2020-015 Boards and Commissions Handbook RevisionsDate: February 14, 2020 Report No. 2020-015
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Proposed updates to Boards & Commissions Handbook last revised
BACKGROUND:
The purpose of the Handbook for Boards, Commissions and Council Committees (Handbook),
first adopted in November 17, 2009, is to consolidate basic information regarding boards,
commissions, and council committees into one easy and convenient manual that will be provided
to current appointees and used as a training tool for future appointees. Most of the material,
policies and procedures in the handbook are taken from current code, ordinances, resolutions,
administrative policy or the City Charter of which Council Members and Board, Commission and
Committee members are already familiar.
The Handbook was last reviewed in its entirety and amended on July 16, 2015. The most recent
modification on July 16, 2019 was to correct a prior clerical error to clarify which sections of the
Handbook were applicable to citizen boards, commissions, committees, task force, and ad hoc
committees. Since the last comprehensive update in 2015, changes have been made to the Denton
City Code as well as administrative policies and internal processes which mandate the Handbook
be updated to accurately reflect such policies/processes.
DISCUSSION:
Noted below are the proposed substantive changes. The attached redline version of the Handbook
(Exhibit 1) details exact changes made. The following is a summary of changes:
01 Cover – Detailing historical approval data of the Handbook;
02 Table of Contents – Including sub-categories of other topics covered within the subject
categories and enumerated accordingly. The page numbers shown on this redline version
are specific to what the page number assignment will be with all changes approved as
presented.
03 Introduction – Including language added as of the July 16, 2019 correction which
clarified which sections of the Handbook apply to citizen boards, commissions,
committees, task force, and ad hoc committees.
04 Overview of Municipal Government – Including the city auditor as a City Council
appointee.
05 Membership Information – Including the following:
o Prior board service record will be a point of consideration if/when (re)reappointed;
o Appointment to another board is possible once a member is termed on his/her
respective board;
o Clarifying members hold over until replaced or a resignation is received, and a
resignation cannot be withdrawn once submitted;
o Making staff liaisons responsible for ensuring all appointment forms are received
prior to members participating in a meeting and encouraging a new member
orientation be held, as needed;
Date: February 14, 2020 Report No. 2020-015
o Updating the attendance provision to reflect the recent amendment to Article III of
the Denton Code of Ordinances as well as outlining the process for removal for
cause as provided in the Denton City Charter, Article XIV, Section 14.16 and the
related notification process;
o Establishing guidelines for minute preparation and submission to the City
Secretary’s Office;
o Incorporated the Ethics “Policy” as adopted by Resolution R2006-003 as part of
the Handbook rather than an appendix;
o Adding reference information to the City’s Code of Ethics, as applicable to certain
boards; and
o Including additional language on what provisions addressed within the Handbook
are not applicable to citizen task forces, ad hoc boards, commissions, and
committees.
06 Conflicts of Interest – Requiring staff liaisons submit conflict of interest affidavits to
the City Auditor’s Office as required in the Denton Code of Ordinances, encouraging
members to “work” with their staff liaison to address any matters identified as potential
conflicts rather than consulting directly with the City Attorney’s Office, updating the
aggregate value of gifts from $250 to $100 as provided under Chapter 176 of the Local
Government Code and adding new section on process when a member is appearing before
their own board;
07 Texas Open Meetings Act – Requesting staff liaisons coordinate with the City
Attorney’s Office in ensuring legal counsel is present during any closed meeting
deliberations and any corresponding certified agenda by submitted to the City Secretary’s
Office;
08 Procedures for Conducting a Meeting – Providing the direct online link to the City
Council Rules of Procedure and adding reference that a tie vote for boards, except the
Planning and Zoning Commission, results in a denial of the applicable item and that this
provision applies to all task forces, ad hoc committees, or other limited duration groups
established by the City Council; and
09 – Board Summary – Modifying list of boards, commissions and council committees and
applicable legislation as currently in place; and
Other: Removed all appendices as the references are included under Section 09 Board
Summary.
The Draft Handbook was reviewed with the City Attorney’s Office and their feedback
incorporated.
CONCLUSION:
Comments, suggestions or recommendations on the Draft Handbook is requested to be sent to the
City Secretary’s Office by Tuesday, February 25. The tentative approval date to adopt the attached
draft as part of the Consent Agenda is Tuesday, March 3, 2020. The date will change based on the
number and magnitude of recommended changes that may be received. Council will be updated
accordingly.
STAFF CONTACT:
Rosa Rios
City Secretary
Date: February 14, 2020 Report No. 2020-015
rosa.rios@cityofdenton.com
940-349-8309
REQUESTOR:
Staff initiated - City Secretary
STAFF TIME TO COMPLETE REPORT:
1 hour (30 hours for full review of Handbook)
ATTACHMENTS
1. DRAFT B&C Handbook – Redline
CITY OF DENTON
HANDBOOK for BOARDS, COMMISSIONS,
and COUNCIL COMMITTEES
Adopted: November 17, 2009 Resolution R2009-032
Revised: October 4, 2011 Resolution R2011-036
Revised:September 18, 2012 Resolution R2012-030
Revised: September 10, 2013 Resolution R2013-027
Revised: September 16, 2014 Resolution R2014-037
Revised: September 1, 2015 Resolution R2015-023
Revised: July 16, 2019 Resolution 19-1441
Revised: ____________, 2020 Resolution 20-_____
TABLE OF CONTENTS
Introduction .....................................................................................................................74
Overview of Municipal Government .............................................................................9
City Charter ..................................................................................................................95
City Council .................................................................................................................95
City Manager ........................................................................................................... 95-6
City Attorney .............................................................................................................106
City Secretary.............................................................................................................106
Staff Liaison ...............................................................................................................106
Membership Information .............................................................................................11
Appointments .............................................................................................................117
Service Limitations ....................................................................................................117
Termination of Appointment .....................................................................................117
Oath of Office ............................................................................................................117
Orientation and Training ............................................................................................118
Attendance ............................................................................................................. 118-9
Removal from Office .....................................................................................................9
Minutes ......................................................................................................................129
Election of Officers .............................................................................................. 129-10
Ethics Policy ...................................................................................................... 1310-13
Ethics Ordinance ..........................................................................................................14
Communication with City Council ..........................................................................1314
Advisors, Subcommittees, and Ad-Hoc Committees ..................................................14
Additional Guidelines for City Council Committees ............................................. 14-15
Conflicts of Interest .......................................................................................................15
Texas Local Government Code Chapter 171 Conflicts of Interest ..............................16
Incompatibility of Office .........................................................................................1617
Appearance of Conflict ............................................................................................1617
Texas Local Government Code Chapter 176 Conflicts Disclosure .........................1617
Appearing Before City Boards and Commissions .......................................................18
Texas Open Meetings Act .............................................................................................17
What Constitutes a Meeting? ...................................................................................1719
A. Definition of Meeting .............................................................................. 19-20
B. Social Gatherings ..........................................................................................20
C. Employee Briefings .......................................................................................20
D. Telephone and Videoconferencing Meeting .................................................20
Notice ...........................................................................................................................18
A. Content ..........................................................................................................20
B. Place of Posting .............................................................................................21
C. Time of Posting .............................................................................................21
D. Recessing a Meeting .....................................................................................21
Open Sessions ..............................................................................................................19
A. Convening the Meeting .................................................................................21
B. Rights of Public .............................................................................................21
C. Public Comments ..........................................................................................22
D. Final Actions .................................................................................................22
Closed Meetings ...........................................................................................................20
A. Overview .......................................................................................................22
B. Provisions Authorizing Closed Meetings ................................................ 22-24
Records of Meetings ................................................................................................2224
Penalties and Remedies for Violations of the Act .......................................................22
A. Voidability of A Board’s Action ...................................................................24
B. Mandamus, Injunction, or Declaratory Judgment ................................... 24-25
C. Criminal Provisions .......................................................................................25
Open Government Training .....................................................................................2325
Meeting Procedures .....................................................................................................25
Role of the Chairperson ...........................................................................................2526
Rules of Thumb........................................................................................................2526
Procedural Rules of Order ................................................................................. 2627-28
What is a Quorum? ..................................................................................................2728
Public Participation ..................................................................................................2728
Boards, Commissions, & Council Committees...........................................................29
Judicial or Quasi-Judicial Boards ................................................................................29
Board of Ethics ...................................................................................................29
Civil Service Commission ..................................................................................29
Denton Housing Authority Board ................................................................. 29-30
Health and Building Standards Commission ..................................................2930
Historic Landmark Commission .........................................................................30
Planning & Zoning Commission ....................................................................3031
Zoning Board of Adjustment ..........................................................................3031
Advisory Boards ..........................................................................................................32
Airport Advisory Board ..................................................................................3231
Animal Shelter Advisory Committee ..................................................................32
Committee on Persons with Disabilities .............................................................32
Community Development Advisory Committee .......................................... 32-33
Downtown Denton Tax Increment Financing Reinvestment Board ...............3233
Economic Development Partnership Board .................................................. 33-34
Human Services Advisory Committee ................................................................34
Library Board ......................................................................................................34
Parks, Recreation & Beautification Board .................................................... 34-35
Public Art Committee .....................................................................................3435
Public Utilities Board ..........................................................................................35
Tax Increment Reinvestment Zone Number Two ........................................ 35-36
Traffic Safety Commission .............................................................................3536
City Council Committees .............................................................................................37
Agenda Committee .........................................................................................3736
Audit/Finance Committee ............................................................................. 36-37
City Council Airport Committee ........................................................................37
Committee on Citizen Engagement ....................................................................37
Committee on the Environment ......................................................................3837
Council Appointee Performance Review Committee .........................................38
Council Ethics Committee ..................................................................................38
Council Mobility Committee ..........................................................................3938
Hotel Occupancy Tax Committee ...................................................................3938
Ad Hoc Council Committees ..............................................................................39
Local and Regional Committees ..................................................................................40
Community Justice Council ............................................................................4039
Convention & Visitors Bureau ........................................................................4039
Dallas Regional Mobility Coalition ................................................................4039
Denton Committee on People with Disabilities ..................................................40
Lake Ray Roberts Planning & Zoning Commission .......................................4140
Regional Transportation Council ....................................................................4140
Texas Municipal Power Agency Board of Directors ..........................................41
Miscellaneous Boards and Committees ..............................................................41
Appendix
Appendix i – Boards, Commissions, and Committees (Chapter 2, Art. III)…………43
Appendix ii – Code of Ethics (Resolution No. R2006-003) ........................................47
Appendix iii – Rules of Procedure (Chapter 2, Art. II §2-29) ...................................51 Appendix iv – Committee Resolution No. R2009-015; R2011-009; R2012-026 .......69 Audit/Finance Committee
City Council Airport Committee City Council Appointee Performance Review Committee
Committee on the Environment
Ethics Committee
Hotel Occupancy Tax (HOT) Committee
Mobility Committee
Committee on Citizen Engagement Appendix v – History of Handbook Revisions ............................................................81
Resolution R2009-032 – Original approval
Resolution R2011-036 – General revisions approved
Resolution R2012-026 – Established Committee on Citizen Engagement
Resolution R2012-030 – Added process for communication with Council
Resolution R2013-027 - Updated Public Art Committee reporting structure and
inclusion of R2012-026 and R2012-030
Resolution R2014-037 – Added TIRZ #2 and #3; amended EDP Board ex-officio
membership; added statement regarding Ad Hoc Council Committees
Resolution R2015-023 – Removed TIRZ #3 as it was dissolved; updated language
in various sections – updated Council Rules of Procedure
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INTRODUCTION
Congratulations on your appointment to one of our City’s boards, commissions or City Council
committees! Boards and commissions are essential to the successful function of City
government, and your contributions will help shape the future of Denton. You will be studying
and recommending policy application on a variety of issues vital to the City’s future. The basic
duty of each board is to apply City policy as expressed in the City Charter, its Code of
Ordinances, and through Council directives to individual circumstances and issues placed before
the board. Should a policy or directive require clarification, the board should request such from
the Council.
The handbook is designed to assist you in your service. It consolidates provisions of the City
Charter, Code of Ordinances, and other regulations into one place to assist you as a board
member. It will provide a general introduction to topics and processes that directly affect
members of boards. Discussion in the handbook applies to all City Council appointed citizen
boards, and commissions, and committees including citizen task forces, ad hoc boards,
commissions, and committees, and all City Council committees, unless stated otherwise.
Throughout the document, reference to “boards” should be interpreted to mean “commissions
and committees” as well all City Council appointed citizen boards, commissions, and
committees, including citizen task forces, ad hoc boards, commissions, and committees, as well
as all City Council committees, unless otherwise stated. Keep in mind, not all the provisions will
apply equally to every board. In cases of legal liability, for example, members of some boards
may be more susceptible than members of other boards. The staff liaison assigned to your board
will be able to provide you with more information on the specific duties and responsibilities of
the particular board and its members. Additionally, due to the unique nature of citizen boards,
commissions, and committees, citizen task forces, and ad hoc boards, commissions, and
committees, a section providing additional guidance has been included under Membership
Information in the handbook. While no one document could adequately cover all aspects of
serving on a board, the handbook has been designed as a basic reference point from which a
board member can build an extensive knowledge of his/her responsibilities to the citizenry of
Denton. The handbook has been adopted by resolution of the City Council and will be updated
from time to time. If any provision of the handbook is in conflict with any Code or Ordinance of
the City, then such Code or Ordinance shall prevail.
The City Secretary, City Attorney, and staff liaisons are available as resources to all boards. Any
requests for assistance should shall be coordinated through the staff liaison assigned to the board
on which you serve.
Thank you for your interest in serving your community. Your efforts will make Denton a better
place to live and work.
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DENTON MUNICIPAL GOVERNMENT
City Charter
The Denton City Charter was adopted in 1959 and is the basic governing authority of the City.
The Charter determines the form of municipal government, the composition and powers of the
City Council, and establishes the legal framework necessary for a city to function. The Charter
provides for the operation of municipal functions under the council-manager form of
government. Under this system, the City Council serve as political leaders and policy makers and
retain a professionally trained manager to oversee the delivery of public services.
City Council
The City Council consists of a mayor and six council members who are elected to serve as the
legislative body of the City. Four council members are elected from one of four single member
districts. The mayor and two other council members are elected at-large. The mayor and each
council member serve two-year terms with a consecutive three full term limit.
The mayor, in a council-manager form of government, is one of seven voting members of the
Council and serves as the ceremonial head and policy leader. The mayor presides at meetings,
serves as a spokesperson to the community, facilitates communication and understanding
between elected officials, advocates policy decisions, assists the Council in setting goals, and
serves as a promoter and defender of the community. In addition, the mayor serves as a key
representative in intergovernmental relations.
The council members in this form of government are the leaders and policy-makers elected to
represent various segments of the community and concentrate on policy issues that are
responsive to citizens’ needs and wishes. As a legislative body, the council members are the
community decision-makers. They approve the budget and determine the tax rate. The Council
focuses on community goals, major projects, and long-term considerations such as community
growth, land-use development, capital improvement plans, capital financing, and strategic
planning.
The City Council appoints the city manager, city attorney, city auditor, and municipal judge. All
other employees of the city report to the city manager. Pursuant to the City Charter, the Council
is prohibited from giving direction to City staff. The Council gives policy direction to the city
manager, who is responsible for its administration and implementation.
City Manager
The city manager is appointed by the council to serve the community through the professional
administration of local government projects and programs. The city manager prepares the budget
for the Council’s consideration; recruits, hires, and supervises the local government staff; and
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serves as the Council’s chief adviser by bringing forth objective information regarding policy
matters. The manager makes policy recommendations to the Council, which the Council may
adopt, modify, or reject.
City Attorney
The city attorney is appointed by the City Council. The City Attorney's Office serves as the legal
branch of the City, representing the City's legal interests and rights, providing legal advice, and
prosecuting criminal complaints. Among other things, the City Attorney’s Office drafts and
reviews the City's legal documents and issues legal opinions.
City Secretary
The city secretary administers the City’s board and commission program. The city secretary is
also responsible for conducting city elections, preparing and posting City Council meeting
agendas and minutes, and maintaining the official records of the City.
Staff Liaison
The city manager assigns a staff member to work with each board or commission. The staff
liaison’s role is to:
Prepare meeting agendas, staff reports and supporting information to the commission
prior to meetings.
Ensure compliance with the Texas Open Meetings Act.
Prepare board recommendations to the City Council and make presentations to the City
Council on behalf of the board.
Respond to board member requests for information related to the business of the board.
Board members do not have authority over the work program of city staff. Rather, the liaison
acts as an information resource and provides technical assistance. Board and commission
members may not direct city staff in the performance of their commission-related activities, nor
can they assign projects or direct the work of staff. A board or commission may request staff’s
assistance on various projects; however, the city manager must approve all requests which create
a substantial demand for a work product.
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GENERAL MEMBERSHIP INFORMATION
Appointments
Each City Council member is responsible for making nominations for board and commission
places assigned to him or her, which corresponds to the City Council member’s place.
Individual City Council members make nominations to the full City Council for the governing
body’s approval or disapproval. Council members will consider interested persons on a citywide
basis and review an individual’s qualifications, willingness to serve, and application information
in selecting nominations for service, and any prior board service/attendance, as applicable. The
City Council will make an effort to be inclusive of all segments of the community and will
consider ethnicity, gender, socio-economic levels, and other factors to ensure a diverse
representation of citizens. In an effort to ensure maximum citizen participation, council members
will continue the practice of nominating new citizens to replace board members who have served
three consecutive terms on the same boardthe maximum terms established by the Denton Code
of Ordinances.
Service Limitations/Terms
Members are usually appointed to a two-year term. Current City policy states that a member can
only serve three consecutive termsThe Denton Code of Ordinance currently establishes the
number of consecutive terms a member can serve. A board member who has served three
consecutivethe maximum terms established by the Denton Code of Ordinances shall not be
eligible for reappointment to that same board for a period of one year. However, appointment to
a different board is permitted.
Termination of Appointment
A member’s appointment to a board can be terminated by written resignation from the member,
or by action of the City Council pursuant to the Denton Code of Ordinances. Examples of
removal for cause are failure to meet attendance requirements, complete City-mandated ethics
training (as applicable), and/or no longer meeting residency/registered voter requirements. The
examples are not a comprehensive list of reasons of why termination or removal may occur.
Members continue to hold over past a term end date until the member resigns or is replaced. A
resignation may be submitted to a city official, member of city staff, or another member of the
board and shall become effective immediately. Once the resignation has been submitted to any
of the above-noted individuals, that resignation cannot be withdrawn.
Oath of Office
Board members are required to take one or more oaths of office. Consult the City Secretary’s
office to make sure you have taken and signed such oaths before serving as a board member.
The corresponding staff liaison is also responsible for ensuring all documents finalizing the
appointment processes have been completed before allowing a member to participate in a
meeting.
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Orientation and Training
Board members are required to participate in an annual training session(s) provided by the City
Secretary’s Office. These training session(s) will be scheduled as a regular agenda item by your
board’s staff liaison. Members are also required to complete open government training
through the Texas Attorney General’s Office. Training is available online at
www.texasattorneygeneral.gov. Upon completion of training, members must submit a
completed certificate to the city secretary.
Staff liaisons are encouraged to meet with “new” appointees well in advance of the first meeting
to provide a general overview of the board’s responsibilities, agenda/meeting process, and any
other issues relevant to the board, commission or committee.
Attendance1
You, as an interested and informed citizen, are essential to effective local government. Because
your viewpoint is so valuable to the City Council members, they take your appointment,
attendance, and involvement on a board very seriously and ask that you do also.
The Council is aware that board members have careers and other responsibilities that demand
their time. However, because of the importance of citizen boards, the City Council asks that
each new board member make every effort to attend all meetings of the board and notify the
chair or appropriate staff liaison of their board in advance if they will be unable to attend a board
meeting.
Per §2-83(c) of the Code of Ordinances of the City of Denton (appendix i), an excused absence
shall include personal or family illness, death of a family member, jury duty, service in the
armed forces, testifying before the legislature, attending a seminar involving municipal matters
of importance to the member’s duties, absence necessary for the member’s business or
employment, and any related emergencies or other matters which the board finds qualifying as
an excused absence.
Per §2-83 (c) Code of Ordinances, the unexcused absence of any board member from more than
three regularly called and scheduled meetings of the board of which he or she is a member in any
one year or lack of attendance at 50 percent of the number of regular meetings in a year, unless
such absence is excused,, shall be considered “cause,” as that term is used in §14.16 of the
Charter of the City of Denton for removal of said member by the City Council from such board.
In the event thatIf a board member violates the above attendance policy, the staff liaison shall
immediately notify the City Secretary. The City Secretary will contact the member in writing
and ask the board member to submit a letter of resignation to the City Secretary make a decision
about whether their current schedule will allow continued service. The letter will encourage the
member to submit a letter of resignation to the City Secretary if the board or commission
member feels their schedule will not allow continued service.
1 Not applicable to City Council committees.
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The attendance of all members shall be recorded by the staff liaison and forwarded to the City
Secretary on a quarterly basis.
Removal from Office
In the event a new member fails to submit the required appointment forms (oath of office,
appointment of officer, and/or affirmation of qualifications) within 14 days of notice of
appointment or make an appointment with the City Secretary’s office, or complete the open
government training within the timeframe specified by the Office of the Attorney General, that
failure shall constitute for-cause removal as outlined in City Charter, Article XIV, Section 14.16.
At that time, the City Secretary’s office shall send written notification to the member of such
failure. In the event the member fails to respond within 10 business days of a notification letter
from the City Secretary pursuant to this section or the section on Attendance, the City Secretary
shall draft a resolution for the next available agenda to remove the member and provide notice as
required under §14.16 of the Charter of the City of Denton.
Minutes
The staff liaison will provide a staff member at the meeting of each board to take minutes of each
meeting in a form consistent with City Council meeting minutes as prescribed by the city
secretary to reflect an accurate record of business transacted at the meeting. Minutes of the
meeting will be submitted for approval by the members present at the next meeting with
revisions, corrections, or amendments being made at that time. The approved minutes shall be
signed by the presiding officer of that meeting and forwarded to the City Secretary’s office on a
quarterly monthly basis. Preparation of the Minutes shall clearly outline the agenda captions
applicable to the item being recorded. For retention purposes, all agendas and minutes shall be
digitized and saved by the end of each calendar year. The retention period shall be as prescribed
by the City Records Management Policy.
The City Secretary is authorized to transfer any such records to the City Archivist for historical
preservation purposes as deemed appropriate.
Election of Officers
Procedures for the election of officers for appointed boards are established to ensure consistency
with the City Council’s goals and policies in making board appointments. Except where
otherwise provided by state law, federal law, City Charter, or City ordinances or resolutions,
election of officers for City of Denton council-appointed boards will be as follows:2
• The chair and vice-chair will be elected by voting board members.
• Election of officers shall be annually as soon as practicable after the annual
appointment process. If, for any reason, the chair or vice-chair vacates their seat,
2 Check with staff liaison for special rules that apply to your board.
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a special election should be held to fill the unexpired term. A temporary chair
may be selected by the board pursuant to Roberts Rules of Order.
• The staff liaison, designated by the City Manager, shall serve as the official
secretary to the board or commission to ensure records are maintained in
accordance with requirements of the City Secretary’s office.
• The City Council shall reserve the right, as deemed necessary in individual
instances, to appoint the chair and vice-chair for any special issue or temporary
advisory committees. If the City Council chooses not to make the appointment
for chair and vice-chair, then the procedure outlined in this policy will apply.
Questions regarding the election of officers should be directed to the city attorney through your
staff liaison.
Ethics Policy
Pursuant to Resolution No. R2006-003, as may be amended, the City Council has adopted an
ethics policy that applies to all council members and appointed city officials, including board and
commission members, depicted below. Note the ethics policy lists some state penal laws that
may be applicable to members. A copy of the policy is included in the appendix section of this
handbook. Please consult the city attorney with any questions about the policy.
[INTENTIONALLY LEFT BLANK
CONTINUED ON NEXT PAGE]
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Ethics Ordinance
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The City Council adopted Ordinance No. 18-757 establishing a Code of Ethics, applicable to the
City Council, Board of Ethics, Historic Landmark Commission, Planning and Zoning
Commission, Public Utilities Board, and Zoning Board of Adjustment. It further outlines ethical
standards that all boards/commissions should be aware of. This information is provided by the
City Secretary’s office at the time of (re)appointment. Annual training is required and
coordinated through the City Auditor’s office. The most up-to-date Ethics Code can be found at:
https://library.municode.com/tx/denton/codes/code_of_ordinances?nodeId=SPA
COOR_CH2AD_ARTXIET.
Communication with City Council
In accordance with Resolution R2012-030, upon consensus of a board or commission, such
board may request that staff propose questions regarding public policies or prepare policy
statement recommendations regarding a matter that clearly falls within the scope and purpose of
the board. Such policy recommendations or questions, once approved by a majority of the board
or commission, will be forwarded to the City Council for their response or consideration as the
Council determines appropriate.
Boards and commissions may provide an annual or more periodic report to the City Council as
appropriate outlining their activities, accomplishments, projects, and initiatives. Content of the
report may be customized by each board. Upon approval of a majority of the board, Ssuch
reports will be forwarded provided to the City Secretary’s office to be forwarded to the entire
City Council upon approval of the majority of the board.
Advisors, Subcommittees, and Ad Hoc Committees
No City board shall appoint persons outside its membership as advisors or to subcommittees, ad
hoc committees, or other accessory entities without prior approval of the City Council.
The following provisions of the handbook are not applicable to Citizen Task Forces, Ad Hoc
Boards, Commissions, and Committees:
a. Service Limitations
b. Oath of Office
c. Orientation and Training
d. Penalties and Remedies for TOMA Violations
Additional Guidelines for City Council Committees
• Committees will generally be formed by resolution which will provide for the
committee’s membership, election of chair and vice chair, and purpose.
• No more than three Council members shall serve on any committee.
• Council committee meeting agendas will be posted in accordance with the Open
Meetings Act, Chapter 551 of the Texas Government Code. The Open Meetings Act
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requires committee meeting agendas must be publicly posted at least 72 hours in
advance of the meeting. Only items posted on the agenda may be discussed and/or
action taken during the committee meeting.
• The committee may convene into closed session in compliance with the Open
Meetings Act.
• Robert’s Rules of Order pertaining to small assemblies may be consulted regarding
the conduct of the committee meetings.
• A quorum of the committee members must be present to hold a committee meeting or
to take committee action. A quorum is considered to be more than half of the Council
committee members unless otherwise stated in the Denton Code of Ordinances.
• Each member of the committee shall have one vote and members must be present to
cast a vote.
• A draft of meeting minutes shall be sent to all committee members within two
weeksas part of the upcoming agenda packet. Such draft may be distributed to the
City Council upon direction of the City Manager. Minutes will be submitted for
approval by the members present at the next meeting with revisions, corrections, or
amendments being made at that time. However, the chair may direct the draft
minutes be shared with the entire City Council when the information regarding the
action of the committee is needed to conduct official business and the draft minutes
have not been officially approved by the committee.
• The acts of the majority of the members present at the meeting are the acts of the
committee.
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CONFLICTS OF INTEREST
The State’s conflict of interest law, Chapter 171 of the Texas Local Government Code, although
only applicable to officers of the City, has been made applicable to all board members, whether
advisory or governmental, by Denton’s Charter. However, the penal provisions of Chapter 171
are not applicable to advisory board members.
Chapter 171 requires a board member with substantial interest in a business entity or real
property to file an affidavit with the staff liaison and abstain prior to a vote or decision on any
matter involving the business entity or real property if the action on the matter will have a special
economic effect on the business entity distinguishable from the effect on the public, or if it is
foreseeable that the action on the matter will have a special economic effect on the value of the
real property, distinguishable from its affecteffect on the public. For example, the Attorney
General (AG) has opined that a special economic effect on the value of real property
distinguishable from the affect on the public exists when a P&Z board member has an interest in
real property located within 200 feet of property being rezoned. However, the AG made it clear
that these evaluations are highly fact intensive. Ask yourself the question, will this action before
my board affect the value of my real property in a manner that is different from public at large?
You have a substantial interest in a business entity (non-profit or government entity is not
a business entity) if:
1. You own 10 percent or more of the voting shares of the business entity or own
either 10 percent or more or $15,000 or more of its fair market value; or
2. You received funds from the business entity exceeding 10 percent of your gross
income for the previous year.
You have a substantial interest in real property if the interest is an equitable or legal
ownership with a fair market value of $2,500 or more.
You have a substantial interest if your close relative (within the first degree of
consanguinity and affinity) has a substantial interest.
A violation of Chapter 171 is a Class A misdemeanor.
If you think you have a Chapter 171 conflict, contact the staff liaison prior to the meeting to
make arrangements for the signing of the required affidavit. The affidavit must be signed prior
to the item being considered. You should announce that you have a conflict at the meeting and
excuse yourself from the room while the item is being considered. You should not participate on
the matter, including contacting members of the board or staff concerning the matter. However,
if you have any questions whether you have a Chapter 171 conflict, consult the City Attorney’s
office. The staff liaison is responsible for timely submitting such affidavit(s) to the City
Auditor’s office.
Incompatibility of Office
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The common law doctrine of incompatibility of office prohibits you from holding two
conflicting public offices. This only applies to governmental board members. You cannot hold
another public office that conflicts with your duties with the board. Because this is very fact
sensitive, you should consult with the City Attorney’s office if you hold another public office.
You should do this prior to being sworn in as a governmental board member, as your acceptance
of the governmental board appointment may result in the automatic forfeiture of your other
public office.
Appearance of Conflict
There are times you will have a perceived conflict of interest even though it is not a conflict that
is prohibited by law or the City Code of Ethics for applicable boards/commissions. In those
cases, you should make a judgment call as to whether you should abstain from the matter. The
City’s Ethics Policy states:
“I will act with integrity and moral courage. I will be absolutely truthful. I will make
impartial decisions that are free of bribes, unlawful gifts, narrow political interests and
other personal interests that might impair my independence of judgment. I will always
decide what is best for the whole city…”
If you think the perceived conflict affects your ability of independent judgment or there is a
strong appearance that you lack the ability to divorce yourself from the perceived conflict in
making a decision, you should carefully consider whether abstention is appropriate. Often, these
are difficult judgment calls for which there are no absolute right answers. In making your
decision, you should weigh the harm of participating against your general duty to serve on the
board. You have a duty to participate and vote on all matters that come before the board, unless
you have a conflict or you lack information to decide the issue. Do not hesitate to contact your
staff liaison who will refer the inquiry to the appropriate consult with the City Attorney’s office
for guidance.
Chapter 176 Conflicts Disclosure
Chapter 176 of the Texas Local Government Code requires you to file a Conflicts Disclosure
Statement (“CIS”) with the City Secretary if you or your family member (a) has an employment
or business relationship with a City contractor or vendor that results in taxable income, or (b)
received or accepted one or more gifts from a city Contractor or vendor (excluding gifts of food,
lodging, transportation, or entertainment accepted as a guest) with an aggregate value of $250
$100 in the preceding 12 months. You are required to file the form within seven days after you
become aware of the relationship with the City. The CIS is signed under penalty of perjury and
it is a Class C misdemeanor to fail to timely file the form. However, it is a defense to
prosecution if you file the CIS not later than the seventh day after you receive notice of violation.
Therefore, you have two chances to comply.
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Appearing before City Boards and Commissions
If you appear before your own board or commission in a private capacity, you must recuse
yourself from any deliberation regarding that or any matter which could result in a conflict of
interest or give the appearance of a conflict of interest. Further, you must not insinuate you are
representing your board or commission in the event you choose to appear before the City
Council or other board or commission. You must be clear regarding which capacity you are
appearing, either as a board member or a private citizen.
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TEXAS OPEN MEETINGS ACT
By City Council rule, all boards must comply with the Texas Open Meetings Act. The Act
generally provides that meetings of a governmental body shall be public, although there are a
few exceptions whereby a decision-making body may deliberate in a closed meeting. Written
notice must be given of dates, times, and locations of all meetings. Minutes of each meeting must
be taken and a record of votes and decisions kept as public record. There are criminal penalties
for holding an unauthorized closed meeting for boards with decision-making authority. It is
important that when more than two members are in any given place where City business is being
discussed, the meeting should be posted as a precautionary measure to avoid the accusation of
attempting or conspiring to conduct City business in private. It is also very important that the
board limit discussion during meetings to only those items listed on the posted agenda.
Conversation or action on items not posted on the agenda would also be considered a violation of
the Act. The Open Meetings Act does not apply to purely social gatherings, conventions, or
workshops such as Texas Municipal League events. Any specific question or issues should be
referred to the City Attorney’s office, through the staff liaison.
Open Meetings Act
The Open Meetings Act (hereinafter called the “Act”) is located in Chapter 551 of the Texas
Government Code. The Act generally provides that meetings of a board shall be public. There
are exceptions to this general rule, as will be discussed. It also requires that the public be given
notice of the time, place, and subject of such meeting. It is important to remember when
considering the Act’s requirements that compliance with its provisions is mandatory, not
discretionary.
What Constitutes a Meeting?
A. Definition of Meeting
A board becomes subject to the Act when it conducts a meeting. A meeting is “a deliberation
between a quorum of a governmental body, or between a quorum of a governmental body and
another person, during which public business or public policy over which the governmental body
has supervision or control is discussed or considered or during which the governmental body
takes formal action.” It also includes “a gathering: (i) that is conducted by the governmental
body or for which the governmental body is responsible; (ii) at which a quorum of members of
the governmental body is present; (iii) that has been called by the governmental body; and (iv) at
which the members receive information from, give information to, ask questions of, or receive
questions from any third person, including an employee of the governmental body, about the
public business or public policy over which the governmental body has supervision or control.”
The definition specifically includes a session of a board.
The term “deliberation” is important to define what a meeting is under the Act. Deliberation is
“a verbal exchange during a meeting between quorums of a governmental body, or between a
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quorum of a governmental body and another person, concerning an issue within the jurisdiction
of the governmental body or any public business.” Included in the meaning of a verbal exchange
is written and non-spoken communications.
B. Social Gatherings
The Act specifically excludes informal or social functions from the definition of meeting.
However, if a quorum of a board assembles in an informal setting, it will still be subject to the
requirements of the Act if the members engage in a verbal exchange about public business or
policy. Therefore, it is important for members of a board to be cautious about the topics of
conversation at social gatherings where a quorum of the body is present.
C. Employee Briefings
Prior to 1999, the Act permitted a board to have briefings by third parties or employees outside
of open session. However, the 76th Legislature repealed that provision. The definition of
“meeting,” as restated above, was amended to specifically include such briefings. Now, a board
will be subject to the Act during briefings, even if no deliberations occur. Further, a board may
be subject even during public comment sessions of meetings.
D. Telephone and Videoconference Meetings
Telephone meetings do not comply with the Act. It is considered a secret deliberation, which is
not permitted. There are very limited emergency cases whereby it could be conducted.
However, any such telephone conferencing should never be conducted without consulting the
City Attorney’s office. Videoconferencing is allowed only in limited circumstances, and
consultation with the City Attorney’s office should occur before videoconferencing is
considered.
Notice
A. Content
The Act specifically requires that before a meeting of a board is conducted, written notice of the
date, hour, place, and subject matter of the meeting must be properly posted. The content of the
notice must be sufficient to apprise the general public of the subjects to be considered at the
meeting. Compliance with this provision is often very fact specific. Therefore, it is
recommended that the board work closely with the staff liaison and either the City Manager’s
office or the City Attorney’s office when posting the subject matter of each proposed meeting in
order to ensure compliance.
B. Place of Posting
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The Act provides for specific places to post the notice of a meeting, depending on the type of
governmental body. For municipal governing bodies, notice should be posted on a bulletin board
at a place convenient to the public in the City Hall. Additionally, the City Council agenda must
be posted on the City’s website. The City Secretary’s office and/or staff liaison to the board will
be able to properly place the notices.
C. Time of Posting
The notice of a meeting of a board must be posted in a place readily accessible to the general
public at all times at least 72 hours before the scheduled time of the meeting. There are very
few emergency exceptions to this rule. In cases of emergency or urgent public necessity where
there is an imminent threat to public health or a reasonably unforeseeable situation, a two-hour
posting is permitted. The notice must clearly identify the emergency or urgent public necessity.
A determination that an emergency exists is subject to judicial review. Before any deviation
from the “72 Hour Rule,” the City Attorney’s office should be consulted.
D. Recess in a Meeting
A board may continue a meeting from one day to the next day without reposting on any item(s)
noted on the original posting. However, notice must be reposted if a meeting is continued to any
day other than the one immediately following the posted meeting day, or any item that must be
considered.
Open Sessions
A. Convening the Meeting
A meeting may not convene unless a quorum of the board is present in the meeting room. This
rule applies even if the members of the board plan to go into closed meeting after convening the
meeting. This applies the general rule that the members of the public are entitled to know what
members are present for the closed meeting and if a quorum is present.
B. Rights of the Public
An “open meeting” is one that the public is permitted to attend. However, the Act does not
entitle the public to choose items to be discussed or to speak about agenda items.
The public or any of the board members may raise a subject not included in the agenda, but the
discussion must be limited to a proposal to include that item on the agenda for the next meeting.
Moreover, the public has a right to tape or record any open meeting. However, the board has the
right to regulate the placement of equipment and the manner in which the meeting is being
recorded.
C. Public Comment
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A board may give members of the public an opportunity to speak at a public meeting. If such a
public comment period is permitted, the board may set reasonable limits on the number,
frequency, and length of the presentations before it. However, it cannot unfairly discriminate
among speakers for or against a particular point of view. Moreover, many quasi-judicial boards
are bound legally to permit certain citizens to speak on specific agenda items that relate to the
citizen’s property. Because such a period is included in the definition of a meeting, it must be
posted in the notice of the meeting. The term “public comment” does provide sufficient notice
of one of these periods when no deliberation occurs among the board. However, if any of the
members of the board or its employees have prior knowledge of the subject matter to be
commented on by the public, the item to be discussed must be specifically posted on the notice.
D. Final Actions
The general rule is that a final action, decision, or vote on a matter deliberated in either an open
session or a properly conducted closed meeting (discussed below) may only be made in an open
meeting that is held in compliance with the Act. Therefore, a board may not vote with a secret
ballot or take action by a written agreement without a meeting. The general rule is that if the
board has the authority to make a decision or take an action, the board should act in open session.
The only exception to this rule is a closed meeting for the purpose of discussing competitive
matters of a public utility, which will be discussed below.
Closed Meetings
A. Overview
There are a few exceptions listed within the Act, whereby a board may deliberate in a closed
meeting. It is important to remember that pursuant to City policy, if a board of the City of
Denton wishes to conduct a closed meeting, the City Attorney’s office must be consulted to
avoid any violations of the Act. A request for a member from the City Attorney’s office should
be submitted to that office as soon as possible to provide for legal representation at the closed
meeting, if applicable. A certified agenda for that closed meeting must be submitted to the City
Secretary’s Office within 3 working days, unless otherwise stated under Section B below.
Before a closed meeting may be conducted, a quorum of the board must convene in open session,
and the presiding officer must announce that a closed meeting will be held and then identify the
section(s) of the Act under which the closed meeting will be held. The posted agenda must also
state the specific provisions of the Act under which any closed meeting will be held and a
general statement as to the topic to be discussed.
B. Provisions Authorizing Closed Meetings
Listed below are the most common exceptions available to boards. It is important to remember
that the Act will not permit a closed meeting in cases where the City’s Charter or another law
requires it to be open.
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1. Section 551.071: Consultations with Attorney
This section allows a board to consult with its attorney in a closed meeting to seek his or
her advice on legal matters. This section is often invoked in order for a board to consult
with its attorney regarding pending or contemplated litigation. However, it may be held
to discuss other legal matters. A discussion under this exception may relate only to legal
proceedings or legal matters. General discussion of policy, unrelated to legal matters, is
not permitted under this exception. [A certified agenda for this category is not required
for discussions held under this category.]
2. Section 551.072: Deliberations about Real Property
This section permits a board to deliberate the purchase, exchange, lease, or value of real
property in closed meeting. However, this will only be allowed in closed meeting when
public discussion of the subject would have a detrimental effect on the board’s
negotiation position with respect to a third party. It does not allow the board to make a
deal in private, without public input or debate.
3. Section 551.073: Deliberations about Gifts and Donations
This section permits a closed meeting to deliberate a negotiated contract for a prospective
gift or donation to the governmental body. However, this is only allowed if deliberation
in an open meeting would have a detrimental effect on the position of the board with a
third party as explained above.
4. Section 551.074: Personnel Matters
This section permits a closed meeting to deliberate about officers and employees of the
board. It is important to note the primary interest protected by this section is the
protection of the reputation of the individual officer or employee under consideration.
Moreover, this section only permits deliberation in closed meeting on individual officers
or employees. Discussion about a class of employees must be conducted in open session.
Also, the public officer or employee that is the subject of the meeting may request that
session occur in a public hearing.
5. Section 551.075: Deliberation about Security Devices
This section permits a closed meeting to deliberate the deployment, or specific occasions
for implementation of security personnel or devices.
6. Section 551.086: Competitive Matters of Certain Public Power Utilities
This section permits certain boards of public power utilities to deliberate, vote, or take
final action on any competitive matter related to the utility in closed meeting. A
competitive matter is defined as: “a utility-related matter that the public power utility
governing body in good faith believes is related to the public power utility’s competitive
Page | 23
activity, including commercial information, and would, if disclosed, give advantage to
competitors or prospective competitors but may not be deemed to include” several
categories of information specifically set out in the Act. Further, notice of the subject to
be discussed in the session is required to contain no more than a general representation of
the subject matter.
7. Section 551.087: Deliberation about Economic Development Negotiations
This section permits a closed meeting to deliberate commercial or financial information
the board has received from a business prospect that it seeks to have locate, stay, or
expand in or near the territory of the board and with which it is conducting economic
negotiations, or deliberating about a offer of an incentive to such a business prospect.
Records of Meetings
The Act requires that minutes or a tape recording be kept of each open meeting. These shall be
considered public information. Moreover, during a closed meeting, either a certified agenda or
tape recording of the session must be kept, except as provided under the Texas Local
Government Code, section 551.103, which states, in part, “… except for a private consultation
permitted under section 551.071…”. The records kept for the closed meeting are considered
confidential information and may not be released unless ordered by a court.
Penalties and Remedies for Violations of the Act
A. Voidability of a Boards Actions
If any action by a board violates any provision of the Act, that action is voidable. This means
that any interested party may challenge an action of the board in court. If a court finds a
violation of the Act occurred, it might declare the particular action by the board is void.
A board that has taken action that violates the Act may meet again and validly authorize that
action at a meeting where the public has received adequate notice. However, this action is
generally effective only from the date of the new meeting and only if the new meeting complies
with the Act.
B. Mandamus, Injunction, or Declaratory Judgment
The Act provides that any interested person, including a member of the news media, may bring
an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened
violation of the Act. To enforce provisions of the law, a court may require a public official to
perform duties imposed on him by law by issuing a writ of mandamus. A mandamus commands
the doing of an act, whereas an injunction is issued to restrain an act. Courts have also allowed
parties to bring a declaratory judgment action. In this type of proceeding, a court would be
authorized to determine the rights, status, duties, and other legal regulations of various persons,
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including the public officers. Thus, a court may determine the validity of a board’s actions under
the Act in such a proceeding.
Furthermore, the Act provides that a court may award reasonable attorney fees and litigation
costs to the party who substantially prevails in an action brought under the Act. This relief is not
mandatory, but rather up to the court. Further monetary damage may be awarded against a board
that violates the Act if a court finds the action caused direct monetary damage to the aggrieved
party.
C. Criminal Provisions
A very important issue to note is that the Act does provide for criminal penalties for violations.
A member or group of members of a board commits a criminal offense if they knowingly
conspire to circumvent the Act by meeting in numbers less than a quorum for the purpose of
secret deliberations.
A member of a board commits an offense if a closed meeting is not permitted by the Act and the
member knowingly: (1) calls or aids in calling or organizing the closed meeting, whether it is a
special or called closed meeting; (2) closes or aids in closing the meeting to the public, if it is a
regular meeting; or (3) participates in the closed meeting, whether it is a regular, special, or
called meeting. It is an affirmative defense if the member acted in reasonable reliance on a court
order or a written interpretation of the Act contained in an opinion of a court of record, the
Attorney General, or the attorney for the board.
Also, a member of a board commits an offense if the member participates in a closed meeting
knowing that a certified agenda of the closed meeting is not being kept or a tape recording of the
meeting is not being made.
Another offense is committed when any person, corporation, partnership, without lawful
authority, knowingly disclosed to the public the certified agenda or tape recording of a lawfully
closed meeting.
Penalties for violation of the Act are a misdemeanor offense, punishable by a fine of not less than
$100 or more than $500 and/or confinement in the county jail for not less than one month or
more than six months between $100 and $500, one to six months in jail, or both.
Open Government Training
The City of Denton requires all board members to complete open government training through
the Texas Attorney General’s Office. Training is available online at
www.texasattorneygeneral.gov. Upon completion of training, members must submit a
completed certificate to the city secretary. Please contact the city secretary or city attorney for
specific questions about open meetings requirements.
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PROCEDURES FOR CONDUCTING A MEETING
The City Council has formally adopted rules of procedure that govern the proceeding of City
Council, board, and commission meetings, except where these rules are silent. In that case, the
most recent edition of Robert’s Rules of Order shall govern. The rules of procedure also address
the code of conduct and participation guidelines for citizens, staff, and board members. The City
Council Rules of Procedure can be found at:
https://library.municode.com/tx/denton/codes/code_of_ordinances?nodeId=SPAC
OOR_CH2AD_ARTIIADOR_S2-29CICORUPR
Role of the Chairperson
The function of the chairperson is to provide leadership to the group in the following ways:
1. To maintain order by enforcing the established rules, and
2. To ensure the meeting proceeds smoothly and follows the agenda.
If the group is indecisive, the chairperson should exercise leadership and make suggestions.
When debate is concluded, the chairperson should summarize the major points made. In general,
the chairperson should maintain order and try to bring the group to a conclusion on matters
before it.
To facilitate the chairperson’s duties, staff should always provide copies of the agenda and
corresponding back up material (in either hard copy or electronic form) to all board members
before the meeting. Agendas should also be provided tomust be made available at the meeting
for any members of the public in attendance. The agenda should be prepared by the staff liaison
assigned to work with the board.
Rules of Thumb
Here are a few obvious points that should be followed, but are often forgotten:
1. The chairperson should recognize the person or persons who wish to speak and
only they should be allowed to speak. Others should hold their comments until
they have the floorbeen recognized by the chairperson.
2. Discuss only one point at a time.
3. If the meeting is a public hearing, the board should hear the public without
making comments until questions are allowed by the chairperson.
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Procedural rules of Order
NOTE: While this review of parliamentary procedures has been designed to cover the most
common situations a board member may encounter during the course of a meeting, these
procedures may not always apply. They may be superseded because of legal constraints if the
meeting is a public hearing. However, these basic procedures are usually acceptable during most
meetings. Answers to complicated procedural questions can be found in Robert’s Rules of
Order.
1. Making a motion – Before discussion of an issue by board members, a motion should be
made and seconded. The making of a motion normally occurs following a presentation
or description of the issue by a staff member or chairperson. After the motion is made
and seconded, debate can be conducted. Example of the proper form of a motion is:
“Mr./Madam Chairperson, I move the following…”
2. Amending a motion – Any motion may be amended as follows: “Mr./Madam
Chairperson, I move that we amend the motion by adding, deleting, etc. the following…”
The amendment must be seconded before discussion can ensue. When discussion ends,
the amendment is voted on first. If the amendment passes, the original motion is then put
to vote as amended. If the amendment fails or receives no second, the original motion is
put to a vote.
3. Change by a Substitute Motion – Another way to change an original motion is by use of
the substitute motion. A substitute motion is simply an amendment that changes an
entire sentence or paragraph. It must be seconded before discussion can take place. It
may be amended and differs only from an amendment in that if the substitute motion
passes, it eliminates the original motion.
4. Table a Motion – This motion is used to lay something aside temporarily to take care of a
more urgent matter. It should not be used to prevent debate or to kill a question. To table
an item requires a motion and a second. A vote is immediately taken without discussion.
Once it has been decided to table an item, such item cannot be brought up again until the
board votes to do so by a motion to “Take from the Table”, which must receive an
affirmative vote. Once removed from the table, the item can be discussed and voted
upon.
A question laid on the table remains there until taken from the table or until the close of
the next regular meeting; if not taken up that time, the question dies.
5. Postpone a Motion – Another method of delaying a decision on a matter is to postpone to
a certain day, or to a certain event with a reasonably definable date, the consideration of a
motion. This is accomplished by simply making a motion to postpone consideration of
the motion until a definite future date or event and having it seconded. The motion to
postpone is then open for discussion. Following discussion, a vote is taken. A motion to
postpone indefinitely is a parliamentary strategy which allows members to dispose of a
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question without making a decision for or against. This type of motion, if passed, allows
the item to return before the board or commission at a later date.
6. Point of Order – Any time a member feels an incorrect procedure is being used, the
member can interrupt with a point of order request which requires the chairperson to
decide the correct procedure.
7. Suspension of the Rules – Occasionally, board members may want to discuss a business
item without the constraints of any rules. Unless the by-laws require otherwise, a two-
thirds (2/3) vote of the members is needed to suspend the rules. This motion is not
debatable and must be voted on upon being seconded.
8. Tie Votes – With the exception of the Planning and Zoning Commission, matters voted
on by boards, commissions, and committees, which end in a tie-vote, regardless of the
cause, shall be considered a denial. This provision applies to all task forces, ad hoc
committees, or other limited duration groups established by the City Council.
What is a Quorum?
A quorum is the minimum number of members needed to officially conduct business. The
quorum may be set by state law, the City Charter, the board’s by-laws, or Robert’s Rules of
Order. Generally, a quorum is a majority of the members of a board or committee unless a
different quorum is fixed by by-laws or by rule of the parent body. Approval of an action, except
as otherwise provided by law, rule or regulation, requires a majority vote of persons legally
entitled to vote, excluding abstentions, at a meeting at which a quorum is present.
Public Participation
The rules of procedure accommodate public comment on agenda items and public hearings.
Members of the public may sign up to speak on regular agenda items by signing up with the
recording secretary. Members of the public are also able to speak on items posted as a public
hearing. Speakers generally have four minutes to address the board regarding the specific item.
Further information regarding public participation may be found in the rules of procedure in the
appendix section of this handbook. The agenda should reflect an item specifically designed to
allow for such registration and may limit the number of individuals that can register.
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BOARDS, COMMISSIONS & COUNCIL COMMITTEES
I. JUDICIAL OR QUASI-JUDICIAL BOARDS (Governmental Board Members)
Boards that use decision-making powers apply particular regulations to specific facts to make
judgments or decisions on matters within their jurisdiction. The following six
board/commissions are judicial or quasi-judicial boards, those that administer particular
ordinances or regulations.
Board of Ethics
Established by Ordinance 18-757 (§2-277 of the Code of Ordinances)
Membership: Seven regular members and three alternate members appointed by the City
Council. Preference in appointments shall be given to professionals such as attorneys,
architects, engineers, doctors, teachers, pastors, mediators, retired jurists, licensed
professional counselors, and those with licenses demonstrating high levels of education or
master craftsmanship in the building trades. The Board shall be comprised of at least three
(3) members who are attorneys or retired jurists.
Purpose: Implements and enforces the Ethics Ordinance; administers oaths and affirmations,
issues and enforces limited subpoenas to compel attendance of witnesses and the production
of testimony, evidence, and/or documents as is reasonably relevant to complaints regarding
violation of the ethics ordinance.
Civil Service Commission
Established by Chapter 143 of the Texas Local Government Code.
Membership: Three members appointed by City Manager and confirmed by City Council.
Purpose: Ensures compliance with Chapter 143 of the Texas Local Government Code
governing police and fire. The duties of the Commission include approval of eligibility hiring
lists and holding hearings, upon appeal, on matters of promotions, performance,
reclassifications, and other civil service issues.
Denton Housing Authority Board
Established by Chapter 392 of the Texas Local Government Code.
Membership: Five members appointed by the Mayor.
Purpose: Prepares, acquires, leases, and operates housing projects. The Board also
investigates housing conditions to determine when and where an economically depressed
neighborhood exists, identifies revitalization areas, and provides accommodations for
Page 29
persons of low income. Although appointed by the Mayor, the Housing Authority Board
operates independently from the City of Denton.
Health and Building Standards Commission
Established by Ordinance 2010-133 (§2-261 of the Code of Ordinances).
Membership: Seven members appointed by the City Council with two alternates
o One (1) general contractor
o One (1) architect or engineer
o One (1) person from the plumbing industry
o One (1) person from the electrical industry
o Two (2) individuals who are assocatedassociated with the construction, development,
or real estate industry
o One (1) additional member
Ex-officio – city building official.
Purpose: Hears and decides appeals of orders, decisions or determinations made by the
Building Official, Code Official, or Fire Marshal made pursuant to Chapters 13, 14, 17, 28
and 29 of the Code of Ordinances; makes reasonable interpretations or rulings in matters
properly before it pursuant to Section 2-460relative to the application and interpretation of
the requirements of the Denton Code of Ordinances and all other applicable codes of/adopted
by the City of Denton.
Historic Landmark Commission
Established by Ordinance 1980-030 (§35.4.3 of the Denton Development Code).
Membership: Nine members appointed by the City Council, including at least one (1)
representative from each of the following organizations or professions:
o County historical commission
o County bar association
o Architect
o Certified public accountant
o Owner of real property in the city
Ex-officio – Director of Planning, City Building Official, Chairman of the County Historical
Commission.
Purpose: Recommends to the Planning & Zoning Commission and City Council those
buildings, structures, sites, districts, and areas in the city that the Commission has determined
should be preserved and designated as historic landmarks. The Commission also regulates
design review for designated properties and districts.
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Planning & Zoning Commission
Established by §10.02 of the City Charter; also referenced in §35.4.1 of the Denton
Development Code, Section 35.4.1.
Membership: Seven members appointed by the City Council.
Purpose: Makes decisions or recommendations to the City Council regarding the
Comprehensive Plan, Development Code, zoning regulations, long-range planning, zoning
changes, platting, and other development-related policies as required or permitted by State
law or Council policy.
Zoning Board of Adjustment
Established by §10.07 of the City Charter; also referenced in §35.4.2 of the Denton
Development Code, Section 35.4.2.
Membership: Seven members and three alternate members appointed by the City Council.
Purpose: Provides a vehicle for citizens to appeal zoning interpretations and decisions of the
Building Official, and request variances from the zoning and sign regulations in the Denton
Development Code. The Board may also make final decisions regarding changes, the
reestablishment, or termination of nonconforming uses within the city.
II. ADVISORY BOARDS
Advisory boards advise or make recommendations to a person or the City Council and have no
final decision-making authority. The following bodies serve in an advisory function:
Airport Advisory Board
Established by Ordinance No. 97-299; amended by Ordinance No. 2011-055 (§3-2 of the
Code of Ordinances).
Membership: Seven members appointed by the City Council.
Purpose: Serves in an advisory capacity to the City Council on matters relative to airport
safety, flight and ground operations, safety and security issues arising from the creation and
development of long-term master plans; tenant/stakeholder outreach; the Airport Business
Plan and the Airport Master Plan; airport infrastructure improvement or other major projects
impacting the airport; grant funding for the airport; and long term financial planning and
budgetary issues affecting the airport.
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Animal Shelter Advisory Committee
Established by Ordinance No. 2000-460; amended by Ordinance No. 2006-230 and §823.005
of the Texas Health & Safety Code (§6-6 of the Code of Ordinances).
Membership: Seven members appointed by the City Council, composed of at least:
o One (1) licensed veterinarian who has a principal place of business or a residence
in the City of Denton
o One (1) county or municipalcity official
o One (1) person whose duties include the daily operation of an animal shelterwho
is employed by the City of Denton Animal Shelter
o One (1) representative from of an animal welfare organization
o Three (3) people who are not involved by occupation or membership in any of the
above categories
Purpose: Assists the City in complying with the provisions of the Animal Shelter Act and
makes recommendations to the City Council regarding methods and procedures necessary to
ensure compliance with the Act.
Committee on Persons with Disabilities
Established by Resolution 18-1741
Membership: Eleven citizens appointed by the City Council. Each Council Member shall
appoint one citizen who resides in his/her respective district and four committee members
will be appointed at-large. In the case of the Mayoral, Place 5 and Place 6 districts, citizens
may reside in any district of the City.
Purpose: Advises the City in those areas of committee interest including but not limited to,
disability concerns such as accessibility and accommodations for City project and activities.
Some of the specific projects may include the following: (a) construction of new sidewalks,
ramps, and crosswalk features; (b) replacing and repairing existing sidewalks, ramps, and
crosswalk features; (c) the creation of an ADA Transition Plan; (d) the planning and
development of an adaptive/handicap accessible park; (e) provide guidance on incorporating
new or enhanced signage at the City facilities; (f) advise on improvements for new and
existing city facilities; (g) provide input on parking lot rehabilitation projects; (h) provide
input for improving City operations (i) provide input for improving the operation of other
entities; and (j) provide input on Parks and Recreation adaptive activities.
Community Development Advisory Committee
Established by Resolution passed by the City Council on September 19, 1978 (resolutions
not numerically numbered at that time).
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Membership: Nine members appointed by the City Council.
Ex-officio – City Manager, or his designee.
Purpose: Holds public hearings and makes decisions regarding the expenditure of federal
Community Development Block Grant and Home Investment Partnership Program monies.
Downtown Denton Tax Increment Financing Reinvestment Zone Board
Established by Ordinance 2010-316 and §311.009 of the Tax Increment Financing Act.
Membership: Seven members: two are City Council members, two are either property
owners of property located within the Tax Increment Reinvestment Zone or residents whose
primary residence is located within the Tax Increment Reinvestment Zone, two are either
business owners of businesses located within the Tax Increment Reinvestment Zone or
members of the Denton Chamber of Commerce Board of Directors, and one a qualified voter
of the City of Denton.
Purpose: Makes recommendations to the City Council concerning the administration of the
Zone; prepares and adopts a project plan and Tax Increment Financing Reinvestment Zone
financing plan for the Zone and submits the plans to the City Council for approval; prepares,
implements and monitors such project and financing plans for the Tax Increment Financing
Reinvestment Zone as the City Council considers advisable including the submission of an
annual report on the status of the Zone.
Economic Development Partnership Board
Established by Ordinance 2017-203 (repealed Ordinances 2003-258, 2011-042, 2014-009,
2015-074, and 2015-249) (§2.251 of the Code of Ordinances).
Membership: Eleven Twelve members: (1) two members from City Council at the time of
their original appointment, who must also serve on the Tax Increment Reinvestment Zone
No. 2 Board; (2) two members from the Chamber Board of Directors at the time of their
original appointment who reside or work in the city, ; (3) two members who are will be, or
must be currently employed by a top 20 City of Denton ad valorem or sales tax payer and
who reside or work in the city, ; (4) the pPresident of UNT or his/her designee who does not
have a city residency requirement, ; (5) the Chancellor and President of TWU or his/her
designee who does not have a city residency requirement; (6) a member with knowledge or
experience in general aviation-related matters with no financial interest at the Denton
Municipal Airport and who resides or works in the city, ; and (7) a citizen of Denton with
specific knowledge skills and abilities to assist in the functions of the Economic
Development Partnership Board; (8). With the intent to enhance the diversity of the Board,
one nominee shall be a representative a member nominated by the Denton Black Chamber
Board of Directors who resides or works in the City; (9) and one a member nominee shall be
a representative nominated by the Hispanic Chamber Board of Directors who resides or
works in the City. If a nomination is not made by either one of these Boards, the Committee
and the City Council shall consider the racial, ethnic, and gender diversity of the Board as
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well as the knowledge, skills, and abilities of the nominees to assist in all or any one of the
functions of the Economic Development Partnership Board when making selections. These
members must reside or work in the City of Denton. To aid the City Council in making
appointments to the Board, the City Council will appoint two City Council members and one
Chamber of Commerce member to act as a nominating committee. After evaluating the
recommended nominees, the committee will present to the City Council a slate of Board
nominees for City Council approval.
Ex-officio – City Manager, or his designee, Chamber President and Superintendent of
Denton Independent School District.
Purpose: Provides economic development policy guidance and makes recommendations to
the City Council and Chamber of Commerce; reviews, considers and makes
recommendations to the City Council regarding Airport Bbranding and Mmarketing for the
Denton Enterprise Airport; to support the implementation of the Denton Airport Business
Plan; reviews, considers and makes recommendations to the City Council regarding Denton
Municipal Enterprise Airport incentive policies as assigned by the City Council or requested
by the City Manager; and acts as a recommending body to the City Council for specific
airport economic development incentives as assigned by the City Council or requested by the
City Manager and permitted by City and State law.
Human Services Advisory Committee
Established by Ordinance No. 89-098 (§14-61 of the Code of Ordinances).
Membership: Eleven members appointed by the City Council.
Ex officio – City Manager, or his designee.
Purpose: Serves in an advisory capacity to encourage continuous evaluation of the human
services delivery system and to recommend actions and funding to the City Council
regarding that would provideCity of Denton human services in the city.
Library Board
Established by Ordinance 84-162 (§2-176 of the Code of Ordinances).
Membership: Seven members appointed by City Council.
Purpose: Serves in an advisory capacity to the City Council to recommend operating policies,
rules, and regulations programs for the operation of the library system. The Board also
provides citizen input to the City Council and recommends fees for Council consideration.
Parks, Recreation and Beautification Board
Established by §11.02 of the City Charter.
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Membership: Seven members appointed by the City Council.
Purpose: Serves in an advisory capacity to the City Council to make
recommendrecommendations regarding improvements to park and recreation programsissues
related to community appearance, beautification, and the environment of the City and the
entrances into the City. The Board is charged to stimulate public interest in the development
and maintenance of parks and playgrounds; and a well-rounded community-wide program to
promote close cooperation between the City and private citizens so that all park and
recreational facilities are used to their maximum benefit; and pursuant to the Charter, make
recommendations regarding the appearance, beautification, and environment of the city.
Public Art Committee
ERe-established by Ordinance No. 2013-207; amended by Ordinance No. 19-1156 (§22-6 of
the Code of Ordinances).
Membership: Nine members appointed by the City Council. Two of the : seven
membersnine members are will be nominated by assignment to individual City Council
members, and the remaining two are nominated by and represent the Greater Denton Arts
Council and appointed by the City Council..
Ex-officio – Parks and Recreation Department Director, Economic Development Department
Director, and the Greater Denton Arts Council Executive Director.
Purpose: Makes recommendations to the Parks, Recreation and Beautification Board and
City Council on the commissioning, placing, and the installing of public art; implementation
of funding mechanism(s) for public art; effective and efficient management of public art;
ongoing maintenance of public art; and the accessioning, deaccessioning, and re-siting of
public art; and oversight of cultural districts.
Public Utilities Board
Established by §12.07 of the City Charter.
Membership: Seven members appointed by City Council.
Ex-officio – City Manager and Director of Utilities.
Purpose: Reviews the department of utilities budget and makes recommendations to the City
Council in the format required by the City Manager. The Board is authorized to expend
funds for information and advertising. All matters relating to utility policies, capital projects,
rates, and the sale and issuance of utility bonds are submitted to the Board for review and
recommendation prior to Council consideration. The Public Utilities Board makes
recommendations for the Capital Improvement Program pursuant to the provisions in the
City Charter.
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Tax Increment Reinvestment Zone Number Two Board
Established by Ordinance 2012-366; amended by Ordinances 2014-039, 2014-274, 2015-
370, and 2016-354, and §311.009 of the Tax Increment Financing Act.
Membership: Board membership consists of eleven Fourteen members, nine twelve (12) of
whom are shall be appointed by the City Council. The membership consists of the nine
twelve members of the Economic Development Partnership Board (of whom two must be
sitting council members), one member appointed by the governing body of Denton County
and one member appointed by the “developer”, Rayzor Investments, LLP.
Purpose: Makes recommendations to the City Council concerning the administration of the
Zone. Prepares and adopts a project plan and Tax Increment Reinvestment Zone financing
plan for the Zone and submits the plans to the City Council for approval. Prepares,
implements and monitors such project plan and financing plan for the Zone as the Council
considers advisable, including the submission of an annual report on the status of the Zone.
Traffic Safety Commission
Re-established by Ordinance 2010-317.
Membership: Seven members appointed by the City Council.
Purpose: Serves in an advisory capacity to the City Council on matters brought forward to
the Commission by the City Manager, or his/her designee, or assigned by the City Council
which pertains to traffic safety education and publicity; ways and means of improving traffic
conditions and safety for motor vehicles; bicycle and pedestrian safety; implementation of
traffic control devices; public parking restrictions; or roadway speed limit designations.
III. CITY COUNCIL COMMITTEES
The Denton City Council has internal advisory committees, as well as representation on local
and regional committees. Assignments to the committees are made following the May city
council election. Council members submit requests for committee assignments, with committee
membership designated following a Council discussion of the requests.
Agenda Committee
Established by Ordinance No. 2011-0382016-197.
Membership: Mayor, Mayor Pro Tem, City Manager.
Purpose: Reviews the City Manager’s proposed City Council agendas as to form and agenda
content.
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Audit/Finance Committee
Established by Resolution No. R2009-015.
Membership: Three City Council members.
Ex-officio – City Manager, or his designee.
Purpose: The duties and purpose of the Committee shall be to aAssists the City Council in
fulfilling its organizational oversight responsibilities relating to the audit function, the
investment function and other financial related activities as delegated by the City Council.
City Council Airport Committee
Established by Resolution No. R2011-009
Membership: Three City Council members.
Purpose: Reviews, considers and makes recommendations to the City Council on: the Airport
Business Plan and the Airport Master Plan; any airport infrastructure improvement or other
major project impacting the airport; the acquisition, review, and consideration of grant
funding for the airport; contracts and leases of airport property, including recommending
appropriate terms to the City Council; long term financial planning and budgetary issues
affecting the airport; and issues raised as a result of interface between citizens, airport
tenants, or other interested parties.
Committee on Citizen Engagement
Established by Resolution No. R2012-026
Membership: Three current City Council Mmembers appointed by Mayor and approved by
City Council. City Manager or designee to provide guidance and assistance
Purpose: The Committee shall provide aAdvices to both the City Council and/or staff
regarding the timely distribution of accurate and complete information to Denton citizens and
devise methods of engaging Denton Citizens in the various processes of city government.
Committee on the Environment
Established by Resolution No. R2009-015.
Membership: Three City Council members.
Ex-officio – City Manager or designee.
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Purpose: The duties of the Committee shall be to rReviews, discusses, deliberates, and
considers environmental issues and resources and make recommendations to the City
Council. The Committee will aAlso deliberates and makes recommendations regarding any
other matter delegated to the Committee by the City Council.
Council Appointee Performance Review Committee
Established by Resolution No. R2009-015.
Membership: Three City Council members.
Ex-officio – Director of Human Resources.
Purpose: The duties and purpose of the Committee shall be to aAssists the City Council in
performance review of the Council appointees and to insure ensure that the appointees’ job
descriptions are accurate and properly reflect current job duties in order to make
recommendations to the City Council to assist the Council in evaluating the job performance
of the Council appointees. Additionally, the Committee will makes recommendations
regarding employment agreements, including renewals, of Council appointee positions.
Council Ethics Committee
Established by Resolution No. R2009-015.
Membership: Three City Council members.
Ex-officio – City Manager, or designee, and City Attorney, or designee.
Purpose: The duties and purpose of the Committee shall be to advise the City Council on the
Ethics Policy, gather information from citizens regarding the Ethics Policy, and conduct
hearing and inquiries as set forth in the enabling resolution.
Council Mobility Committee
Established by Resolution No. R2009-015.
Membership: Three City Council members.
Chair of the committee serves as representative to Dallas Regional Mobility Committee and
Regional Transportation Council.
Ex-officio – City Manager, or his designee.
Purpose: The duties and purpose of the Committee shall be to rReviews, considers and makes
recommendations to the City Council regarding any changes to the Mobility Plan, local
transportation policy, and any items concerning regional transportation policies and
activities.
Hotel Occupancy Tax and Sponsorship Committee
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ERe-established by Resolution No. R2009-01518-1710.
Membership: Three City Council members, at least two of whom serve on the Convention
and Visitors Bureau Advisory Board.
Ex-officio – City Manager, or designee.
Purpose: The duties and purpose of the Committee shall be to mMonitors allocation and use
of both the hotel occupancy tax and sponsorship funds, ensuring HOT funds are being used
to directly enhance and promote tourism and hotel/convention industry, ensuring the
sponsorship funds are being used to further a charitable cause, economic or community
growth and serve a public purpose in the best interest of the general welfare of the City of
Denton and to recommend organizations to receive funding to City Council.
Ad Hoc Council Committees
The City Council occasionally creates ad hoc council committees to provide guidance and
assistance with short term projects. These committees are dissolved upon the completion of their
work. Current ad hoc committees are the Development Code Review Committee and the
Council Historic Landmark Committee.
IV. LOCAL AND REGIONAL COMMITTEES
Community Justice Council (Inactive 2018-2019)
Established by §76.003 of the Texas Government Code.
City Membership: One City Council member of the most populous municipality in the
county that the facility will serve.
Purpose: Provides policy guidance and direction for the development of criminal justice
plans and community correction facilities and programs.
Convention and Visitors Bureau Advisory Board
Established by an agreement between Denton Chamber of Commerce and City of Denton;
creates an Advisory Board established by the Denton Chamber of Commerce.
City Membership: Non-specified number of City Council representatives Three City Council
members, at least two of whom serve on the Hotel Occupancy Tax (HOT) Committee.
Purpose: Makes recommendations to the Chamber of Commerce Board of Directors to assist
in the promotion of events and attractions to ensure a positive experience to Denton visitors.
Provide recommendations to the Denton CVB director, Denton Chamber of Commerce
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board, and city council; establish goals and priorities for the Denton CVB; monitor
expenditures of program funds while complying with State of Texas Tax Code (Title 3,
Subtitle D, Chapter 351) and assess effectiveness of CVB programs and initiatives;
assist/advise in formulation of budgets for the program; provide recommendations to the
Chamber board, city manager and city council; and advocate for the Denton CVB and its
mission.
Dallas Regional Mobility Coalition
Established by 1997 Interlocal Agreement.
City Membership: Representative of the City Council.
Purpose: Examines all issues related to transportation and recommends transportation
improvements and other related actions for the portion of the Dallas Metropolitan Area
served by District 18 of the Texas Department of Transportation (Eastern Subregion).
Denton Committee on People with Disabilities
Established by a group of Denton citizens, and officially recognized by the City of Denton in
Resolution No. R2007-030.
Membership: Members are not appointed by the City Council. City Manager is authorized to
provide a City staff person or persons to attend Committee meetings and to assist in
Committee activities.
Purpose: To promote aid to disabled persons, which includes the promotion of better public
and employer understanding concerning needs and contributions of persons with disabilities;
increased employment, retention, and advancement of disabled workers; encouragement for
use of the available services for disabled persons; encouragement of the removal of
architectural barriers; and promotion of participation in community life by persons with
disabilities.
Denton County Transportation Authority
Established in January 2002.
City Membership: Representative of the City Council and an alternate.
Purpose: The Board of Directors is responsible for the management, operation, and control of
the Authority and its properties.
Lake Ray Roberts Planning and Zoning Commission
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Established by §231.107(3) and §231.107(3)(c) of the Local Government Code. In 1994, the Lake
Ray Roberts Land Use Ordinance was approved by voters in Denton County and adopted by
the Denton County Commissioners Court.
City Membership: One City Council representative from each city included in the Lake Ray
Roberts area.
Purpose: Reviews and approves land use and development proposals for unincorporated
county land in the Lake Ray Roberts area.
North Texas Commission
Established in the early 1970s.
City Membership: Current designation is the Mayor.
Purpose: Public-private partnership dedicated to advancing the vibrancy of the North Texas
region.
Regional Transportation Council
Established - Independent transportation policy body of the Metropolitan Planning
Organization.
City Membership: Representative of the City Council.
Purpose: Oversees the metropolitan transportation planning process, including guidance
regarding the development of multimodal transportation plans and programs and
programming federal and state funds for the implementation of transportation improvements.
Texas Municipal Power Agency Board of Directors
Established by 1976 Power Sales AgreementResolution No. 75-22 providing for a board with
eight members, two appointed by the Denton City Council.
City Membership: Two representatives approved by the city council who may, but need not
necessarily be, members of the city council and/or theCurrent designation is one
representative from the City Council and one Public Utilities Board member.
Purpose: Assists in establishing policies, setting regulations, and overseeing the
administration and management of the agency as well as approving and auditing the budget.
Miscellaneous Boards and Committees:
From time to time, Council Members are called upon to serve as Denton’s representatives on a
regional board or committee for a short- term project. Often, the appointments are for the
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duration of the project and the board is dissolved. The City Secretary maintains a record of these
commitments and may be contacted for updated information.