Ordinance 15-M-42 Amended Council Rules of Conduct & Procedures regarding Council AbsencesORDINANCE NO. 15 -M -42
AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING
AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE;
PROVIDING FOR THE TREATMENT OF ABSENCES; 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
absences by Council Members from a, meeting; 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 absences.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF S CHERTZ, TEXAS:
Section 1. That the City Council Rules of Conduct and Procedure are amended as
follows:
Article 2, Section 2.2 is amended to read as follows:
2.2 Attendance. Councilmembers shall attend all meetings of the Council. Absence
of a Councilmember from a meeting shall be managed in accordance with 2.2 B.
A. Quorum. Three members of the Council, not including the Mayor, shall
constitute a quorum. In the absence of the Mayor, the Mayor Pro Tern or
other presiding officer shall be counted for purpose of determining the
existence of a quorum. If a quorum is not present, those in attendance will be
named, and they may recess to a later time as permitted by State law or may
hear business before them, taking no official action.
B. Absences. In the event a Councilmember is unable to attend a meeting of the
Council, the Councilmember shall notify either the Mayor or the City
Secretary as soon as they become aware that they will be unable to attend.
Notification may be accomplished via e -mail or telephone and must include
the reason for the absence. The City Secretary shall annotate the
Councilmember's absence and the reason therefore in the minutes of the
meeting from which the Councilmember is absent. Council approval of the
subject minutes shall ratify the absence and the reason given therefore and
thus excuse the absence. If a Councilmember raises an objection to the
absence or the reason given therefore at the time the minutes are to be
approved, the matter may be place on a future agenda for debate, discussion
and further consideration.
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 fmdings 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 8t' day of December, 2015.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 15t' day of
December, 2015.
Mayor, Michael . Carpenter
ATTEST:
i
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.
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TABLE OF CONTENTS
Page
ARTICLE 1.
AUTHORITY
1.1 City Charter ......................................................................................... ............................... l
1.2 Effective Date; Amendment ................................................................ ..............................1
ARTICLE 2.
GENERAL RULES
2.1 Meetings to be Public .......................................................................... ............................... 1
2.3
Minutes of Meetings ........................................................................... ............................... 1
2.4
Questions to Contain One Subject ...................................................... ............................... 2
2.5
Right to the Floor ................................................................................ ............................... 2
2.6
City Manager ...................................................................................... ............................... 2
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
3.3 Recessed Meetings .............................................................................. ............................... 3
3.4 Adjourned Meetings ............................................................................ ............................... 3
3.5 Executive Sessions .............................................................................. ............................... 3
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 Tem ................................ ............................... 4
5.2 Appointment Procedure for a Councilmember .............................. ............................... 4 &5
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TABLE OF CONTENTS
(continued)
Page
ARTICLE 6.
ORDER OF BUSINESS
6.1 Agenda ........................................................................................... ............................... 5 &6
6.2 Communication to Mayor and Council ............................................... ............................... 6
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 ................................................................... ............................... 7
7.4
Funding ............................................................................................... ............................... 7
7.5
Reading of Caption Only .................................................................... ............................... 7
7.6
Ordinances -Two Readings; Emergencies ........................................ ............................... 7
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
9.8
ARTICLE 8
............................... 10
RULES OF DECORUM
8.1 Recognition by presiding officer ........................................................ ............................... 7
8.2 Order .....................................................................................:............. ............................... 7
8.3 Presiding Officer ............................................................................ ............................... 7 &8
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
9.4
Point of Privilege ................................................................................
............................... 9
9.5
Point of Procedure or Order ................................................................
............................... 9
9.6
To Appeal a Ruling ......................................................................
............................... 9 &10
9.7
To Recess ..........................................................................................
............................... 10
9.8
To Withdraw .....................................................................................
............................... 10
9.9
To Postpone or Extend ......................................................................
............................... 10
9.10
To Refer ............................................................................................
............................... 10
9.11
To Amend .....................................................................................
............................10& 11
9.12
To Limit or Close Debate or "Call the Question" .............................
............................... 11
9.13
To Count the Vote .............................................................................
............................... 11
9.14
To Take Action or Reconsider an Action; Main Motions
................ ............................... 11
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TABLE OF CONTENTS
(continued)
Page
9.15 To take action or Rescind motion ..................................................... ............................... 11
9.16 To Take Action; Main Motions ................................................. ............................... 11 &12
9.17 Effect of Abstentions .................................................. .............................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 Adjournment .............................................................................. ............................... 12&13
ARTICLE 11.
CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS
11.1
Standing Committees ........................................................................ ...............................
13
11.2
Special Committees .......................................................................... ...............................
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&14
12.5
Written Communications .................................................................. ...............................
14
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 &15
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
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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 Attendance. Councilmembers shall attend all meetings of the Council. Absence of a
Councilmember from a meeting shall be managed in accordance with 2.2 B.
A. 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.
B. Absences. In the event a Councilmember is unable to attend a meeting of the
Council, the Councilmember shall notify either the Mayor or the City Secretary as
soon as they become aware that they will be unable to attend. Notification may be
accomplished via e -mail or telephone and must include the reason for the absence.
Council approval of the subject minutes shall ratify the absence and the reason given
therefore and thus excuse the absence. If a Councilmember raises an objection to the
absence or the reason given therefore at the time the minutes are to be approved, the
matter may be place on a future agenda for debate, discussion and further
consideration.
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.
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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.
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 II, Section 2 -2. The Council may also hold regularly
scheduled meetings which may be designated by the Council as "workshop" sessions.
3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or
any three (3) members of the Council. The call for a special meeting shall be filed with
the City Secretary in written form, except that announcement of a special meeting during
any regular meeting at which all members are present shall be sufficient notice of such
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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.
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 Mayor. In the event the Mayor must relinquish the chair, the Mayor shall
call upon the Mayor Pro -Tem to preside if the Mayor Pro -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.
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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.
(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.
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(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.
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
12 -8 -2015 Revised
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
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.
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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 f�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
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 -Tem or such other member of the
Council who is serving as the presiding officer may participate in debate, subject only to
such limitations of debate as are the rights and privileges of a Councilmember by reason
12 -8 -2015 Revised 7
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.
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.
Affirmative
May Resolved Vote by 3
Interrupt Second by Chair Council- 2/3
Motion Speaker Required Debatable Amendable No Vote members Vote
A. Meeting Conduct Motions
1. point of privilege yes no no no yes no no
Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order,
ABA Publishing, 2nd Edition.
12 -8 -2015 Revised 8
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
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
#` Mandatory if seconded; no vote required
12 -8 -2015 Revised 9
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.
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.
12 -8 -2015 Revised 10
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.
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
12 -8 -2015 Revised 11
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.
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 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.
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
12 -8 -2015 Revised 12
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
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 -8 -2015 Revised 13
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
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.
12 -8 -2015 Revised 14
(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.
(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 Ci . 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.
12 -8 -2015 Revised 15
Amended: December 8, 2015
12 -8 -2015 Revised 16