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HomeMy WebLinkAboutPO 6378: ADDING CHAPTER 14, ARTICLE 1 THROUGH I-E, SEC. 14-1 THROUGH 14-28, (REQUESTED BY MAYOR PRO TEM WILLIAMSON) P.O. No. 6378 04/7/14 gt ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 14, ARTICLE I THROUGH I -E, SECTIONS 14 -1 THROUGH 14 -28, TO THE CODE OF ORDINANCES AS IT PERTAINS TO BOARDS, AUTHORITIES, COMMISSIONS AND COMMITTEES (REQUESTED BY MAYOR PRO TEM WILLIAMSON). WHEREAS, Chapter 14, Article I of the Code of Ordinances, is reserved for Boards, Authorities, Commissions and Committees; and WHEREAS, the City Council seeks to improve transparency in government and maintain the integrity of city operations and decision making; and WHEREAS, appointments to Boards, Authorities, Commissions, and Committees for the City of Port Arthur represent a clear and distinct part decision making and government operations; and WHEREAS, the City seeks to maintain and improve both the public perception of local government and the reputation of the City for fair and honest operations; and WHEREAS, certain guidelines and rules regarding appointments to Boards, Authorities and Commissions, and Committees should be added to the Code of Ordinances to improve transparency in government and maintain the integrity of city operations and decision making, as delineated in Exhibit "A" attached hereto. s.po6378 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That Chapter 14, Articles I through I -E, Sections 14 -1 through 14 -28, of the Code of Ordinances be added as delineated in Exhibit "A" attached hereto. Section 3. That all those presently serving on boards, commissions, or committees for the City of Port Arthur shall be subject to the procedures set forth herein. Section 4. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. Section 5. That the ordinance shall be effective immediately. READ, ADOPTED AND APPROVED on this day of A.D., 2014, at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Deloris "Bobbie" Prince, Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney/ APPROVED FOR ADMINISTRATION: John A. Comeaux, P.E., Interim City Manager EXHIBIT "A" ARTICLE I. IN GENERAL. Sec. 14 -1. Definitions. Sec. 14 -1.1. Reports to the city council. Sec.14 -1.2. Notice of appointment; acceptance. Sec. 14-1.3. Eligibility of employee of franchise holder. Sec. 14 -1.4. Qualification considerations in appointments to boards. Sec. 14 -1.5. Limitation of terms. ARTICLE I -A. MEETINGS. Sec. 14 -2. Regular meetings. Sec. 14 -3. Special meetings. Sec. 14 -4. Quorum. Sec. 14 -5. Rules of order. Sec. 14 -6. Public character of meetings and actions; executive sessions. Sec. 14 -7. Notice of meetings. Sec. 14-8. Report of minutes. ARTICLE I -B. OFFICERS AND THEIR DUTIES. Sec. 14 -9. Chair and vice - chair. Sec. 14 -10. Preservation of order. Sec. 14 -11. Questions to be stated. Sec. 14-12. Reserved. ARTICLE I -C. DUTIES AND PRIVILEGES OF MEMBERS. Sec. 14 -13. Right to floor. Sec. 14 -14. Financial interest. Sec. 14 -14.1. Confidentiality. Sec. 14 -15. Right of appeal. Sec. 14 -16. Limitation of debate. Sec. 14-17. Voting. Sec. 14 -18. Demand for roll card. Sec. 14 -19. Personal privilege. Sec. 14-20. Attendance. Sec. 14 -20.1. Special attendance requirements. Sec. 14-21. Excusal during meeting. ARTICLE I -D. CODE OF CONDUCT. Sec. 14 -22. Board members. Sec. 14 -23. Administrative staff. Sec. 14 -24. News media members. Sec. 14 -25. Members of the public. ARTICLE I -E. ADMINISTRATIVE PROCEDURES. Sec. 14-26. Board recommendations. Sec. 14-27. Dealings with city employees. Sec. 14 -28. Legal opinions. ARTICLE I. IN GENERAL. SEC. 14 -1. DEFINITIONS. In this chapter: (1) BOARD means a board or commission of the city that is established by ordinance or the Charter of the City of Port Arthur. (2) CHAIR means the presiding officer of a board whether appointed by the city council or elected by the other members of the board. In debate the chair shall be referred to by this official title and shall be addressed by prefixing Mr. or Madam, as the case may be, to that title. (3) CONFIDENTIAL INFORMATION means any information that could not be obtained by the public under the Texas Open Records Act. (4) MEMBER means a duly appointed member of a board. SEC. 14 - 1.1. REPORTS TO THE CITY COUNCIL. (a) By February 1 of each year, each board shall submit to the city council an annual report of its activities containing the following: (1) a cover letter transmitting the report, signed by the board chair, addressed to the mayor and city council; (2) a table of contents; (3) a mission statement and the guiding principles of the reporting body; (4) a list of objectives, programs, and success indicators for period covered in the report; (5) a summary of the year just completed including highlights of accomplishments; (6) a work program for the coming year including revised goals and a revised matrix; (7) a summary of the board's recommendations, including a summary of the recommendations of the minority if there is a minority report; (8) other information determined to be necessary by the board. (b) Copies of the report should be furnished to the city manager, city secretary, and each member of the board. (c) The public information representative of the office of the city manager shall coordinate the preparation of the reports within the applicable city departments and generally give assistance in the development of the reports. (d) The following standards for format shall apply: (1) The report should be 8 -1/2 inches by 11 inches in size. Each larger sheet should be folded to this size. (2) The text should be black and white with no color. (3) The text should be typed and reproduced directly, without typesetting. (4) Use of photographs should be kept at a minimum. (5) Covers should be of color stock paper with black print and the city of Port Arthur logo. (6) The report may be bound if over 200 pages in length. (7) The city print shop should do the printing. (e) Minority or dissenting viewpoints should be given full disclosure in the report so that the opinions of each board member are fairly conveyed. The minority or dissenting report should be prepared by those holding such viewpoints and it should be incorporated in the report without editing, except in order to achieve compliance with this section. If the majority report, including attachments, appendices, and index pages, numbers less than 100 pages, the minority report will be placed after the last page of the majority report. If the majority report numbers 100 pages or more, the minority report will be placed after the summary of recommendations and before the body of the full majority report. (f) If a board finds it necessary or important to publish a report other than an annual report, the provisions of this section shall apply to the special report. (g) On behalf of the city council, the city manager shall analyze and evaluate each report submitted pursuant to this section by March 15 of each year. SEC. 14 - 1.2. NOTICE OF APPOINTMENT; ACCEPTANCE. (a) After the city council appoints a person to serve as a member of a board, the city secretary shall notify the person in writing of the appointment. The notification shall contain a copy of the city's code of ethics and a form of acceptance of appointment to be returned to the city secretary by the appointee. The form of acceptance shall contain a statement that the appointee has read the entire code of ethics and agrees to comply with it. (b) The appointee must return the signed acceptance of appointment to the city secretary within 15 calendar days from the date of receiving notice of the appointment. If the city secretary does not receive the signed acceptance of appointment within the required 15 days, that board position shall be considered vacant and a new appointment made. SEC. 14 - 1.3. ELIGIBILITY OF EMPLOYEE OF FRANCHISE HOLDER. (a) A person who is an employee of a public utility providing service under a franchise with the city is not disqualified from serving as a member of a board if the responsibilities of the board are not directly related to regulation of the rates and service of the public utility. (b) A board member who is an employee of a public utility providing service under a franchise with the city shall abstain from voting and comply with Section 14 -14 on any matter before the board directly or indirectly related to the business of the public utility. SEC. 14 -1.4. QUALIFICATION CONSIDERATIONS IN APPOINTMENTS TO BOARDS. (a) In addition to the qualifications for service on a board that are mandated by the city charter or other ordinances, an appointee to a board must: (1) have been a resident of the city for at least six months prior to the date of appointment; (2) be a qualified voter in the city at the time of appointment; (3) have no criminal record that is considered by the city council to be so serious that it should serve as a disqualification; (4) not be an adversary party to pending litigation or a claim against the city or a city employee, except for eminent domain proceedings; disqualification of an appointee under this subparagraph may be waived by the city council after review of the specific circumstances unless the subject of the litigation or claim involves the board on which the appointee will serve or the department providing support services to that board; (5) not be an employee or a business associate of either an adversary party or a representative of an adversary party, nor have a pecuniary interest, in any pending litigation or claim, other than an eminent domain proceeding, against the city relating to the board on which the appointee will serve or the department providing support services to that board or against any individual officer or employee of the support department (unless unrelated to such individual's office or employment); disqualification of an appointee under this subparagraph may not be waived; (6) not be in arrears on any city taxes, water service charges, or other obligations owed the city; (7) have a creditable record of attendance and performance in any previous board service; and (8) not have been finally convicted of one or more felony offenses for which the person has not been pardoned or otherwise released from the resulting disabilities. (b) A person may serve on only one board at a time, except that this restriction does not apply to ex officio board positions. It is the city council's intent that a board member is not required to resign one board position before being appointed to another board, but must resign the first position before accepting appointment to the new board position. (c) Notwithstanding Subsection (b), a person may serve on up to two boards of directors of reinvestment zones established under the Tax Increment Financing Act, as amended. (d) A person appointed to a board must meet, at the time of appointment and during the entire period of service on the board, all qualifications for appointment to that board that are required by this section and any other applicable provision of a city ordinance or the city charter. This subsection does not apply to a qualification waived by the city council pursuant to specific authority granted in a provision of a city ordinance or the city charter applicable to the board to which the person is appointed. (e) The city secretary shall investigate each appointee's background for a criminal record and shall inform the city council if any person nominated for appointment to a board has been convicted of a misdemeanor offense, other than a traffic violation, in the last five years or of any felony offense. (e) A person is not disqualified from board service under Subsection (a)(6) if the person has entered into an agreement (authorized by the city, state law, or court order) to pay the obligation on a scheduled payment plan and is current on payments under the plan and in compliance with all terms and conditions of the plan. Before the person is appointed or reappointed to any board, the city secretary shall inform the city council if the person is on such a payment plan. The city secretary shall monitor compliance with the payment plan and notify the city council and the city attorney whenever the person is not in compliance with the plan. The city secretary shall also send a notice of any noncompliance to the person, and, if the person is a current or holdover board member, the city secretary shall place an item on a council agenda to consider removal of the person from the board. SEC. 14 - 1.5. LIMITATION OF TERMS. (a) A person who has served as a member of a particular board for four consecutive two -year terms will not again be eligible to serve on that same board until at least one term has elapsed, regardless of whether service was as a member or chair. Disqualification of a board appointee under this subsection may be waived by the city council after a review of the specific circumstances. (b) Notwithstanding Subsection (a), a person may serve as a member of a particular board for the maximum number of terms that may be fixed for the particular board by the city charter or state or federal law and will not again be eligible to serve on that same board until at least one term has elapsed. (c) In determining whether a full term has been served by a board member, the same definition of "term" that applies to a city council member, as set forth in Chapter III, Section 3A(c) of the city charter, will also apply to a board member. ARTICLE I -A. MEETINGS. SEC. 14 -2. REGULAR MEETINGS. Each board shall determine the time and place of its meetings. Regular meetings shall be scheduled weekly, monthly, semi - monthly, or quarterly, as the responsibilities of the board necessitate, at a location within a public building. SEC. 14 - 3. SPECIAL MEETINGS. Special meetings may be called by the chair at any time and shall be called by the chair upon written request of members comprising at least one -third of the board. SEC. 14 - 4. QUORUM. At the beginning of each regular or special meeting, the chair shall determine whether or not a quorum exists in order to properly transact business of the board. Unless otherwise provided by another city ordinance, the city charter, or state law, a quorum exists when there are physically present a simple majority of the number of members officially appointed to the board, regardless of the total number of members actually provided for the board, except that no board required to be composed of 15 or more members may have a quorum of fewer than six members. If a quorum does not exist 30 minutes after the time for which the meeting was called, the chair shall adjourn the meeting and either re- schedule the meeting at its next regular time or call a special meeting, depending on the circumstances. SEC. 14 - 5. RULES OF ORDER. Unless otherwise stipulated by the board or this chapter, proceedings of a board shall in all cases be governed by rules of order as set forth in "Robert's Rules of Order." SEC. 14 -6. PUBLIC CHARACTER OF MEETINGS AND ACTIONS; EXECUTIVE SESSIONS. (a) All meetings of a board shall be open to the public unless pertaining to matters authorized under the Texas Open Meetings Act to be discussed in executive session. All actions of the board shall be public and sufficient copies of the minutes shall be made available by the city secretary to staff members, the news media, and other interested persons upon request. (b) When meeting in executive session, a board shall publicly announce the category under the Texas Open Meetings Act that permits the executive session, tape record the executive session, and comply with all other requirements of the Texas Open Meetings Act applicable to executive sessions. (c) A printed agenda of items to be considered at each regular meeting shall be posted for public inspection at least three days prior to the meeting. (d) Compliance with this section shall be the responsibility of the city department designated to provide staff support to the board. The city secretary shall be responsible for establishing guidelines for the security of all tapes on which board executive sessions are recorded pursuant to Subsection (b). SEC. 14 -7. NOTICE OF MEETINGS. Notice of all special and regular meetings of the board shall be published in accordance with the Texas Open Meetings Act. SEC. 14 - 8. REPORT OF MINUTES. Each board shall submit to the city secretary of the city, within five days following each regular and special meeting, a list of members absent from the meeting and a copy of the minutes of the meeting. ARTICLE I -B. OFFICERS AND THEIR DUTIES. SEC. 14 -9. CHAIR AND VICE - CHAIR. (a) The chair shall, when present, preside at all meetings of the board. In the absence of the chair, the vice -chair shall exercise the powers of the chair. The seniority of the vice - chairs, if more than one, must be stipulated at the time of their selections. If the chair ceases to preside during a meeting and no vice -chair is available, the chair may, subject to the approval of the board, appoint a temporary chair. The first adjournment puts an end to this appointment. (b) The presiding officer shall rule on points of order and procedures that are brought up in board meetings. (c) If the chair and all vice - chairs are absent at the beginning of a meeting, the board shall elect a temporary chair. (d) In debate the chair must be referred to by official title and be addressed by prefixing Mr. or Madam, as the case may be, to that title. (e) Unless specifically provided otherwise in the ordinance or city charter provision creating a particular board: (1) the vice -chair of every board of the city must be appointed by the full city council; and (2) no city board may have more than one vice -chair appointed to serve on it at any given time. SEC. 14 - 10. PRESERVATION OF ORDER. The chair shall preserve order and decorum and shall appoint a sergeant -at -arms and a deputy to enforce compliance with the rules contained in this chapter. The chair shall require members of the board engaged in debate to limit discussion to the question under consideration. SEC. 14 - 11. QUESTIONS TO BE STATED. The chair shall state all questions submitted for a vote, call for an affirmative and negative vote, and announce the result. A roll call vote shall be taken upon the request of any member. SEC. 14-12. RESERVED. ARTICLE I -C. DUTIES AND PRIVILEGES OF MEMBERS. SEC. 14 -13. RIGHT TO FLOOR. When recognized by the chair, a member shall confine remarks to the question under debate, avoid personalities, and refrain from impugning the motives of any other member's argument or vote. No member shall address the chair or demand the floor while a vote is being taken. SEC. 14 - 14. FINANCIAL INTEREST. (a) A member stopped from voting on a matter for reasons of financial interest shall: (1) refrain from discussing the matter at any time with any other member of the board or any other body that will consider the matter; (2) leave the room during debate and hearing; and (3) refrain from voting on the matter. (b) Notwithstanding Subsection (a), a member of the board of directors of a reinvestment zone established under the Tax Increment Financing Act, as amended, may: (1) own property within that reinvestment zone; and (2) participate in discussions and voting on matters before the board of directors that may directly or indirectly affect the member's property within the reinvestment zone. SEC. 14 14.1.CONFIDENTIALITY. (a) The confidentiality of any file, record, or other data received by a board that pertains to a land purchase, security, personnel, or legal matter shall be strictly maintained by every member. (b) A member commits an offense if the member discloses to another person confidential information obtained in the course of board duties. (c) It is a defense to prosecution under Subsection (b) that the disclosure was made: (1) to another member of the same board or to city staff assigned to the board; or (2) as compelled testimony in a court proceeding. (d) An offense under this section is punishable by a fine not to exceed $500. (e) Any board member determined by the city council to have violated this section shall forfeit membership on the board. A board member required to forfeit board membership under this section is entitled to a public hearing in accordance with Section 17, Chapter XXIV of the city charter. SEC. 14 - 15. RIGHT OF APPEAL. A member may appeal to the board from a ruling of the chair. If the appeal is seconded, the member making the appeal may briefly state reasons for the appeal and the chair may briefly explain the ruling, but there shall be no debate on the appeal and no other member shall participate in the discussion. The chair shall then put the question, "Shall the decision of the chair be sustained ?" If a majority of the members present vote "Aye," the ruling of the chair is sustained; otherwise it is overruled. SEC. 14 - 16. LIMITATION OF DEBATE. No member shall be allowed to speak more than once upon any one subject until every other member choosing to speak on the subject has spoken, and no member shall speak more than twice upon any one subject, nor for a longer time than five minutes, without a two- thirds affirmative vote of the board. SEC. 14 VOTING Every member present when a question is put shall vote either "yes" or "no," unless the member is prevented from voting because of conflict of interests. A member who is absent from the meeting during a vote and returns to or arrives at the meeting before adjournment shall, upon returning or arriving, vote on the question for the record unless prevented from voting by a conflict of interests. A member recorded present during a meeting who does not vote and who is not prevented from voting by a conflict of interests shall be recorded as having voted in the affirmative, unless the member has obtained the consent of the chair to leave the meeting and is absent for the remainder of the meeting. SEC. 14 - 18. DEMAND FOR ROLL CALL. Upon demand from any member, made before the negative has been put, the roll shall be called for "Yeas" and "Nays" upon any question before the board. It shall not be in order for members to explain their votes during the roll call. SEC. 14 - 19. PERSONAL PRIVILEGE. The right of a member to address the board on a question of personal privilege shall be limited to cases in which the member's integrity, character, or motives are assailed, questioned, or impugned. SEC. 14 ATTENDANCE. (a) No member shall be excused from attendance at a board meeting, unless for medical reasons certified to by a physician or unless excused by the board and the city council. A member having three unexcused absences in succession shall forfeit membership on the board. (b) A member of a board that meets weekly or biweekly, who is absent from more than 25 percent of the regular meetings in any six month period, whether excused or not, shall forfeit membership on the board. (c) A member of a board that meets monthly, who is absent from more than 25 percent of the regular meetings during any 12 month period, whether excused or not, shall forfeit membership on the board. (d) An office that has been forfeited under the provisions of this section shall be filled for the remainder of the term by appointment of the city council. (e) For purposes of this section, the record of a member's absences will begin with the first regular meeting after the 15th day from the date the member received notice of appointment. SEC. 14 20.1.SPECIAL ATTENDANCE REQUIREMENTS. If a board or commission, as part of its decision - making process, schedules an inspection trip to the location of a matter that is to be considered by the board or commission at that day's meeting, a member will be counted absent unless: (1) the member attends both the inspection trip and the meeting; or (2) the member represents that a personal inspection has been made of each location visited by the inspection trip and attends the meeting. SEC. 14 -21. EXCUSAL DURING MEETING. A member may not leave a board meeting in regular session without acknowledgement by "the chair. A member who leaves a board meeting after the board has been duly called to order and is absent for the remainder of the meeting, without first obtaining the consent of the chair, shall be charged with an unexcused absence for that meeting. The consent of the chair may be given only in an emergency beyond the control of the member that requires the member to leave the meeting. ARTICLE I -D. CODE OF CONDUCT. SEC. 14-22. BOARD MEMBERS. (a) During board meetings, board members shall preserve order and decorum and shall neither, by conversation or otherwise, delay or interrupt the proceedings nor refuse to obey the orders of the chair or the rules of the board. (b) Every board member desiring to speak shall address the chair and, upon recognition by the chair, shall limit remarks to the question under debate and shall avoid discussion of personalities and indecorous language. (c) A board member, once recognized, shall not be interrupted while speaking unless called to order by the chair, except when a point of order is raised by another member or the speaker chooses to yield to questions from another member. If a board member is called to order while speaking, the member shall cease speaking immediately until the question of order is determined. If ruled to be in order, the member shall be permitted to proceed. If ruled to be not in order, the member shall remain silent or otherwise comply with rules of the board. (d) All members of the board shall accord the utmost courtesy to each other, to city employees, and to members of the public appearing before the board and shall refrain at all times from rude and derogatory remarks, reflection as to integrity, abusive comments, and statements as to motives and personalities. (e) Board members shall confine their questions as to the particular matters before the assembly and, in debate, shall confine their remarks to the issues before the board. (f) Members shall be removed from the meeting for failure to comply with decisions of the chair or continued violations of the rules of the board. If the chair fails to act, any member may move to require the chair to enforce the rules, and the affirmative vote of a majority of the board shall require the chair to act. SEC. 14 - 23. ADMINISTRATIVE STAFF. (a) Members of the administrative staff and employees of the city may attend board meetings but shall observe the same rules of procedure and decorum applicable to members of the board. (b) All remarks and questions addressed to the board by a staff member shall be addressed to the board as a whole and not to any individual member. (c) No staff member, other than a staff member having the floor, shall enter into discussion either directly or indirectly without permission of the chair. SEC. 14 - 24. NEWS MEDIA MEMBERS. (a) During the conduct of official business, members of the news media shall occupy spaces allocated for them. (b) Members of the news media shall refrain from conversing privately with other persons in the meeting room during the conduct of official business. (c) Interview of persons attending board meetings shall be conducted outside the meeting room. SEC. 14 - 25. MEMBERS OF THE PUBLIC. (a) Citizens are welcome to attend all official meetings of city boards and will be admitted to the meeting room up to the fire safety capacity of the room. (b) Members of the public attending board meetings shall observe the same rules of propriety, decorum, and good conduct applicable to members of the board. Any person making personal, impertinent, and slanderous remarks, or who becomes boisterous while addressing the board or while attending the board meeting, shall be removed from the room if the sergeant -at -arms is so directed by the chair, and the person shall be barred from attendance for the balance of the meeting. (c) Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the chair, who shall direct the sergeant -at -arms to remove offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the chair. If the chair fails to act, any member of the board may move to require the chair to act to enforce the rules, and the affirmative vote of the majority of the board shall require the chair to act. ARTICLE I -E. ADMINISTRATIVE PROCEDURES. SEC. 14-26. BOARD RECOMMENDATIONS. (a) All recommendations, resolutions, reports, and findings of a board shall be submitted through established administrative procedures within the city to the appropriate city department or the city council. In no event shall the members of the board, either individually or as a board, circumvent the administrative procedure through which such information is to pass. If no action is taken, or the resolution or suggestion is not properly passed to the city council or appropriate city officials, then, upon motion duly made, seconded, and passed by a majority of the members, the chair of the board shall be directed and authorized to make known the wishes of the board to the city council or appropriate city official. (b) Unless approved by the city council, members of a board, either individually or as a board, shall not present board recommendations, resolutions, reports, or findings to persons or agencies outside the city organization except in the ordinary course of official board meetings. SEC. 14 - 27. DEALINGS WITH CITY EMPLOYEES. Under no circumstances shall members of a board or commission interfere in any manner with the employees or personnel who work with or under the board, but they shall in all cases make their wishes known to the head of the department, who shall handle the matter with employees the same as in other employee - personnel problems. The board shall confine itself to the guidelines provided in the charter, appointing ordinance, or resolution that sets out the duties of the board. SEC. 14 -28. LEGAL OPINIONS. If a legal opinion has been rendered by the city attorney regarding a board's powers, duties, or responsibilities, that board shall conform its actions in accordance with the opinion of the city attorney unless such opinion is in conflict with a decision by a court of competent jurisdiction.