WITH
GAS PUMPS
Mayor Carpenter recognized Senior Planner Lesa Wood who stated that this item was taken
off the consent agenda and put on the discussion and action items because staff made one
change to the ordinance based on a recommendation from our City Attorney. Nothing about
the ordinance and development has changed; the site hasn't ' changed. We took the
development on the property which was in section one with the actual zoning of the property
and put it in section two that would allow staff to make some minor changes. For instance if
the sidewalk is adjusted and it is not exactly what is on the site pn, it would allow staff the
ability to do that and that is the only change.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Edwards to approve Ordinanc "No. 15 -S44 on final reading: The vote was
unanimous with Mayor Pro -Tem Fowler, Councilmemers Azzoz, John, Edwards and
Thompson voting for and no one voting no. Motion passed.
Roll Call Vote Confirmation
Mayor Carpenter recognized City
agenda items 1 through 3.
Ann
G�
who b rovided the roll call votes for
Mayor Carpenter recognized Councilmember Edwards who requested the City Attorney draft
a document to add to their Code of Ethics regarding public media address. Mayor Carpenter
restated and asked that for our next available meeting we have an agenda item generally for
discussion and potential action with regards to our Rules of Conduct and Procedure and our
Code of Ethics. Mayor Carpenter stated that this would give the Council the ability to discuss
other items and not just this single item.
01 -05 -2016 Minutes Page - 4 -
Mayor Carpenter recognized Councilmember John who stated he has two (2) requests related
to promoting Economic Development in Schertz. The 1st item is to take a look at our tree
mitigation ordinance to ease the financial burdens on sellers and purchasers of property, and
the 2nd item is he would like for staff to take a look at crafting an ordinance that would
address the issues of extending responsibilities of inspections to the engineer of record for
professionally engineered projects. Councilmember John stated that he had already spoken to
Mr. James regarding these two requests and he had indicated that this could be accomplished
and brought to Council in three weeks. Mayor Carpenter recognized Executive Director Brian
James who stated that these could be brought to Council on January 26, 2016.
6. Announcements by Mayor and Councilmembers
• City and community events attended and to be
• City Council Committee and Liaison Assignm
• Continuing education events attended and to
• Recognition of actions by City employees,
• Recognition of actions by community volunte(
• Upcoming City Council agenda items
Mayor Carpenter recognized Mayor Pro -Tem Fowl(
through the holidays. Mayor Pro -'fern Fowler also
the support given the Gutierrez Family riding the
assignents below)
ed he is glad everyone made it
he was very impressed with all
dwads who stated that he had received an
in the Martin Luther King Day parade that they
the holiday. He stated that he would not be
the offer to anyone interested in participating.
provide Events Coordinator Mary Spence's
gone was interested. He also wished everyone
Mayor Carpenter shared with the individuals here this evening the comments from the
Qatierrez Family in T gard to the outpouring of support and the presence that the family has
been =able to observe ewer the last few weeks. Almost to a person, every family member said
the City of Schertz had treated them very well and taken very good care of them during this
time. Miiyor Carpenter stated that he wanted to share this information with everyone as it was
touching to him that they felt that way about us and I know we felt that way about Henry. It's
a great complient to' who we are as a city to have family over and over again express that.
Mayor Carpenter thanked everyone who has been involved in support of the Gutierrez Family.
Executive Session
7. City Council will meet in closed session under section 551.074 of the Texas Government
Code, Personnel Matters, to deliberate the evaluation, duties or discipline of a City Council
Member.
Mayor Carpenter read the above caption and recognized Councilmember Azzoz who stated
that if this particular item had to do with him that he would request that this be held in the
01 -05 -2016 Minutes Page - 5 -
public. Mayor Carpenter stated that it was absolutely his right and requested a five (5) minute
recess and at the bottom of the hour they will convene not in executive session but here in
open session.
Mayor Carpenter recessed the meeting at 6:25 p.m.
Mayor Carpenter reconvened the meeting at 6:35 p.m. and moved back to agenda item 7.
Reconvene into Regular Session
Mayor Carpenter stated he will limit debate to 24 minutes, each councilmember having four
minutes for their conversation and comments. He offered to, be the timekeeper. He asked that
everyone follow the rules of procedure and not interrupt another speaker who has the floor.
Mayor Carpenter recognized Mayor Pro -Tem F(
the item, he feels this discussion should be ab(
place that we can use as `lessons learned' for 4,11
the First Amendment rights and maybe there are
and what happens when you become an elected
could be very beneficial to us and help us undersi
Mayor Carpenter recognized Councilmember Edwards who stated we are in a position to relay
public trust to our staff and among ourselves; This should be aridled with great care. What
are some lessons we have learned and how do' eve, o forward? He asked if this is the first time
in Schertz history that they have had an `open' executive session. Mayor Carpenter stated he
did not know the aas er to that. As they learned in their recent team retreat, it is all about
trust.
Mayor,Carpenter recognized Councilmember Thompson who stated when homicides occur in
the city, ``there has been =a pattern handed down that the City Manager e -mails a message
stating that:ho comment should be made about the specific case and all comments should be
directed towards the City. In the case of Mr. Gutierrez, City Manager John Kessel indicated
he would be receiving a phone call from Executive Director Dudley Wait, which did occur.
Mr. Wait stressed that we as council should not comment on the specifics of the case. He
presumes that Councilmember Azzoz received those same instructions. When a councilman
violates the trust given to him by the City and then speaks publicly so that others in the city
hear his comments on the case, there are enough people in the City who are familiar with our
Code of Conduct, that he received questions from individuals, `Why, what happened ?' This is
a tragedy that he hopes we don't see again. He believes Councilmember Azzoz did cross the
line, but does not believe he did so deliberately. As a councilman who is responsible to the
citizens, city management and staff, he believes there are some consequences that should
entail.
01 -05 -2016 Minutes Page - 6 -
Mayor Carpenter recognized Councilmember Azzoz who stated that Councilmember.
Thompson had it all wrong. He did not know what e -mails he was talking about. You crossed
the line by saying those words. Councilmember Azzoz stated he got the call (from Dudley
Wait) and he was in shock. Councilmember Azzoz stated he did not know of any e -mails from
Mr. Kessel where he instructed everyone. The media sought him out, he did not seek them
out. It is his duty and the only thing he repeated was whatever media and some of our law
enforcement people had already stated. He did not release any names and he does have his
right of freedom of speech —he did not cross the line. He did not jeopardize any investigation
if there was any and he does not understand where this is coming from. He stated, as you
heard earlier, Councilmember Edwards wanted to put in another ordinance. Councilmember
Thompson got it all wrong. Everything he said has no facts. If lie is comparing me to him and
me crossing the line, that is all wrong.
Councilmember Azzoz stated that the City of Schertz is, his priority when he walks through
these doors. He will do the best job he can; he has no special agenda, no motive. He doesn't
know what motive his colleagues have, but he did not cross the line. He expects him
(Councilmember Thompson) to apologize to y6u all because he compared "what I received to
what he received. Councilmember Azzoz stated lie helps anyone who comes ti him and asks
for help. When he got elected he was attacked by ",the Chamber of Commerce, and it was
motivated. He had ethic complaints filed against him and was called names on the dais, by the
mayor and by city councilmembers, but he never crossedahe line. He has never done what has
been done to him. This has all got to stogy.
Councilmember Azzoz stated he went to the Gutierrez family and cared about them. What he
said was the true facts; there was no classified or unclassified 'information. There is nothing in
here (Code of Conduct) -maybe the city attorney can explain it, what it means.
There is a lot that went on'that disturbs him and his family and friends that went on in the
past, where they should have,been sanctioned --- removed from office —and none was taken.
Mayor Carpenter stated thatCou eilmember Azzoz' time to speak had expired.
Mayor Carpenter ` recognized Councilmember Edwards who explained to Councilmember
Azzoz that he was not asking, for another ordinance, just that something be done with our
Code of Conduct or ouf Rules of Policy and Procedure for our Council. His reason for asking
for this, is that we have no way 'of covering anything that addresses this particular issue and
keepin 'it�from happening again. As Mayor Pro -Tem Fowler stated, it is a learning curve. He
wanted to state that heis not singling Councilmember Azzoz out. In going forward, this is a
learning opportunity.
Mayor Carpenter recognized Mayor Pro -Tem Fowler who stated in light of saying we are
looking for lessons learned, he would like to ask the Police Chief if he can respond to what
was said by Councilmember Azzoz on the media video —were the comments correct or not?
Mayor Carpenter stated they would not have staff address any questions now but will direct
any questions Council has to City Manager John Kessel to answer.
City Manager John Kessel stated to Mayor Pro -Tem Fowler that in his conversations with the
Police Chief, there was some information presented that was not accurate. He does not know
the nature of that information nor the degree. He also asked was there anything compromised
in the case due to that and the answer was no.
01 -05 -2016 Minutes Page - 7 -
Mayor :Pro -Tern Fowler again stated that he thinks the lesson learned may be that even though
some things may seem right, they may not be entirely true. Therefore we need to rely upon a
source we can use before we go before the public with any information. This is a good
reminder for us that we need to always check our sources. Mayor Carpenter stated Mayor Pro-
Tern Fowler's speaking time was expired.
Mayor Carpenter stated he was going to make a few comments. The first one is that
Councilmember Azzoz is correct. We all have a first amendment right to say anything we
want to say. This means the rest of the Council also has an amendtent right to say what they
want to say. This Council can also speak as a body with their First amendment right. He agrees
with Councilmember Azzoz that he committed no breach of our code of ethics; no breach of
any rule or rule of procedure that we have, and that only, he was asked not to talk about an
ongoing investigation in the public or with the press and he chose to dd so anyway.
Mayor Carpenter stated he had talked with Councllmel
spoke to the media. Councilmember Azzoz said he wol
Mayor said you should absolutely do so and tali about y(
relationship with the City, etc. He did ask that if tie 11
investigation to simply say we do not say anything t
conversation continued, Mayor Carpenter said he repe
Azzoz not to discuss the ongoing investigation and in the
The other pr
need to be t
office that is
the. Police D
in "4 man.
information
should or 's
�r Azzoz on the phone before he
like to give an interview and the
feelings for Mr. Gutierrez and his
is asked any questions about the
t ongoing investigations. As the
I his request to Councilmember
l he chose to do so anyway.
ht Mayor Carpenter thinks it was not the correct
u � -hy , staff br the Police Department to Council,
s confidential and that is a trust relationship that
will make them (staff) rethink whether they can
cide what future information they can share or
inciple problem is we have a Police Department that is conducting a case and they
he pines that manage the release of information. We also have a public information
qualified: to work wvith the police department to release information. He believes
epartmeht is singularly capable and positioned to decide what should be released,
ner, to whom and atwhat time, to aide in their investigation. None of us have that
and therefore he thinks none of us have the ability to decide when those things
ould not be released to the press. This is why we are having this discussion now.
Mayor Carpenter stated he does not think there is anything we can do within our Code of
Conduct or Rule` of Procedure to limit anyone from their freedom of speech. This is a trust
issue we have to decide, each one of us for ourselves, as to whether we are going to go along
with the requests of our departments or go out on our own. He encourages every member of
Council to, in the future, when asked by any department to not make any comment to the
press, to honor their request. If you feel you must speak to the press, then expect this Council
to talk about it. The Mayor thinks it is a breach of trust to release information when we were
asked not to do so by staff. Let our professionals do their jobs. The best thing we can do for
them is to support them and not interfere.
01 -05 -2016 Minutes Page - 8 -
7a. Take any necessary action based on discussions held in closed session under Agenda Item
number 7.
No action was taken as there was not an executive session.
Roil Call Vote Confirmation
No roll call as there was no action taken.
Adjournment
Mayor Carpenter adjourned the meeting at 6:56 p.m.
AT'
::
01 -05 -2016 Minutes Page - 9 -
Carpenter, Mayor
lei (I&& 411100 41iELVA11111 to] 7_1011111 /1
City Council Meeting: Januaryl2, 2016
Department:
Development Services
Agenda No. 2
Subject: Resolution No. 16 -R -01 — Consideration and /or
action approving a Resolution authorizing a letter to
be sent regarding the Adult Megaplex billboard in
Schertz. (B. James /B. James)
BACKGROUND:
At the request of City Council, a workshop discussion was held at the December 1.5, 2015 City Council
meeting regarding the Adult Megaplex billboard located generally at IH -35 and Schertz Parkway. As part
of that discussion, Council directed staff to draft a letter to the owner of the Adult Megaplex.
Staff has drafted a letter and prepared a resolution directing the Mayor to sign the letter and send it to the
Adult Megaplex.
FISCAL IMPACT
None
ATTACHMENTS
Resolution No. 16 -R -01
Draft Letter
Photo of Adult Megaplex Billboard
RESOLUTION NO. 16 -R -01
A RESOLUTION BY THE CITY COUNCIL DIRECTING THE MAYOR
OF SCHERTZ TO SIGN AND SEND A LETTER TO THE ADULT
MEGPLEX.
WHEREAS the Adult Megaplex has a billboard in the City of Schertz, advertising their
business which is not located in Schertz, and
WHEREAS a workshop discussion was held to discuss this billboard on December 1.5,
2015, and
WHEREAS, during that workshop Council indicated receiving complaints from residents
about the billboard, and
WHEREAS Council feels it appropriate to send a letter to the owner of the Adult
Megaplex,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council directs the Mayor to sign the letter attached as Exhibit A
and send it to the owner of the Adult Megaplex.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
-1-
PASSED AND ADOPTED, this 12th day of January, 2016.
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
CITY OF SCHERTZ, TEXAS
Mayor, Michael R. Carpenter
-2-
Exhibit "A"
Draft Letter
-3-
January 5, 2016
Attn: Owner, Adult Megaplex
9405 N. Interstate 35
San Antonio, TX 78233
To Whom It May Concern:
You have chosen to advertise for your business, the Adult Megaplex, on a billboard located in the City of Schertz,
generally at the corner of IH -35 and Schertz Parkway. Your business is not located in the City of Schertz, but rather
in the City of San Antonio at IH -35 and Thousand Oaks. This letter is to inform you that the City Council has
received a complaint about the billboard. That being stated, we respect your right to avail yourself to the freedoms
protected by the Constitution of the United States, including the freedom of speech.
Sincerely,
Members of the City Council of the City of Schertz
1400 Schertz Parkway Schertz, Texas 75154
Page 1 of 1