HomeMy WebLinkAboutCity Council Resolutions (R-12-3520)-08/07/2012RESOLUTION R-12-3520
A RESOLUTION AMENDING AND REPLACING RESOLUTION R-11-3308
ADOPTING RULES OF PROCEDURE RELATED TO SECTION III,
TYPES OF MEETINGS, SECTION 3.2, SPECIAL MEETINGS, 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, orderly 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: I
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-11-3308,
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,
Resolution R-12-3520
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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 Rules of
Procedure set forth in the attached Exhibit "A" are hereby '
adopted, which exhibit is incorporated herein by reference, and
shalt 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.
REPEAL
2.1 THAT this Resolution repeals previous Rules of Procedure and
becomes effective after the meeting adopting Resolution R-12-
3520.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF / AYES, O NAYS AND ~
ABSTENTIONS ON THIS THE 7T" DAY OF AUGUST 2012.
ATTESrT:
Cynthia Singleton, TRMC,
City Secretary
CITY OF COLLEYVILLE
~ d~
~
C David Kelly
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 Meetinas 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 uorum. 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
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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.
2.6 City Manaaer. 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 shall have no
vote.
2.7 Citv 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 Secretar r~. 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
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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.
SECTION III.
TYPES OF MEETINGS
3.1 Reaular Meetinas. 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 S~ecial Meetings. Special meetings may be held on the call of the Mayor or
four (4) members of the City Council at the place within the City of Colleyville
designated in the public notice. 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 Meetings. 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 Meetings. 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
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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: 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 Presidin~ 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.
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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 obligated to
provide for a reading of correspondence into the public record on behalf of an
absent individual as part of a City Council public hearing. The City Council, 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 Aaenda.
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.
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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
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
public 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
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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 Agenda. 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 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 Meetings.
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
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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.
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.
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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.
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 pubtic 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.
I. 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
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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. 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:
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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.
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
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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 Recognition by lowerina of the United States Flaa. 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.