2019-076 Potential Rules of Procedure Revisions for Public Participation in MeetingsDate: April 12, 2019 Report No. 2019-076
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Provide information on potential revisions to the City Council Rules of Procedure to allow for
additional public participation in meetings.
BACKGROUND:
The City Council has recently requested information on various alternative options for public
participation in Council meetings. This report outlines the options requested by Council and
summarizes the process required to implement the suggested Rules of Procedure revisions.
Denton City Council meetings are conducted in accordance with the Rules of Procedure set forth
in Sec. 2-29 of the Denton City Code of Ordinances (“Code”). Where an item or procedure is not
specified in the Code, the City Council follows Robert’s Rules of Order.
For each public participation item discussed below, it is within the purview of the City Council
to amend the Rules of Procedure to allow for the desired option(s). Staff is prepared to present on
potential Rules of Procedure revisions at a future work session. After receiving feedback from
the City Council regarding how best to proceed, the requested revisions will be brought to a
future City Council meeting for consideration and adoption.
Members of the public currently have the following options to address the City Council at a City
Council meeting:
Schedule a Citizen Report
o Speaker must register by noon the Thursday before the Council meeting by
contacting the City Manager’s Office.
o Up to four speakers may present a report for up to four minutes.
o Topic cannot be an item listed on the agenda.
Speak During Open Microphone
o Speaker must file a speaker registration card, or “Blue Card” with the City
Secretary before the meeting.
o Up to two people may speak for up to four minutes.
o Topic cannot be an item listed on the agenda.
Comment on Consent Agenda items
o Citizen comments on Consent Agenda items are considered during the Work
Session portion of the meeting, prior to work session items.
o Speakers must file a speaker registration card, or “Blue Card” with the City
Secretary before the Work Session begins.
o Citizens can speak about these items for up to three minutes.
Comment on Individual Consideration Items
o Speakers must file a request to speak card, or “Blue Card” with the City Secretary
before the item is called.
o Citizens can speak for up to three minutes.
Date: April 12, 2019 Report No. 2019-076
o Speakers wishing to address multiple items must fill out a separate Blue Card for
each item.
Public Hearings
o Speakers are encouraged, but not required to fill out a speaker registration card, or
“Blue Card” with the City Secretary before the hearing.
o Citizens can speak for four minutes, but Council may limit the time to three
minutes if many speakers would like to comment on an item.
o Applicants and their agents can speak for up to 10 minutes per speaker, with up to
a total of 20 minutes for all speakers representing the applicant.
DISCUSSION:
Public Hearing Public Comment Process
During the January 8 City Council meeting, staff was asked to provide information about whether
residents who sign up to speak at a public hearing can have the opportunity to speak more than
once while that item is being considered. The Rules of Procedure currently allows four minutes
per speaker on each public hearing item. Under the current Rules of Procedure, residents are
allowed to speak only once per Public Hearing item.
Presentations from Members of the Public
During the January 15 City Council meeting, staff was asked to provide information on what could
be done to either pilot an unlimited public comment period where the limit of four speakers would
be removed, or potentially hold a dedicated monthly meeting for public comment on any subject.
As noted above, the Rules of Procedure currently permits two types of presentations from members
of the public during Council meetings, prior registration and open microphone, with limitations on
both.
Prior Registration: The Rules of Procedure allows up to four individuals to register to
speak for up to four minutes per meeting. In order to register to speak, residents are asked
to contact the City Secretary by noon on the Thursday prior to the City Council meeting
date. Scheduled citizen reports can include audio/visual aids, as long as they are submitted
to the City Secretary’s Office at least 24 hours prior to the start of the meeting. Scheduled
citizen reports take place immediately following the proclamations portion of the City
Council agenda.
Open Microphone: Following scheduled citizen reports, up to two individuals who have
not registered to speak may make comments through the open microphone procedure.
Those speaking during the open mic portion of the agenda have up to four minutes to make
their remarks.
There is currently not an option in the Rules of Procedure for an unlimited public comment period
during City Council meetings.
Electronic Participation During Council Meetings
Similar to the items above, there is not currently a provision for public participation via electronic
means in the Rules of Procedure. Each public comment opportunity, as defined, requires the
member of the public to be present. However, there is nothing that legally prohibits electronic
participation during Council meetings if the Rules of Procedure were amended. It should be noted
that special consideration will need to be made regarding the rules, logistics, and costs associated
with adding an electronic participation component.
Date: April 12, 2019 Report No. 2019-076
Note: Sec. 2-29(c)(6) of the Rules of Procedure does allow for City Council members to participate
in a Council meeting by video conference in the event the member is traveling or unable to attend
a meeting due to illness. Subsections a. and b. outline the procedures for this based on whether or
not a quorum will be in one physical location.
Table 1 below provides information regarding the availability of electronic participation in
surrounding communities. Staff surveyed 13 local municipalities via the internet, phone and email,
and none of them allow for electronic participation during meetings although four of them allowed
comments to be submitted electronically prior to the meeting. The cities of McKinney, Plano, and
Southlake allow residents submit comments, via email or other means, to the City Secretary prior
to each Council meeting with those comments being provided to the Council prior to the meeting
including a summarized report, which is included in the meeting minutes. The City of Richardson
has an online form that citizens can access to indicate their position on an item, whether for or
against, but are not able to provide further comment through the website.
Table 1 Electronic Participating in Meetings
Is electronic
participation
allowed during
City Council
meetings?
Other forms
of electronic
participation? Description
City Yes No Yes No
Denton x x
Arlington x x
Carrollton x x
Coppell x x
Dallas x x
Farmers Branch x x
Fort Worth x x
Frisco x x Town Hall Meeting on First Monday of each month.
Grapevine x
Lewisville x
McKinney x x
Comments for agenda items may be made by email,
phone, or mail. These comments are provided to Council
prior to the meeting.
Plano x x
Written comments may be submitted to City Secretary's
office no later than 5 p.m. on day of meeting. These
comments are distributed to Council and a summary is
included in the meeting minutes.
Richardson x x
Citizens are able to indicate their position (for or against)
on an item online for the record, but are not able to
provide further comment through the website. This form
must be submitted prior to the meeting.
Southlake x x
Written comments may be submitted to City Secretary's
office no later than 5 p.m. on day of meeting. These are
distributed to Council and City staff prior to the meeting.
These are not included in the official minutes.
Date: April 12, 2019 Report No. 2019-076
The City of Frisco provides its residents with a unique public comment opportunity during their
Town Hall meetings, held the first Monday of each month. These meetings allow elected officials
and staff to inform residents about capital projects, programs, services, special events, and key
issues. These monthly meetings also include time for the public to have a question/answer session.
In 2011, the City of Frisco added a telephone option to these Town Hall meetings to make public
participation easier. Frisco’s registered voters receive a phone call during the meeting inviting
them to listen to the presentations and participate in the question and answer section.
Mayor’s Ability to Second Motions
Mayor Watts recently inquired about his ability, as chair of the meeting, to second a motion for an
item to be considered. In this instance, there is no specific rule giving direction regarding this in
the City’s Rule of Procedure, and so Robert’s Rules of Order applies.
According to Robert’s Rules of Order, if the president (Mayor) is a member of the voting body,
then he has the same rights and privileges as all other members. This includes the right to make
motions (including seconding motions), to speak in debate, and to vote on all questions1.
Motion to Reconsider
Mayor Pro Tem Ryan recently inquired whether the monthly City Council luncheon qualifies as
an “official meeting” for purposes of making a motion to reconsider, even if no votes are taking
place. The Code states that, “A motion to reconsider any action of the council can be made not
later than the next succeeding official meeting of the council.”2
Even though votes are not typically taken at a Council luncheon, it is posted as an “official
meeting” of the City Council and is a meeting of the full Council. Because of this, the motion to
reconsider would need to be made at this meeting. In order to comply with the Texas Open
Meetings Act (“TOMA”), any Council Member who wishes to make such a motion at a meeting
succeeding the meeting where the action was taken shall notify the City Manager in time for the
item for reconsideration to be placed on the Council agenda and posted at least 72 hours prior to
scheduled meeting.
It is important to note that since Council may have meetings which are set closely together (such
as a Monday meeting then a Tuesday meeting) the current ordinance may not provide enough time
to comply with TOMA agenda notice requirements. The City Attorney’s Office will be providing
a legal status report this week with additional guidance on the TOMA issues presented by our
current motion for reconsideration ordinance.
STAFF CONTACT:
Stuart Birdseye
Management Analyst
Stuart.Birdseye@cityofdenton.com
1 Frequently Asked Questions about RONR (Question 1) The Official Robert’s Rules of Order Web Site.
2 Sec. 2‐29 (g)(11); The section also outlines that a motion to reconsider may only be made by a member who
voted with the prevailing side and can be seconded by any member.
Date: April 12, 2019 Report No. 2019-076
Rachel Wood
Chief of Staff
Rachel.Wood@cityofdenton.com
LEGAL CONTACT:
Stephanie N. Neal
Assistant City Attorney
Stephanie.Neal@cityofdenton.com