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HomeMy WebLinkAboutCity Council Resolutions (R-11-3308)-01/06/2011RESOLUTION R-11-3308 A RESOLUTION AMENDING AND REPLACING RESOLUTION R-09-3183 ADOPTING RULES OF PROCEDURE RELATED TO SECTION VIII, MEMORIALS PURSUANT TO THE AUTHORITY GRANTED IN SECTION 3.09B OF THE CITY ~ CHARTER AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Charter of the City of Colleyville authorizes the City Council to determine its own rules and order of business; and WHEREAS, the City Council has been elected by the Public to represent all the citizens on their behalf; and WHEREAS, orderiy Council meetings providing reasonable Council and citizen input; foster good government and honor the democratic process; and 'WHEREAS, unlimited discussion and input can project a perspective inconsistent with the majority will and beyond the right of the minority regarding matters of ', public policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: SECTION I. FINDINGS 1.1 THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. PRIOR RESOLUTIONS 1.2 THAT by the passage of this Resolution, Resolution R-09-3183, is hereby amended in its entirety and as provided for herein. AUTHORITY 1.3 THAT Section 3.09B of the Charter of the City of Colleyville provides that "the Council shall determine its own rules and order of business... ". Further, Section 2.01 of such Charter provides that the "City Council shall have the powers, functions, rights, privileges and immunities of every name and nature, that are now or hereafter may be granted to a Home Rule City by the Constitution and State law, together with all implied Resolution R-11-3308 Page 2 of 2 powers necessary to carry into execution all such powers granted". In order to provide the framework for the execution of these powers and authority, the Rules of Procedure set forth in the attached Exhibit "A" are hereby adopted, which exhibit is incorporated herein by reference, and shall be in effect upon their adoption by the City Council and until such times as they are amended or new rules adopted in the manner provided for by these rules. SECTION II. RFPFAI 1 THAT this Resolution repeals previous Rules of Procedure and becomes effective after the meeting adopting Resolution R-11-3308. -ND IT IS SO RESOLVED. ~PPROVED BY A VOTE OF AYES, NAYS AND O ~BSTENTIONS, THIS THE DAY OF 2011. \T~EST: , ~~ CITY OF COLLEYVILLE ~~ /~ G-4-~ ~ynthia Singleton, TRMC, CMC David Kelly ;ity Secretary Mayor Exhibit "A" CITY OF COLLEYVILLE CITY COUNCIL RULES OF PROCEDURES SECTION I. AUTHORITY 1.1 Section 3.09B of the Charter of the City of Colleyville provides that "the Council shall determine its own rules and order of business...". Further, Section 2.01 of the Charter provides that the City Council shall have the powers, functions, rights, privileges and immunities of every name and nature, that are now or hereafter, may be granted to a Home Rule City by the Constitution and State law, together with all implied powers necessary to carry into execution all such powers granted". In order to provide the framework for the execution of these powers and authority, the following set of rules shall be in effect upon their adoption by the City Council and until such times as they are amended or new rules adopted in the manner provided for by these rules. SECTION II. GENERAL RULES 2.1 Meetinqs to be Public. All meetings of the City Council shall be open to the public, with the exception of Executive Session. 2.2 City Council. For purposes of these rules, the collective membership of the Mayor and City Councilmembers shall be known as the City Council. Individually, each shall be referred to as Mayor or Councilmember. 2.3 Quorum. Four (4) voting members of the City Council shall constitute a quorum. 2.4 Minutes of Meetings. An account of all proceedings of the City Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the City Council. The Official City Council Minutes are action minutes and provide the action taken by the City Council and a summary of subjects discussed. 2.5 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more points are involved, any Councilmember may require a division, if the question reasonably admits of a division. Division shall be required only on the affirmative vote of three (3) Councilmembers. If no division is so requested and approved, or the questions do not reasonably admit of a division, the question shall be submitted as originally framed. City Council Rules of Procedures Page 2 of 11 2.6 City Manaqer. The City Manager shall attend all City Council meetings unless expressly excused. The City Manager may make recommendations to the City Council and take part in all discussions of the City Council, but shali have no vote. 2.7 City Attorney. The City Attorney shall attend all regular meetings of the City Council unless expressly excused and, shall upon request give an opinion, either written or oral, on questions of law during the meeting. The City Attorney shall act as the City Council's Parliamentarian. The City Attorney shall give an opinion, either written or oral, on questions of law to the City Manager or designated representative, during the course of daily affairs of the City. The City Attorney may make recommendations to the City Council and take part in all discussions of the City Council, but shall have no vote. The City Attorney shall confer and discuss with a Councilmember or the Mayor regarding a question of law pertaining to the affairs of the City. In such event, the City Attorney shall advise the City Manager of the question posed and information provided. The City Manager shall forward the information to the full City Council as soon as reasonably practical. 2.8 City Secretary. The City Secretary shall attend all meetings of the City Council unless expressly excused, and shall keep the official minutes and perForm such other duties as may be requested by the City Council. 2.9 Employees. Any employee of the City, when requested by the City Manager, shall attend any meeting of the City Council and, if requested to do so by the City Manager, such employee may present information relating to matters before the City Council. The City Manager will determine the staff spokesperson for providing information, for a particular agenda item, at the City Council meeting. 2.10 Suspension of Rules. Any provisions of these rules not governed by State law, the City Charter, or City Code may be temporarily suspended by a majority vote of all Councilmembers present and eligible to vote. 2.11 Executive Session. All matters discussed in Executive Session, as authorized by the Texas Open Meetings Act, may be deemed confidential and by law, participants authorized to attend Executive Sessions are not required to make public disclosure concerning the matters discussed in Executive Session. It shall be the policy of the City Council, that the Mayor, individual Councilmembers, the City Manager, City Attorney, City Secretary and others who are authorized to attend Executive Sessions shall not make selective disclosure of confidential matters, where the disclosure of the information has not been released to the general public and/or where such disclosure provides an unfair advantage to the recipient or would be detrimental to the City and its citizens. For the opening and closing of an Executive Session, the Mayor shall do such at the location as noted on the official agenda notice posted in compliance with the Texas Open Meetings Act. For purposes of regular agenda meeting postings, the opening and closing of an Executive Session shall be done in the Executive Conference Room of City Hall. City Council Rules of Procedures Page 3 of 11 SECTION III. TYPES OF MEETINGS 3.1 Reqular Meetings. The City Council shall meet in the City Hall on the first and third Tuesday of each month at 5:30 p.m. unless otherwise officially established by the City Council. The City Council shall take a vote at 12:00 a.m. on whether or not to continue a meeting for additional time if further items are on the agenda and have not been considered. The call for and conduct of all meetings of the City Council, both regular and special as provided in Section 3.2 hereof, shall be in accordance with State law. 3.2 Special Meetinqs. Special meetings may be called by the Mayor, any three (3) Councilmembers or the City Manager. The call for a special meeting shall be documented and filed with the City Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all Councilmembers are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, shall list the subject or subjects to be considered and a Public Notice shall be posted at least 72 hours before the meeting is scheduled to begin. In accordance with State law, the notice to the public of an emergency meeting must be posted at least two hours before the meeting is scheduled to begin. An emergency meeting exists only if immediate action is required of a governmental body because of an "imminent threat to public health and safety" or a"reasonably unforeseeable situation". 3.3 Recessed Meetinqs. Any meeting of the City Council may be recessed to a later time provided that no recess shall be for a longer period than until the next regularly scheduled City Council meeting. 3.4 Worksession Meetinqs. Worksession meetings may be called by the Mayor, any three (3) Councilmembers or the City Manager for the purpose of discussing in depth, investigating or exploring matters of interest to the City, without formal action being taken thereon by the City Council. The time, place, and purpose of such worksession meeting shall be stated in a notice complying with the Texas Open Meetings Act. Such worksession meetings may be held in any appropriate location outside the City Hall upon concurrence by any three (3) Councilmembers or as determined by the City Manager. Such worksession meetings may include, but shall not be limited to, meetings with neighboring governmental bodies or agencies, meetings with one of the City's appointed boards, commissions or committees, meeting with civic organizations or a meeting for Councilmembers to research, evaluate, explore, investigate or discuss any matter of interest or possible action affecting the City, subject to compliance with the provisions of the Texas Open Meetings Act. The City Council may establish regular worksession meetings immediately prior to regular City Council meetings. In conjunction with the regularly scheduled City Council meeting, a Pre City Council worksession shall be held at 5:30 p.m. unless otherwise officially established by the City Council. The agenda for the Pre City Council meeting shall include, among other items: City Council Rules of Procedures Page 4 of 11 routine reports, information related to the regular agenda items and issues for which the City Manager seeks direction or clarification. No official action shall be taken at any worksession meeting, unless a regular or special meeting is called as provided for in these Rules. SECTION IV. CONDUCT OF MEETINGS 4.1 Presiding Officer. The Mayor, if present, shall preside at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both Mayor and Mayor Pro Tem, the City Council shall elect a Councilmember to preside. 4.2 Call to Order. The meetings of the City 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 Mayor Pro Tem, the meeting shall be called to order by the City Secretary. 4.3 Preservation of Order. The Mayor shall preserve order and decorum, prevent clash of personalities or the impugning of Councilmembers' motives to occur and confine Councilmembers in debate to the question under discussion. 4.4 Points of Order. The Mayor shall determine all points of order, subject to the right of any Councilmember to appeal to the City Council. If any appeal is taken, the question shall be "Shall the decision of the Mayor be sustained?" 4.5 Questions to be Stated. The Mayor shall state all questions submitted for a vote and announce the result. 4.6 Substitution for Mayor. The Mayor may call the Mayor Pro Tem, or in the Mayor Pro Tem's absence, any other Councilmember to take the Mayor's place in the chair, such substitutions not to continue beyond adjournment. 4.7 Amendment to the Minutes. Amendments to the Minutes are made by a motion during the item to consider approval of the minutes. The Minutes are action minutes and provide the action taken by City Council and a summary of subjects discussed. If a Councilmember desires that certain information be included in the minutes, the Councilmember shall state prior to the information, "For the record". If it is a lengthy statement, a written copy shall be provided to the City Secretary. 4.8 Written Correspondence. A citizen's request in the reading of a statement into the public record as part of a City Council agenda item is at the sole discretion of any member or all of the governing body. The City Council is not obfigated to provide for a reading of correspondence into the public record on behalf of an absent individual as part of a City City Council Rules of Procedures Page 5 of 11 Council public hearing. The City Councii, any or all Councilmembers, may elect to provide for a reading of the correspondence, make reference indicating the general position of the correspondence, or pass over the correspondence. The correspondence is provided to City Council and is included in the City Council agenda packet. SECTION V. AGENDA 5.1 Preparation of Aqenda. A. The order of business of each meeting shall be as contained in the City Council agenda prepared by the City Manager. The agenda shall be a listing by topic of subjects to be considered by the City Council, and, in the case of regular meetings, shall be delivered to the City Council not less than 72 hours proceeding the Tuesday evening meeting to which it pertains. B. Any member of the City Council desiring to present a subject for City Council consideration shall advise in writing to the City Manager of the fact not later than 4:30 p.m. on Wednesday preceding regular City Council meetings. Subject matter will be accompanied by a summary regarding the purpose for the inclusion of this subject on the agenda. C. Items Omitted from Agenda. Any item not appearing on the agenda shall not be taken up for discussion as a matter of City Council business during a regular meeting unless it is of an emergency nature and comes to the City's attention too late to appear on the agenda. Such special, urgent or emergency issues shall be posted in compliance with the Texas Open Meeting's Act and the City Charter and may be added as a supplemental item to the regular agenda. The regular agenda items shall be considered in the following order: 1. Pre Council - 5:30 p.m. - Executive Conference Room 2. Executive Session - 5:30 p.m. - Executive Conference Room 3. Call to Order - 7:30 p.m. - Council Chambers 4. Invocation 5. Pledge of Allegiance 6. Resolution or Ordinance taking action on Executive Session items 7. Announcements, Proclamations and Presentations 8. Consent Items 9. Public Hearings 10. Citizen Comments/Presentations regarding items not on the agenda 11. Staff Reports City Council Rules of Procedures Page 6 of 11 12. Reports of Advisory Boards, Commissions and Committees (to include written monthly status reports on all currently operating projects/development committees) 13. Resolution Approving City Council Action not otherwise approved 14. Adjournment D. The general order of a Public Hearing shall be: a. Staff presentation - five minutes b. Open Public Hearing c. Applicant introductory presentation - five minutes d. Citizen comments - five minutes each (Large groups supporting the same position may be asked to select a representative to speak for the group) e. Applicant presentation - ten minutes f. Close Public Hearing g. City Council discussion and vote h. In the alternative, the item may be continued to a future meeting of the City Council. 1. If the City Council wishes to consider additional public testimony, the pubic hearing shall be reopened and the public hearing and item shall be continued to a date certain. 2. If the Public Hearing is not open and continued to a date certain, the City Council may only conduct an additional public hearing upon publication of notice in accordance with Chapter 211 of the Local Government Code. E. The City Manager shall provide the City Council with a written analysis of and recommendation of items to be acted on by the City Council at its meetings. These communications shall be generally referred to as agenda packets. The agenda packets for all regular meetings shall be delivered to the City Council by the Friday preceding the Tuesday regular meeting to which it pertains, unless an emergency condition makes it necessary to deliver the communication on a subsequent day. F. The City Secretary shall post notices of all City Council meetings in order to afford compliance with the Texas Open Meetings Act. 5.2 Consent Aqenda. In preparing the agenda, the City Manager shall give consideration to the number and degree of complexity of items to be considered by the City Council for the purpose of conserving the City Council's time in meetings. Items which are anticipated to be routine and require little or no discussion by the City Council shall be listed under the agenda category styled "Consent Items". Prior to taking up the Consent Agenda, the Mayor shall determine if there are any items thereon which should be removed from the Consent Agenda for discussion. Any Councilmember may, upon request, remove any item from the Consent Agenda for discussion and separate action. Thereafter, all remaining Consent Agenda items may be acted upon by a single motion approving the Consent Agenda. Items removed from City Council Rules of Procedures Page 7 of 11 the Consent Agenda shall be considered on the ending Resolution, which is for action not otherwise approved. 5.3 Oral Presentations by City Manaqer. Matters requiring the City Council's attention or action which may have developed since the deadline for delivery of the agenda packets may, upon approval of the City Council, and after satisfying the requirements of the Texas Open Meetings Act, be presented orally by the City Manager, or designated staff. 5.4 Citizen Participation at Meetinqs. A. Presentations by citizens must be confined to the agenda item being considered and any questions will be directed to the Mayor. Citizens wishing to speak shall be allowed to speak, provided prior to the consideration of the item; said person completes and delivers to the City Secretary a Speaker's Card providing name, address and topic. A person who has not completed the Speaker's Card prior to discussion of the item on the agenda shall not be allowed to speak. Presentation by citizens shall be limited to a time period of not more than five (5) minutes with two (2) additional minutes to conclude, at the option of the Mayor or the consent of the City Council, for each speaker. Any time spent by the City Council will not be counted against the citizen's time allotment. No person shall speak more than the time limits provided herein on any subject. That privilege shall not be accorded unless there is an exception supported by a majority of those eligible to vote. The Mayor shall not be obligated to recognize a speaker for a second comment on a subject until all others have spoken and there is unused time available. B. Following a request by a Councilmember, the Mayor may request that the City Council suspend the rules to allow citizens to speak after the public hearing has been closed. C. To maintain decorum, the Mayor shall recognize persons who have completed Speaker's Cards indicating a desire to address the City Council. D. As a general rule, citizens may not participate in discussions of the City Council except when recognized by the Mayor and during citizen presentations, public hearings and as otherwise provided for in these Rules. E. Citizens may speak on items not on the agenda under the item "Citizen Comments/Presentations Regarding Items Not On The Agenda". The presentation time period is as listed herein Section 5.4 A. City Council Rules of Procedures Page 8 of 11 SECTION VI. DECORUM AND DEBATE 6.1 Decorum and Debate. A. When a measure is presented for consideration to the City Council, the Mayor shall recognize the appropriate Councilmember to present the case, as needed. When two or more Councilmembers wish to speak, the presiding officer shall name the Councilmember who is to speak first. No member of the City Council shall interrupt another while speaking except to make a point of order or to make a point of personal privilege. No Councilmember shall speak more than five (5) minutes on any amendment to the question except as further provided in this section. B. No Councilmember shall speak more than the time limits provided herein on any subject or amendment, and such Councilmember may use his/her time in any combination, in separate speech or comments totaling the number of minutes permitted. The Mayor shall not be obligated to recognize any Councilmember for a second comment on the subject or amendment until every Councilmember wishing to speak has been allowed a first comment. Councilmembers shall also have the right to yield a portion of time to another Councilmember. C. Any Councilmember deciding to speak more than ten (10) minutes on any question or more than five (5) minutes on any amendment to the questions shall be accorded the privilege unless there is an objection supported by a majority of those eligible to vote of the City Council. D. Questions from speakers to the City Council with request for an immediate answer, except the applicants and persons representing applicants on platting or zoning cases, shall be prohibited. A Councilmember's questions to speakers should be to specific individuals and the Mayor should explain to those individuals beforehand that they may come to the podium and answer if they choose to; but, they cannot offer additional unsolicited input or engage in question and answer sessions with Councilmembers. E. Any Councilmember desiring to speak shall be recognized by the Mayor, and shall confine remarks to the subject under discussion or to be discussed. No Councilmember shall be allowed to speak more than once on any one subject until every Councilmember wishing to speak shall have spoken. F. No Councilmember shall be permitted to indulge in personalities, use language personally offensive, impugn motives of Councilmembers, charge deliberate misrepresentation, or use language tending to hold a member of the City Council, the public or City staff up to contempt. City Council Rules of Procedures Page 9 of 11 G. The Mayor shall not permit unrecognized speaker's comments or allow a member of the audience to indulge in personalities, use language tending to hold the City Council, the public or City staff up to contempt. H. If a Councilmember is speaking or otherwise transgressing the rules of the City Council, the Mayor shall or any Councilmember may call him/her to order in which case he/she shall immediately be quiet unless permitted to explain. The City Council shall, if appealed to, decide the case without debate. If the decision is in favor of the Councilmember called to order, he/she shall be at liberty to proceed, but not otherwise, and if the case occurs, he/she shall be liable to censure or such punishment as the City Council deems proper, consistent with City Ordinances, Resolutions and Charter. Any individual of the public who shall disrupt the City Council proceedings or disregard the Mayor shall first be warned of such offense and be requested that they refrain from disrupting the proceedings and/or disregarding the instructions of the Mayor. Any individual of the public failing to honor the first warning of the Mayor for order, shall receive a second and final warning prior to expulsion and/or citation for disturbing a public meeting pursuant to State law. When the Mayor fails to maintain order and decorum, the Councilmembers may compel the Mayor to enforce this provision following due parliamentary procedure, which affirms such compulsion by a majority vote of the City Council. SECTION VII. PROCEDURES FOR CITY COUNCIL APPOINTMENTS 7.1 Procedures for City Council Appointments. The following procedures are for making appointments to boards, committees and commissions established by ordinance or resolution. Appointments to ad hoc committees and task forces established by resolution should not necessarily be bound by the same procedures, but may be done in a manner appropriate to the situation as deemed proper by the City Council. The City Council shall set the quorum for a committee. The City Council shall vote whether the committee selection will be handled by the rules of procedures or by slate. A. Announce the position(s) to be filled. In the announcement, define the duties of the position(s), define the term of the position and request that applications be formally submitted to the City Council by a specific deadline. This announcement should be made at least 30 days prior to the deadline for submission of applications and should be placed in the local newspaper, posted at City Hall, on the website and placed in the Colleyville Communicator (if timely). Upon review of the Applications for Appointment, City Council will determine if interviews shall be conducted. If Council desires, interviews will be conducted prior to a City Council meeting, which may be subject to the Texas Open Meetings Act or be conducted in Executive Session. City Councii Rules of Procedures Page 10 of 11 If no applications are received or fewer applications than open positions are received, the City Council may fill positions from the floor or request the City Secretary to advertise the open position(s). In the event of a vacancy other than an expiring term, the City Council may fill the position by a majority vote of the City Council without advertising. The appointee shall serve the unexpired term. B. The candidates will be selected to fill the open positions no later than the second City Council meeting after the deadline for application submission, in the following manner: a. If more than one position is to be filled, consider the appointment for each position individually in the order selected by the Mayor, as follows: b. The Mayor shall open the floor for nominations and if there are no nominations, the Mayor will call on each Councilmember for a nomination. c. Councilmembers or the Mayor may decline to make a nomination if previous nominations are acceptable. d. After each Councilmember has had an opportunity to make a nomination or defer to make a nomination, the Mayor will take a vote on the slate of nominees by asking each Councilmember to state the name of the nominee that the Councilmember votes to appoint to the position under consideration. e. Return to Step b and repeat the process for the next position to be filled until all positions are filled. SECTION VIII. MEMORIALS 8.1 Memorials. The following procedures are for honoring deceased current or former City elected officials, sitting board, commission or committee members and community volunteers. A. Recognition of the death of a current or former City elected official. When the City is notified of the death of a current or former elected official, flowers or a plant will be sent to the memorial service and a sympathy card will be sent to the family. A Memorial Proclamation, honoring the official, will be sent to the memorial service or to the family. The City Manager's Office will coordinate the donation of a book, in which the official's name is inscribed on a bookplate inside of the book, to the Colleyville Public Library, in an amount not to exceed $50.00. A letter from the Library Director will notify the family of the book donation. B. At the family's request and with City Manager approval, members of the Colleyville Police and Fire Department Honor Guard may attend the funeral of a current or former City elected official as representatives of the City. C. Recognition of the death of a sitting board, commission or committee member. When the City is notified of the death of a sitting board, commission or committee member, the City Manager's Office will forward a sympathy card to the family. City Council Rules of Procedures Page 11 of 11 D. Recognition of the death of community volunteers. Due to the significant number of community volunteers assisting a multitude of organizations across the City of Colleyville, it will not be the practice of the City to recognize these individuals in a formal capacity. During a City Council meeting, elected officials may, at their discretion, verbally recognize the efforts of these individuals and their service to Colleyville during the agenda item for Announcements, Proclamations and Presentations. 8.2 Recoqnition bY lowerinq of the United States Flaq. The City is not at liberty to proclaim the Flag of the United States be flown at half-staff in recognition of a City official. Per the United States Code, only the President of the United States or the State Governor can order the flag lowered to half-staff. 8.3 Use of City equipment and personnel. At no time will City equipment be used to carry the casket or participate in the funeral procession of a deceased, current or former City elected official, board, commission, committee member or community volunteer. Exceptions to this rule may include City equipment earmarked for use by community groups, such as the Citizen Fire Academy Alumni Association Rehab Team and the Citizen Police Academy Alumni Association Citizens on Patrol, where equipment use for a group member's funeral may be authorized by the Department Director.