10-28-2014 Agenda with backup (2)REGULAR SESSION CITY COUNCIL
October 28, 2014, 6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
10-28-2014 Council Agenda
City of Schertz Core Values
Do the right thing
Do the best you can
Treat others the way you would want to be treated
Work together cooperatively as a team
AGENDA
TUESDAY, OCTOBER 28, 2014 AT 6:00 P.M.
Call to Order – City Council Regular Session
Invocation and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Mr. Ken Ratcliff, Schertz Church of Christ)
City Events and Announcements
Announcements of upcoming City Events (J. Bierschwale/B. James)
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.
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 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.
Discussion and Action Items
1. Minutes – Approve the minutes of the regular meeting of October 21, 2014. (J.
Kessel/B. Dennis)
10-28-2014 City Council Agenda Page - 2 -
2. Cancellation of the November 4, 2014 City Council Meeting and holding a
Special meeting on November 12, 2014 – Consideration and/or action cancelling the
November 4, 2014 City Council meeting, and holding a Special Meeting on
November 12, 2014. (J. Kessel/Mayor/Council)
3. Ordinance No. 14-M-46– Consideration and/or action approving an Ordinance
authorizing and amending the City Council Rules of Conduct and Procedure; repealing
all Ordinances or parts of ordinances in conflict with the Ordinance. First Reading
(Mayor/Council)
Roll Call Vote Confirmation
Requests and Announcements
4. Announcements by City Manager
Citizen Kudos
Recognition of City employee actions
New Departmental initiatives
5. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
6. 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
Adjournment
CERTIFICATION
I, DONNA SCHMOEKEL, DEPUTY 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 24th DAY OF
OCTOBER 2014 AT 4:15 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.
Donna Schmoekel
Donna Schmoekel, Deputy City Secretary
10-28-2014 City Council Agenda Page - 3 -
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 _______________, 2014.
____________________________Title:__________________________
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped
parking spaces are available. If you 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.
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 551.144(c) and the meeting is conducted
by all participants in reliance on this opinion.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Carpenter
Audit Committee
Hal Baldwin Scholarship Committee
Interview Committee for Boards and Commissions
Investment Advisory Committee
TIRZ II Board
Mayor Pro-Tem John – Place 3
Lone Star Rail District
Councilmember Fowler – Place 1
Interview Committee for Boards and Commissions
Schertz Housing Board Liaison
Randolph Joint Land Use Study (JLUS) Executive
Committee
Councilmember Scagliola – Place 2
Animal Control Advisory Committee
Cibolo Valley Local Government Corporation
Schertz Seguin Local Government Corporation
Interview Committee for Boards and Commissions
Sweetheart Advisory Committee
Councilmember Edwards – Place 4
Audit Committee
Hal Baldwin Scholarship Committee
Councilmember Duke – Place 5
Audit Committee
Investment Advisory Committee
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: October 28, 2014
Department: City Secretary
Subject: Minutes
BACKGROUND
The City Council held a regular meeting on October 21, 2014.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the regular meeting on October 21, 2014.
ATTACHMENT
Minutes –regular meeting October 21, 2014
10-21-2014 Minutes Page - 1 -
MINUTES
REGULAR MEETING
October 21, 2014
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
October 21, 2014, 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 Mayor Pro-Tem Daryl John
Councilmember Jim Fowler Councilmember David Scagliola
Councilmember Cedric Edwards Councilmember Matthew Duke
Staff Present: City Manager John Kessel
Deputy City Manager John Bierschwale Executive Director Brian James
Chief of Staff Bob Cantu City Attorney Charles Zech
Deputy City Secretary Donna Schmoekel
Call to Order
Mayor Carpenter called the meeting to order at 6:00 p.m.
Invocation and Pledges of Allegiance to the Flags of the United States and the State of
Texas (Councilmember Scagliola)
Councilmember Scagliola provided the invocation followed by the Pledges of Allegiance to the
Flags of the United States and the State of Texas.
Employee Recognition
Recognition of newly hired employees from the Police Department, Engineering
Department and Development Services Department. (M. Bane/M. Sanchez/K. Woodlee)
Mayor Carpenter recognized Police Chief Michael Hansen who introduced the following
new employees providing a brief biography:
Officer Adam Samaniego
Officer Shawn O’Leary
Officer Kris McWhirt
Mayor Carpenter recognized Director of Development Services Michelle Sanchez who
introduced the following new employee providing a brief biography:
Chief Inspector Gilbert (Gil) Durant
Mayor Carpenter recognized City Engineer Kathy Woodlee who introduced the following
new employee providing a brief biography:
10-21-2014 Minutes Page - 2 -
Graduate Engineer Cecilia Palomo
Presentation
Proclamation recognizing Texas Chamber of Commerce Week. (Mayor/Council/M.
Titterington)
Mayor Carpenter recognized Ms. Maggie Titterington, Schertz Chamber of Commerce
President and read and presented her with a Proclamation recognizing Texas Chamber of
Commerce Week.
Guadalupe Regional Medical Center – Prescription Assistance Program update (J.
Bierschwale/J. Riggs)
Mayor Carpenter recognized Pharmacist Jerry Riggs, R. Ph, with the Guadalupe Regional
Medical Center who provided a brief report regarding the Prescription Assistance
Program. He stated the program provides assistance to indigent individuals and those
without any medical or prescription insurance. Monetary assistance is received from a
variety of sources and the City of Schertz contributes $5000 annually. There were 37
individuals from the Schertz area who received assistance from February 1, 2014 to July
31, 2014. He stated the retail dollar value of prescriptions provided to Schertz residents
was approximately $122,247. The number of prescriptions per Schertz patients per
month was 1.67, and the average prescription retail price (3 month supply) per Schertz
patient was $329.74. The average annual retail prescription benefit per Schertz patient
was $6,607.92. Mayor Carpenter and Council thanked Mr. Riggs for this great program.
Presentation and award from the National Automobile Dealers Charitable Foundation for
a Four-Pack of Little Anne CPR Training Manikins. (J. Bierschwale/D. Wait) (General
Managers from Gunn Chevrolet and Gunn Buick GMC will be present)
Mayor Carpenter recognized EMS Director Dudley Wait who introduced EMS
Community Health Manager, Kellie Scurlock who stated that by the end of October we
will have trained over 350 people how to properly provide CPR. Ms. Scurlock stated that
back in the summer, EMS was notified of a grant opportunity to obtain a set of CPR
manikins from National Automobile Association and as we saw the need for more CPR
manikins we pursued the grant. In order to apply, the Foundation required the grant
application to be sponsored by a local automotive dealer. EMS reached out to Tony
Rhodes at Gunn Automotive to see if they would be willing to sponsor our effort. Mr.
Rhodes immediately agreed to be our sponsoring entity. Tonight, we have Mr.
Charley O’Daniel the General Manager of Gunn Chevrolet and Mr. Phil Kandera, the
General Manager of Gunn Buick / GMC, who are here to present our CPR manikins.
Ms. Scurlock stated we are receiving a four-pack of Little Anne CPR manikins along
with supplies, kneeling pads, and a carrying case. This package has a retail value of
$850.
10-21-2014 Minutes Page - 3 -
City Events and Announcements
Announcements of upcoming City Events (J. Bierschwale/B. James)
Mayor Carpenter recognized Executive Director of Development Brian James who
provided the following announcements:
Early Voting continues through Friday, October 31st.
Thursday, October 23, Ebola Informational Meeting for Elected and Appointed
officials, Brooks City Base Emergency Operation Center, 9:00 a.m. to 11:00 a.m.
Thursday, October 30, Community Volunteer Banquet & Steve Simonson
Award, Schertz Civic Center-Bldg#5, 6:30 p.m.-9 p.m.
Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated that he and Mayor
Carpenter had received a two (2) page single-spaced email from a citizen
commending the professional efforts of Public Works Dispatcher/Clerk Tiffany
Danhof and the Public Works Department in general. The citizen stated she had
witnessed a truck almost run over some children and she determined it was because
there was not an adequate light in the area; the light was out. After speaking at length
with the citizen, Ms. Danhof advised the street crew and the light was replaced by
public works employees within a few days. The citizen was very grateful and wanted
to thank Tiffany for talking with her and getting her concern addressed in a timely
manner. Kuddos to Tiffany and the Public Works Department crew.
Hearing of Residents:
Mayor Carpenter recognized the following who spoke:
Mr. Carl Douglas, 2550 Woodland Village Place, who spoke on the need to have
the ‘Meet the Candidates’ night prior to the start of early voting so that the
candidates have ample opportunity for marketing themselves prior to anyone
casting their ballot. Also, for the past three years, we have been hosting a two
hour session for not just our Schertz candidates but also Cibolo’s candidates. This
takes time away for our candidates here in Schertz to interface with our residents.
Both Cibolo and Selma are hosting a ‘Meet the Candidates’ forum on their own
and Schertz candidates are not invited to either one of those events. Ms. Maggie
Titterington, Chamber President stated that she would get with Mr. Douglas later
to talk more on his concerns about this issue.
Ms. Phyllis Willman, 3544 Peach Tree Lane, who spoke regarding why it is
taking so long for the City to hire an urgently needed professional director for the
Schertz Area Senior Center. Many of the Seniors feel they are in limbo. She
stated the Seniors are concerned and hearing rumors. They feel they need to have
10-21-2014 Minutes Page - 4 -
a monthly financial report posted at the center that reflects what money they have
earned and from what activities it came from as well as a list of the expenditures.
Mr. T. Barret Lyne, 18075 FM 974, Bryan Texas, who spoke on SAWS and the
Vista Ridge Water Proposal. He spoke on the ‘water grab’ going on with SAWS,
Blue Water, Vista Ridge, and Abengoa. They claim they have 3,426 leases and it
is a fair representation of the landowners in Burleson, Milam, and Brazos County.
He was asked to run an analysis on this information which showed an abnormal
distribution. Only 5 percent of these leases are over 100 acres. He wanted to
provide us this information and so we can become familiar with it. He just wants
us to be informed of what is going on regarding Texas water concerns.
Mr. Robert Brockman, 1000 Elbel Road, who spoke regarding the new traffic
signals on FM 3009; they have not included any pedestrian crossing signals yet
and he was wondering why. Deputy City Manager John Bierschwale stated he
would check with TxDOT and see what they have to say about this. Mr.
Brockman stated that as long as he was speaking with TxDOT he might also ask
them whether the third stop light on vehicles is included as a state vehicle
inspection item. He has noticed when some cars stop the two tail stop lights come
on but not the third one located in the middle of the vehicle. Mr. Bierschwale
stated he would ask about this item as well.
Maggie Titterington, Schertz Chamber of Commerce President who provided
information on the upcoming Chamber activities. She wanted to clarify that the
‘Meet the Candidates’ forum being held this Thursday is indeed for both Schertz
and Cibolo candidates. She will be the moderator for the event. Answers by the
candidates to public questions will be limited by time so they can get through as
many questions as possible. She explained that the joining of Cibolo and Schertz
was a matter of manpower and expenses. The monthly October Chamber
luncheon was great today. They have a Memory Workshop next Thursday and
they have two spots left to fill of anyone is interested.
Consent Agenda Items
1. Minutes – Approve the minutes of the regular meeting of October 14, 2014. (J. Kessel/B.
Dennis)
2. Ordinance No. 14-T-44 – Consideration and/or action approving an Ordinance by the
City Council renewing the existing Economic Development Incentive Policy; providing
an effective date; and other matters in connection therewith. Final Reading (J. Kessel/C.
Sherman)
The following was read into record:
10-21-2014 Minutes Page - 5 -
ORDINANCE NO. 14-T-44
AN ORDINANCE BY THE CITY COUNCIL RENEWING THE EXISTING
ECONOMIC DEVELOPMENT INCENTIVE POLICY; PROVIDING AN
EFFECTIVE DATE; AND OTHER MATTERS IN CONNECTION THEREWITH
3. Ordinance No. 14-T-45 – Consideration and/or action approving an Ordinance
authorizing a Budget Adjustment to the Schertz Economic Development Corporation
Fund to correct the approved budget. Final Reading (J. Kessel/J. Walters)
The following was read into record:
ORDINANCE NO. 14-T-45
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE SCHERTZ
ECONOMIC DEVELOPMENT CORPORATION FUND TO CORRECT THE
APPROVED BUDGET; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING
AN EFFECTIVE DATE
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by
Councilmember Edwards to approve the consent agenda items 1 through 3. The vote was
unanimous with Mayor Pro-Tem John, Councilmembers Fowler, Scagliola,
Edwards and Duke voting yes and no one voting no. Motion passed.
Discussion and Action Items
4. Resolution No. 14-R-88 – Consideration and/or action approving a Resolution adopting
the By-Laws of the City of Schertz Area Senior Center Advisory Board. (B. James/B.
James)
The following was read into record:
RESOLUTION NO. 14-R-88
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS ADOPTING THE BY-LAWS OF THE SCHERTZ AREA SENIOR
CENTER ADVISORY BOARD, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Executive Director of Development Services Brian James
who introduced this item stating that the City of Schertz took over Senior Center
operations earlier this year after years of being run by the Comal County Senior Citizens
Foundation. Since then, the seniors have formalized how they are organized by
developing bylaws for the Schertz Area Senior Center Advisory Board. They wanted to
get some acknowledgment from City Council that this is how they will operate and
10-21-2014 Minutes Page - 6 -
provide input into the senior center. Mr. Brockman was kind enough to review the bylaws
and pointed out a few inconsistencies in the language, such as, they used council in some
spots and advisory board, and board in other areas. Tonight, the recommendation from
staff is approval of the bylaw resolution with changes in areas where it references
advisory council to use advisory board just to be consistent. During the drafting of the
bylaws the issue of restricting eligibility for the board to seniors was discussed and
included, but it should be noted that the meetings are also open to non-seniors who have
in the past provided valuable input in assistance with the center. Mr. James provided an
update on the status of the Request for Proposals (RFQ) for an entity to operate the center
and options for the meal program that are being explored. He also indicated that we
would be happy to start producing financial reports and detailed information for the
members. With that said, staff recommends approval of the bylaws with the change of
language within it from the term ‘council’ to ‘board.’
Mayor Carpenter recognized Councilmember Duke who asked, ‘Of the five member
advisory board, what does it take for a vote, a majority?’ He did not see it written in the
document. Mr. James stated he also did not see it written there. He suggested they table
it and clean up this version and bring it back for council approval. However, Council
decided to just approve the resolution as it is today and recommend that the advisory
board meet as soon as they can and then make their modification to the language within.
Mayor Carpenter recognized Councilmember Scagliola who asked for a timeline of what
the next step was towards finding a new management entity for the center. Mr. James
said the bylaws were something the seniors wanted council to see so they would be aware
of how the seniors are going to provide input to the senior organization. They intend to
issue an RFQ to seek a management entity to run the activities. They will also run that
document by the advisory board to get their input. One of the things that is a part of that
proposal now is the meal program, which is a significant component. The assumption is
that whoever runs it will have to also provide meals. With the lead we now have from
CCSCT, we would like to first find out if this is a viable option for the meal program side
and try it for a few weeks to determine if it will work. If it does work, then we can
modify the RFQ to not include the meal program. This in turn will open ourselves up to
a wider array of organizations who can provide only the activity/operations side of our
needs. The benefit of this is that because of the funding source they wouldn’t require the
city to pay for it normally going forward. They take donations and if you are under a
certain age you would pay a nominal cost of either $4 or $5 for your meal. Assuming the
meeting goes well with the meal program, it will probably be about a month or six weeks
before we put out the RFQ. If the meals program does not go over well, it will probably
be about three weeks or so.
Mayor Carpenter reminded everyone we had kind of stretched the limits of the discussion
of approving the bylaws and are discussing the future of the senior center and we should
have that under a separate item on a future agenda so if we could keep our discussion to
just the bylaws and keep ourselves out of trouble with the open meeting act requirements.
10-21-2014 Minutes Page - 7 -
Councilmember Scagliola stated his intention was to determine where these bylaws fit in
the long range plans and this is a necessary item to take care of before we proceed.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Scagliola to approve Resolution No. 14-R-88. The vote was unanimous
with Mayor Pro-Tem John, Councilmembers Fowler, Scagliola, Edwards and Duke
voting yes and no one voting no. Motion passed.
Roll Call Vote Confirmation
Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes
of items 1 through 4.
Requests and Announcements
5. Announcements by City Manager
o Citizen Kudos
o Recognition of City employee actions
o New Departmental initiatives
No further announcements were made.
6. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor Carpenter recognized Councilmember Scagliola who stated he requested an
agenda item related to a plan to expedite some of the infrastructure improvements we had
planned for the streets and sidewalks in the city and he will get together with staff later to
explain it more specifically; no specific time frame, just at the convenience of staff.
Mayor Carpenter recognized Councilmember Duke who stated he had something similar,
yet different. He has been receiving some calls recently regarding some very large cracks
on the sidewalks on Schertz Parkway as you are going up the hill and he would like to
know what are we doing to maintain those sidewalks as there is such heavy usage of that
area. Mayor Carpenter added that this sounds like an opportunity to talk in general about
infrastructure and potential bond needs.
Mayor Carpenter recognized Councilmember Fowler who stated that maybe in the near
future, sometime after the November 4 election, he would like to have a discussion on the
water easements we have in some areas of the City of Schertz and the relationship
between those easements and private property; especially when some property owners
can prevent other people from getting to their property because it would be considered
trespassing on the other person’s property. How can one person prevent others from
reaching their own back yard? City Manager John Kessel suggested that the two of them
sit down and look at the specifics and then see if it is a unique situation or something we
need to bring back to council. Councilmember Fowler stated he thinks it needs to be
10-21-2014 Minutes Page - 8 -
done. Mr. Kessel stated it sounds like a specific property with specific facts that is
probably not applicable to all the other properties. Mr. Fowler stated that he thinks it
appears to be something that does need to be tweaked. They agreed to get together and
go over all the details.
7. Announcements by Mayor and Councilmembers
o City and community events attended and to be attended
o City Council Committee and Liaison Assignments (see assignments below)
o Continuing education events attended and to be attended
o Recognition of actions by City employees
o Recognition of actions by community volunteers
o Upcoming City Council agenda items
Mayor Carpenter recognized Councilmember Fowler who stated he attended the
following:
Tuesday, October 21, 2014, Schertz Chamber of Commerce Luncheon.
Mayor Carpenter recognized Councilmember Scagliola who stated he attended the
following:
Thursday, October 16, After Hours Mixer hosted by SurePoint Self Storage.
Monday, October 20, Wendy Swan Memorial Park Dedication; he thanked the
staff (parks and our maintenance people) for setting everything up.
Tuesday, October 21, Schertz Chamber of Commerce Luncheon.
Mayor Carpenter recognized Councilmember Edwards who thanked Councilmember
Scagliola for bringing up the Wendy Swan dedication. Mr. Edwards stated the staff had
done a really great job with the new design of the signs. We are now sandblasting and
etching the signs versus using the raised letters. This method will help keep down
vandalism and of course the rusting issues.
Adjournment
As there was no further business, the meeting was adjourned at 7:00 p.m.
__________________________________
Michael R. Carpenter, Mayor
ATTEST:
__________________________________
Donna Schmoekel, Deputy City Secretary
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: October 28, 2014
Department: Council
Subject: Cancellation of the November 4, 2014
City Council Meeting and consideration
regarding holding a Special Meeting on
Wednesday, November 12, 2014.
BACKGROUND
City Administration finds that as there are no items to be presented to Council for consideration
on November 4, 2014 that Council approve the cancellation of this meeting.
City Administration also finds that since the City Offices will be closed on Monday and
Tuesday, November 10, and 11, 2014, in observance of the Veterans Day Holiday that Council
hold a Special Meeting on Wednesday, November 12, 2014.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council cancel the November 4, 2014 City Council meeting and hold a
Special meeting on Wednesday, November 12, 2014.
Agenda No. 3
CITY COUNCIL MEMORANDUM
City Council Meeting: October 28, 2014
Department: Council
Subject: Ordinance No. 14-M-46 An
Ordinance authorizing and amending
the City Council Rules of Conduct
and Procedure: repealing all
ordinances or parts of ordinances in
conflict with this ordinance. (First
Reading)
BACKGROUND
At the September 23, 2014 Council meeting, Mayor Carpenter stated he wanted to have a
discussion regarding the Council Rules of Conduct and Procedure at an upcoming
meeting to discuss the possibility of revising the language for procedures of
reconsideration of a vote.
Mayor Carpenter expressed concern that the current rules may allow unlimited
reconsiderations of an item. In many communities, they allow a limited number of
reconsiderations. There are different ways to provide for this. One common way would
be to provide that a motion to reconsider must be made by a Councilmember who voted
with the prevailing side. Another way is to allow any Councilmember to make a
reconsideration but provide that only a limited number of reconsiderations may occur
(twice).
The first alternative is how Robert’s Rules of Order handles the motion. It also has the
advantage of limiting motions for reconsideration to those in the majority of the vote who
may have need to reconsider while limiting the ability of someone who was in the
minority position to reconsider motions.
The City does not strictly follow Robert’s Rules of Order as we have our own rules of
order to better meet the needs of a municipality. Often the difference is to allow a more
open process because we are here to be open and transparent to the public. The second
alternative has the advantage of allowing those in a minority position to bring forth a
reconsideration, yet still require a majority vote to allow that reconsideration to occur.
The number limits the abuse of a reconsideration by limiting the number of times that
such a reconsideration can be made.
City Staff worked with the City Attorney to review the City Council Rules of Conduct
and Procedures regarding the proposed language.
City Council Memorandum
Page 2
Goal
To clarify, update and amend the Council’s Rules of Conduct and Procedures related to
procedures for reconsideration of an action.
Community Benefit
To clearly establish procedures for reconsideration of an action.
Summary of Recommended Action
Staff recommends Council discuss the alternatives and select the preferred method to
address this concern. Staff prefers the second alternative. However, either alternative is
appropriate.
Staff recommends Council approve first reading of Ordinance No. 14-M-46 amending the
Council Rules of Conduct and Procedures by amending the following:
Section 9.3 is amended as follows:
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 (3
types). 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
Meeting Conduct Motions
point of privilege yes no no no yes no no
point of procedure or order yes no no no yes no no
to appeal a ruling no yes yes no no yes no
to recess no yes yes yes no yes no
Disposition Motions
to withdraw yes no no no yes no no
to postpone no yes yes yes no yes no
to refer no yes yes yes no yes no
to amend no yes yes yes no yes no
to limit or close debate or ”call
the question”
no yes yes yes no no yes
to extend debate no yes yes yes no yes no
City Council Memorandum
Page 3
to count the vote no yes no no No** no no
Main Motions
to reconsider yes yes if original
motion
was
debatable
no no yes no
to rescind no yes yes yes no no yes
to take action no yes yes yes no Yes*** no
Section 9.14 is hereby amended to read as follows:
Motion to Reconsider. Allows a main motion to be brought back before the City Council
for consideration. May be made only on the day the vote to be reconsidered was taken.
It must be made by a City Council member who voted with the prevailing side (or,
alternatively, by any Councilmember). 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. No motion may 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.
Section 9.15 is added to read as follows:
Motion to Rescind. The motion to rescind is a main motion without any privilege and
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.
Section 9.16 is added to read as follows
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
City Council Memorandum
Page 4
and amendable; and an affirmative vote of three (3) Councilmembers is required unless a
greater vote is prescribed by the Charter or State law.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council discuss the proposed changes and consider approval of first reading of
Ordinance No. 14-M-46
ATTACHMENTS
Ordinance No. 14-M-46
Redline showing changes from first reading
ORDINANCE NO. 14-M-46
AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING
AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE;
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 has determined that it is in the best interest of the City to
amend, update, and clarify the Rules of Conduct and Procedure as set forth on Exhibit A attached
hereto (the “Amended Rules of Conduct and Procedure”);
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:
Section 9.3 is amended as follows:
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 (3
types). 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
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
Section 9.14 is hereby amended to read as follows:
Motion to Reconsider. Allows a main motion to be brought back before the City Council
for consideration. May be made only on the day the vote to be reconsidered was taken.
It must be made by a City Council member who voted with the prevailing side (or,
alternatively, by any Councilmember). 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. No motion may 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.
Section 9.15 is added to read as follows:
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.
Section 9.16 is added to read as follows
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.
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 or the Amended and Restated Unified
Development Code authorized herein 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 28th day of October, 2014.
PASSED, APPROVED and ADOPTED ON SECOND READING, the ____ day of
______, 2014.
Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(Seal of City)
Exhibit A
Amended Rules of Conduct and Procedure
10-28-2014
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.
TABLE OF CONTENTS
Page
10-28-2014 i
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 Tem ............................................................... 3
5.2 Appointment Procedure for a Councilmember .................................................................. 4
TABLE OF CONTENTS
(continued)
Page
10-28-2014 ii
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
ARTICLE 8
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
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
TABLE OF CONTENTS
(continued)
Page
10-28-2014 iii
ARTICLE 10.
ENFORCEMENT OF DECORUM
10.1 Warning............................................................................................................................ 11
10.2 Removal ........................................................................................................................... 11
10.3 Resisting Removal ........................................................................................................... 11
10.4 Motions to Enforce .......................................................................................................... 11
10.5 Adjournment .................................................................................................................... 11
ARTICLE 11.
CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS
11.1 Standing Committees ....................................................................................................... 12
11.2 Special Committees ......................................................................................................... 12
ARTICLE 12.
CITIZENS’ RIGHTS
12.1 Addressing the Council .................................................................................................... 12
12.2 Manner of Addressing the Council – Time Limit ............................................................ 12
12.3 Personal and Slanderous Remarks ................................................................................... 12
12.4 Public Hearings ................................................................................................................ 12
12.5 Written Communications ................................................................................................. 13
12.6 Hearing of Residents ........................................................................................................ 13
ARTICLE 13.
COUNCIL AND STAFF RELATIONS
13.1 City Manager to Provide Information .............................................................................. 13
13.2 City Manager’s Responses to Requests ........................................................................... 13
13.3 Directions to City Manager .............................................................................................. 14
13.4 City Manager’s Duty to Inform ....................................................................................... 14
13.5 Customer Concerns .......................................................................................................... 14
13.6 City Manager/Council Relations ...................................................................................... 14
10-28-2014 1
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.
10-28-2014 2
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
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.
10-28-2014 3
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.
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.
10-28-2014 4
(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.
(j) Council reserves the right to alter this procedure at any time by resolution or rule.
10-28-2014 5
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
10-28-2014 6
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
10-28-2014 7
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
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.
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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.
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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
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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.
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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 on the day the vote to be reconsidered was taken.
It must be made by a City Council member who voted with the prevailing side. 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. No motion may 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.
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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
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
10-28-2014 13
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
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.
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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.
(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.
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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 City 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: January 8, 2013