2019-188 Council Requested Rules of Procedure RevisionsDate: November 22, 2019 Report No. 2019-188
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
City Council requested Rules of Procedure and Code of Ordinances revisions
BACKGROUND:
On September 24, 2019, a City Council Work Session discussion was held to review eight different
City Council-requested Rules of Procedure and Code of Ordinances revisions. Potential Code of
Ordinances and/or Code of Ordinances revisions discussed on September 24 included:
1. Unlimited Public Comment during City Council meetings or a dedicated monthly Public
Comment meeting;
2. Allowing residents to speak more than once during a Public Hearing;
3. Revising the Motion for Reconsideration process to allow additional time for elected
officials to make such a motion;
4. Determining how to handle a reported leave of absence from a board, commission, or
committee member;
5. Proving clarity on the Mayor’s ability to make or second a motion;
6. Mirroring the tie-vote provision in the Denton Development Code to apply to all boards,
commissions, and committees;
7. Clarifying if City Council turnover qualifies as cause for existing board, commission, and
committee members to be removed from office; and
8. Requiring emails or other correspondence read aloud during meetings to be provided to the
full City Council for inspection.
DISCUSSION:
During the September 24 Work Session discussion, staff was directed to draft applicable Rules of
Procedure and/or Code of Ordinances revisions to items 1, 2, 3, 4, and 6 listed above. Below is a
summary of the requested revisions.
Public Comment – Increase the number of residents allowed to speak during the Public Comment
period from six two seven and allow any combination of Citizen Comment (requires notice prior
to publishing the City Council agenda) and Open Microphone (requires filling out blue card prior
to start of the City Council meeting) during City Council meetings.
This requires a revision to the Rules of Procedure.
Public Hearing – Allow each resident who provided initial input during a Public Hearing to provide
a rebuttal for up to four minutes following the applicant’s rebuttal.
Date: November 22, 2019 Report No. 2019-188
This requires a revision to the Rules of Procedure.
Motion for Reconsideration – Clarification on if a motion for reconsideration could be made during
the same meeting that an initial vote was made. The City Attorney’s Office confirmed that, under
the current Motion for Reconsideration Ordinance, Council members may make a motion to
reconsider during the same meeting where an item is considered. The actual reconsideration must
occur at a later date to comply with the Texas Open Meetings Act (TOMA). To further avoid
potential TOMA violations that could result from a motion for reconsideration not being posted;
the City Secretary’s Office now posts a blanket notice on all City Council agendas stating that any
item can be subject to a motion for reconsideration at any time during the meeting. Additional
information on the Motion for Reconsideration Ordinance was provided in the November 15
Friday Report.
Unless the City Council wishes to revise the current Motion for Reconsideration Ordinance, no
additional action is necessary.
Leave of Absence – Grant the sole discretion to determine if board, commission, and committee
absences are excused or unexcused to the City Council.
This requires a revision to Section 2-83(c) of the Code of Ordinances.
Tie-Vote – Treat tie-votes for all boards, commissions, and committees as a denial.
This requires a revision to the Rules of Procedure.
CONCLUSION:
In order to amend the Rules of Procedure, the proposed revisions must be introduced prior to City
Council consideration. In order to ensure full compliance with the Rules of Procedure, the timeline
below was developed for Council introduction and consideration of the requested Rules of
Procedure and Code of Ordinances revisions:
November 3: Introduction of requested Rules of Procedure Revisions
November 10: City Council consideration of requested Rules of Procedure and Code of
Ordinances revisions
STAFF CONTACT:
Rachel Wood, Development Services
Rachel.Wood@cityofdenton.com
REQUESTOR: City Council
PARTICIPATING DEPARTMENTS: City Manager’s Office, City Attorney’s Office, City
Secretary’s Office
Date: November 22, 2019 Report No. 2019-188
STAFF TIME TO COMPLETE REPORT: 2.5 hours
ATTACHMENTS:
1. September 24 Work Session Materials
2. Rules of Procedure Decision Matrix
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM: Todd Hileman
DATE: September 24, 2019
SUBJECT
Receive a report, hold a discussion, and give staff direction on potential revisions to the Denton City Council
Rules of Procedure, and potential revisions to Denton City Code of Ordinances and Charter provisions
relating to Boards and Commissions.
BACKGROUND
Over the course of the past year, the City Council has requested several potential Rules of Procedure and/or
Code of Ordinances revisions. Staff is seeking feedback on the requested revisions to determine if proposed
amendments to the Rules of Procedure (Section 2-29 of the Denton City Code of Ordinances) and/or City
of Denton Code of Ordinances “Code” should be prepared and brought forward on a future City Council
agenda for consideration. Below is a summary of the revisions that have been contemplated over the past
twelve months. Staff is seeking feedback on how to proceed with each requested revision.
Public Participation in Meetings
Under the Rules of Procedure, members of the public currently have the following options to address the
City Council at a City Council meeting (additional details on current public comment options can be found
in Exhibit 4):
Presentations from Members of the Public
o Schedule a Citizen Report
o Speak During Open Microphone
Comment on Consent Agenda Items
Comment on Individual Consideration Items
Public Hearings
Presentations from Members of the Public: During the January 15, 2019 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. The Rules of Procedure currently allows 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.
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
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.
Should the City Council wish to have unlimited speakers during the Open Microphone portion of Public
Comment, a Rules of Procedure revision would need to be adopted.
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.
Should the City Council wish to allow residents to speak more than once per public hearing item, a Rules
of Procedure revision would need to be adopted.
Motion for Reconsideration
The Code currently 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.” As the Code is written, City Council luncheons would
be considered an “official meeting” because of these meetings are posted as a meeting of the full City
Council. If an elected official wished to make a motion for reconsideration on an item and the next official
meeting was a luncheon, the motion for reconsideration would need to be made during the luncheon. 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 provided the City Council with
additional guidance on TOMA issues presented by the current motion for reconsideration ordinance on
April 12, 2019. The City Attorney’s Office identified two issues with the reconsideration ordinance. The
first issue is that the ordinance uses the term “official meeting” but the term is not defined in our Rules of
Procedure. As a result it is not clear as to whether “next succeeding official meeting” means any scheduled
Council meeting or if it means the next “regular meeting” as defined in the Rules of Procedure. Given that
a “regular meeting” is defined by the Rules of Procedure, and such term was not used in the motion for
reconsideration provision, then the interpretation has been over the last several years that the motion must
be made not later than the next scheduled Council meeting. Since the Council now has four meetings per
month, a motion for reconsideration must be requested of the City Manager not later than the Friday before
the next Tuesday meeting; otherwise the Council decision stands.
The second issue identified by the City Attorney’s Office with the current reconsideration provision
involves TOMA. TOMA requires that that agendas and items being considered be posted a minimum of 72
hours in advance of the meeting. This means that the City Manager’s Office must be notified to place a
motion for reconsideration on an agenda no later than the Friday following the Council’s Tuesday meeting
in order to comply with TOMA. As a result, this leaves a short window of time for a Council Member to
make such a motion.
An option to address the reconsideration concern is to amend the ordinance language to provide a 14-day
deadline to make a motion or place a motion on an agenda. The 14-day window would give elected officials
flexibility to make a request during the Concluding Items Section at either the first or second Council
meeting following the meeting where the item to reconsider was decided. Alternatively, an elected official
may place the motion on an agenda by notifying the City Manager. These changes would ensure that the
City Council Member has enough time to make a motion for reconsideration while also allowing the City
to comply with TOMA.
If the City Council chooses to make changes to the current Rules of Procedure, clarifying the language and
resolving the potential TOMA issues can both be accomplished through one simple ordinance amendment.
Exhibit 13 includes the proposed ordinance revision prepared by staff.
Leave of Absence
In spring 2019, two members of the Board of Ethics reported a “leave of absence.” Article III, Division 3,
Section 2-83(c) of the City of Denton Code Ordinances addresses attendance requirements for Boards and
Commissions. There is no reference within this article about members taking a “leave of absence.” As a
result, any absences at future meetings could be considered “unexcused,” thereby triggering the clause that
missing, “…more than (3) regularly called and scheduled meetings of the board, commission, or committee
of which he or she is a member in any one (1) year or lack of attendance at fifty (50) percent of the number
of regular meetings in a year, unless such absence is excused, shall be considered ‘cause’” for removal. As
2-83(c) is currently written, members of the board, commission, or committee have the discretion to
determine instances that qualify as an excused absence.
On April 2, 2019, a work session presentation was held to seek Council direction on leaves of absence. At
that work session, individual members of the City Council expressed support to have the City Council make
final determination regarding absences being excused or unexcused, including when a board, commission,
or committee member reports a leave of absence.
Should the City Council wish to have sole discretion to remove individual board, commission, or committee
members and deem if an absence, including a leave of absence is excused or unexcused, a revision to
Section 2-83(c) of the Code would be necessary.
Tie-Vote (Excluding Planning and Zoning Commission)
The Rules of Procedure currently requires an affirmative vote of four members to take official action and
treats a tie-vote as a pending matter which is carried over to subsequent meetings until the full board is
present. This tie-vote provision is applied to all boards and commissions with the exception of the Planning
and Zoning Commission. Possible revisions for tie-vote procedures were discussed in a City Council work
session on September 11, 2018. At that meeting, City Council directed staff to modify the Denton
Development Code to address the Planning and Zoning Commission’s tie-vote procedures; direction was
not given to expand the Planning and Zoning tie-vote process to all boards, commissions, and committees.
Following Council direction, staff drafted revisions to the Denton Development Code that were adopted on
December 18, 2018. The adopted process treats tie votes as a denial by the Planning and Zoning
Commission and removed the super-majority (¾ vote) requirement for approval; making a simple majority
apply for Council consideration.
If the City Council wants to expand the tie-vote provision to all boards, commissions, and committees, a
revision to the Rules of Procedure would be required.
Mayor’s Ability to Make and Second a Motion
The Rules of Procedure are currently silent on the Mayor’s ability, as chair of the meeting, to make or
second a motion for an item to be considered. In matters where the Rules of Procedure are silent, 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 questions.
Nominations to Citizen Boards, Commissions, and Committees
Members of the City Council have inquired about the ability of new elected officials to update or replace
nominations for board, commission, and committee seats made by their predecessor. Section 14.16 of the
City Charter states that “Members of such boards and commissions may be removed only for cause and
only after being given notice by the Council.” Section 2-61 through 2-65 of the Code outlines the
qualifications for board, commission, and committee members and outlines the process for removing
members from office. Currently, City Council turnover is not listed as “cause” for a board, commission, or
committee member to be removed from office.
Should the City Council wish to expressly allow new Council Members the opportunity to update or replace
nominations for board, commission, and committee seats made by their predecessor, a Charter amendment
would be required.
Reading Constituent Emails during City Council Meetings
Elected officials occasionally read emails from constituents aloud during City Council meetings. Often, the
full City Council is not included on the email exchange that the elected official is referencing. Typically,
when an elected official references or reads an email exchange aloud during a meeting, that email is then
included in the same week’s Friday Report for the full City Council and general public to review.
If the City Council wishes to formally require emails read aloud during Council meetings be provided to
the full elected body via the Friday Report, or some other means, a revision to the Rules of Procedure would
need to be adopted.
OPTIONS
Exhibit 3 is a matrix that outlines each of the potential Rules of Procedure and Code of Ordinances revisions
that have been contemplated along with the mechanism required to make the suggested revision. Staff is
seeking feedback on each of the potential revisions and will bring forward any revisions receiving support
from a consensus of Council on a future agenda for City Council consideration.
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Presentation
Exhibit 3 – Decision Matrix
Exhibit 4 – Section 2-29 Rules of Procedure
Exhibit 5 – April 2 Board and Commission Appointment and Removal Process
Exhibit 6 – ISR 2019-076 Potential Rules of Procedure Revisions for Public Participation in Meetings
Exhibit 7 – Section 2-61 through 2-65 Qualifications for Members
Exhibit 8 – Section 2-63 Removal from Office
Exhibit 9 – Section 2-83c Absences
Exhibit 10 – Section 2-84 Nominating and Appointing Members to Certain Boards
Exhibit 11 – Section 12-07 Public Utilities Board
Exhibit 12 – Section 14.16 City Charter –Boards and commissions
Exhibit 13 – Proposed Ordinance Amendment to Address Motion for Reconsideration
Respectfully submitted:
Rachel Wood
Development Services
City Council Rules of Procedure and Code of Ordinances September 24, 2019
Potential Revisions Rules of Procedure •Public participation in meetings Open MicrophonePublic Hearing •Motion for reconsideration provision •Mayor’s ability to make or second a motion (Robert’s Rules of Order) •Tie-Vote (excluding Planning & Zoning Commission)•Reading stakeholder emails aloud during Council meetingsCode of Ordinances •Leave of Absence (Section 2-83(c))2Charter Amendment •Nominations to citizen boards, commissions, and committees File ID 19‐1958
Rules of Procedure Overview Section 2-29 of the City of Denton Code of Ordinances sets forth the City Council Rules of Procedure, which guide the following: •General rules for meeting conduct and decorum •Types of meetings•Presiding officer and duties•Order of business •Presentations from members of the public •Consideration of ordinances, resolutions, and motions•Creation of committees, boards, and commissions3File ID 19‐1958
Current Options for Public Participation in Meetings (ISR 2019-076)Topics Not on the Agenda Schedule a Citizen Report•Up to four speakers may present a report for up to four minutes, the topic cannot be an item listed on the agendaSpeaker must register with the City Secretary by noon the Thursday before the Council meeting Speak During Open Microphone•Up to two people may speak for up to four minutesSpeaker must file a speaker registration card with the City Secretary before the meetingScheduled Agenda Items Comment on Consent Agenda Items•Citizen comments on Consent Agenda items are considered during the Work Session portion of the meeting, prior to work session items•Speakers must file a speaker registration card before the Work Session begins and have up to three minutes to speakComment on Individual Consideration Items•Citizens can speak for up to three minutesInterested speakers must sign up by 6:00 p.m. or 30 minutes prior to the scheduled meeting start timePublic Hearings•Citizens can speak one time per Public Hearing item and may speak for up to four minutes4File ID 19‐1958
Public Participation Considerations (ISR 2019-076)•Unlimited Open Microphone or dedicated Public Comment meetingRules of Procedure currently permits two types of presentations from members of the public on any subject:•Prior Registration/Citizen Report •Open MicrophoneDecision PointConsider having unlimited Open Microphone speakers or a dedicated monthly Public Comment Town Hall Having unlimited Open Microphone would require a Rules of Procedure revision •Residents speaking more than once during a Public HearingResidents are currently allowed to speak once for up to four minutes per Public Hearing itemDecision PointShould residents be allowed to speak more than once per Public Hearing item? Allowing residents to speak more than once per Public Hearing item would require a Rules of Procedure revision 5File ID 19‐1958
Motion to Reconsider •The Rules of Procedure currently requires that motions for reconsideration be made at the next succeeding official Council meeting Due to Texas Open Meetings Act requirements, there is a short window for elected officials to make such a motion•City Council Luncheons do qualify as official meetingsDecision Point•Should revisions be made to allow additional time for elected officials to make a motion for reconsideration? •A Rules of Procedure revision would be required to allow for additional time to make a motion for reconsideration•If City Council wishes to extend the amount of time to make a motion for reconsideration, staff recommends amending the ordinance language to provide a 14-day deadline to make a motion or place a motion on the agenda 6File ID 19‐1958
Leave of Absence•The Code of Ordinances does not currently include a provision for board, commission, committee, or Council members to take a leave of absenceDiscussed with City Council during the April 2 Work Session •Article II, Division 3, Section 2-83(c) of the Code of Ordinances addresses attendance and includes provisions for excused and unexcused absences: More than 3 unexcused absences or missing more than 50% of meetings in a calendar year would be considered “cause” for removalExcused absences include things such as personal or family illness, jury duty, absences necessary for the member’s employment, and any related emergencies or other matters which the board, commission, or committee finds qualify as an excused absenceDecision Point•Should the City Council or board, commission, or committee determine if a Leave of Absence is an excused or unexcused absence? •If the preferred method is for City Council make that determination, a revision to Section 2-83(c) would be required7File ID 19‐1958
Tie-Vote•Under the Rules of Procedure, matters which end in a tie-vote are automatically placed on each subsequent agenda until the tie is broken •On December 18, 2018, a revision to the Denton Development Code (DDC) was approved which treats tie-votes as a denial by the Planning & Zoning Commission The revision removed the super-majority (¾ vote) requirement for Council approval; making a simple majority apply Decision Point •Should the tie-vote provision currently in the DDC be extended to all boards/commissions/committees? •Extending this provision to all boards/commissions/committees would require a revision to the Rules of Procedure* 8*Robert’s Rules of Order treats tie‐votes as a failed motion File ID 19‐1958
Mayor’s Ability to Make or Second a Motion •Rules of Procedure is silent on the Mayor’s ability to second a motion, making Robert’s Rules of Order apply•Per Robert’s Rules of Order, the Mayor is a member of the voting body and has the same rights and privileges as all other members including: Making and seconding motionsSpeaking during a debateVoting on all questions Decision Point •Unless the City Council wishes to change the current process, no decision is necessary on this matter 9File ID 19‐1958
Nominations to Boards, Commissions, and Committees The nomination process for all citizen boards/commissions/committees is set forth in the Rules of Procedure.* Individual City Council members make nominations to the full City Council for the governing body’s approval or disapproval Section 14.16 of the City Charter states that “Members of such boards and commissions may be removed only for cause and only after being given notice by the Council”Section 2-61 through 2-65 outlines the qualifications for board/commission/committee members and the process for removing members from office Decision PointIs Council turnover “cause” for new elected officials to update nominations for the respective board/commission/committee members assigned to their seat?Making Council turnover “cause” for removal would require a Charter amendment and revisions to applicable provisions of the Code of Ordinances 10*PUB and Parks and Recreation Board have additional requirements in Sec. 2‐84File ID 19‐1958
Reading Constituent Emails during Council Meetings •Elected officials occasionally read emails from constituents aloud during City Council meetings When this has occurred, these emails have been attached in the Friday Report for full Council to review Decision Point •Does the City Council wish to formally require emails read aloud during Council meetings be provided to the full body via the Friday Report or some other means?•Formalizing this requirement would require a revision to the Rules of Procedure 11File ID 19‐1958
Next Steps •Seeking feedback from the City Council on potential Rules of Procedure/Code of Ordinances revisions •Staff will then draft necessary revisions and place those revisions on a future City Council agenda for consideration 12File ID 19‐1958
Potential Rules of Procedure and Code of Ordinances Revision ConsiderationsSubjectCurrent State Potential RevisionRevision Mechanism Unlimited Public Comment at Council Meetings or Dedicated Monthly Public Comment Meeting Up to four speakers may schedule a Citizen Report per Council meeting Up to two speakers may speak for up to four minutes per Council meeting on topics not listed on the agendaAllow for unlimited Public Comment or have monthly Public Comment Town Hall Rules of Procedure Revision Speaking More Than Once at a Public HearingCitizens may one time for up to four minutes per Public Hearing itemAllow for citizens to speak more than once during a Public HearingRules of Procedure Revision Motion for Reconsideration Motions for reconsideration must be made at the next succeeding official Council meeting, this includes City Council LuncheonsConsider options to give Council Members more time to make a motion for reconsideration; staff is recommending an ordinance revision allowing up to 14‐days to make such a motion or place the motion on an agendaRules of Procedure Revision Leave of AbsenceThe Code of Ordinances does not currently include a provision for board, commission, committee, or Council members to take a leave of absenceReassign discretion on excused and unexcused absences, including reported leaves of absence to the City Council Code of Ordinances Revision Mayor's Ability to Make or Second a Motion Rules of Procedure is silent on the Mayor’s ability to second a motion, making Robert’s Rules of Order applyPer Robert’s Rules of Order, the Mayor is a member of the voting body and has the same rights and privileges as all other membersThe request was for clarification on if the Mayor could make a motion or second a motion. Given the application of Robert's Rules of Order, the Mayor currently has the same rights and privileges as City Council members, including the making and seconding motionsA revision is unnecessary if City Council is comfortable with the application of Robert's Rules of Order Tie‐Vote (Excluding P&Z)Matters voted on are automatically placed on each subsequent agenda until a quorum is present and the tie is brokenMirror the tie‐vote provision in the Denton Development Code that applies to the Planning & Zoning Commission in the Rules of Procedure so that tie‐votes would be treated as a denial by the board/commission/committeeRules of Procedure Revision New Elected Officials Replacing Existing Board, Commission, and Committee MembersCode of Ordinances is silent on an election or Council turnover being "cause" for a Council Member to update or replace nominations assigned to their respective seatInclude Council turnover as "cause" for existing board/commission/committee members to be removed from office if desired by the new elected official assigned to the seat that nominated themCharter Amendment and Code of Ordinances Revision Reading Constituent Emails during Council Meetings Typically, emails read aloud by elected officials during Council meetings are included in that week's Friday Report for full Council reviewFormally requiring that emails or other correspondence read aloud during official meetings be provided in the same week's Friday Report (or other means) would require a Rules of Procedure revisionRules of Procedure Revision
Sec. 2-29. - City council rules of procedure.
(a) Authority.
(1) Charter: Pursuant to the provisions of Section 2.07 of the Charter of the City of Denton, Texas,
the City Council hereby enacts these rules of procedure for all meetings of the City Council of
the City of Denton, Texas.
During any meeting, a reasonable opportunity shall be given for citizens to be heard under
these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons
in the Council Chamber including the city administrative staff, news media, and visitors.
(b) General rules.
(1) Meetings to be public: All official meetings of the Council and Council committees and
subcommittees, except closed meetings permitted by the provisions of the Texas Open
Meetings Act, V.T.C.A. Government Code Ch. 551, (Vernon 2014), as amended, shall be open
to the public.
(2) Quorum: Four (4) members of the council shall constitute a quorum for the transaction of
business. (Charter, Section 2.06)
(3) Compelling attendance: No member shall be excused from attendance at a council meeting
except for good and valid reasons. It will be the duty of the council member to notify the city
secretary prior to the meeting at which he or she is going to be absent. The city secretary will
record each council member as being present or absent as a part of the minutes prepared for
each council meeting.
(4) Misconduct: The council may punish its own members for misconduct consistent with any
ethics policy adopted by the council.
(5) Minutes of meetings: An account of all proceedings of the council shall be kept by the city
secretary and shall be entered in a book constituting the official record of the council. A certified
agenda shall be prepared and shall be approved by the mayor for all closed meetings for which
a certified agenda is required to be kept in accordance with the Texas Open Meetings Act.
(6) Questions to contain one subject: All questions submitted for a vote shall contain one subject,
except the city council may approve all items which are on the consent agenda in one motion,
regardless of how many subjects are contained in the consent agenda, so long as all items
have been properly posted in accordance with the Texas Open Meetings Act and have not been
removed from the consent agenda by a council member. If two or more points are involved, any
member may require a division, if the question reasonably admits of a division.
(7) Right to floor: Any member desiring to speak shall be recognized by the chairperson, and shall
confine his or her remarks to the subject under consideration or to be considered. No member
shall be allowed to speak more than once on any one subject until every member wishing to
speak shall have spoken.
(8) City manager: The city manager, or acting city manager, shall attend all meetings of the council
unless excused. He or she may make recommendations to the council and shall have the right
to take part in all discussions of the council, but shall have no vote. (Charter, Section 5.03 (d))
(9) City attorney: The city attorney, or acting city attorney, shall be available upon request for all
meetings of the council unless excused and shall, upon request, give an opinion, either written
or oral, on questions of law. The city attorney shall act as the council's parliamentarian.
(10) City secretary: The city secretary, or acting city secretary, shall attend all meetings of the
council unless excused, and shall keep the official minutes and perform such other duties as
may be requested by the council.
(11) Officers and employees: Any officer or employee of the city, when requested by the city
manager, shall attend any meeting of the council. If requested to do so by the city manager,
such employee may present information relating to matters before the council.
(12) Rules of order: These rules govern the proceedings of the council in all cases, except that
where these rules are silent, the most recent Edition of Robert's Rules of Order shall govern.
(13) Suspension of rules: Any provision of these rules not governed by the City Charter or other
City Code provisions may be temporarily suspended by the affirmative vote of four (4) members
of the council. The vote on any such suspension shall be taken by yeas or nays and entered
into the minutes of the council.
(14) Amendment of rules: These rules may be amended, or new rules adopted by the affirmative
vote of four members of the council, provided that the proposed amendments or new rules shall
have been introduced before the city council at a prior council meeting.
(c) Code of conduct.
(1) Council members:
a. During council meetings, council members shall preserve order and decorum and shall
neither by conversation or otherwise delay or interrupt the proceedings nor refuse to
observe the rules of the council.
b. A council member, once recognized, shall not be interrupted while speaking unless called
to order by the mayor or presiding officer, unless a point of order is raised by another
member or the parliamentarian, or unless the speaker chooses to yield to questions from
another member. If a council member is called to order while he or she is speaking, he or
she shall cease speaking immediately until the question of order is determined. If ruled to
be in order, he or she shall be permitted to proceed. If ruled not to be in order, he or she
shall remain silent or shall alter his or her remarks so as to comply with rules of the council.
(2) Administrative staff:
a. Members of the administrative staff and employees of the city shall observe the same rules
of procedure and decorum applicable to members of the council, and shall have no voice
unless and until recognized by the chair.
b. While the presiding officer shall have the authority to preserve decorum in meetings as far
as staff members and city employees are concerned, the city manager also shall be
responsible for the orderly conduct and decorum of all city employees under his or her
direction and control.
c. The city manager shall take such disciplinary action as may be necessary to insure that
such decorum is preserved at all times by city employees in council meetings.
d. All remarks and questions addressed to the council shall be addressed to the council as a
whole and not to any individual member thereof.
e. No staff member, other than a staff member having the floor, shall enter into any
discussion either directly or indirectly without permission of the presiding officer.
(3) Citizens:
a. Citizens and other visitors are welcome to attend all public meetings of the city council, and
will be admitted to the city council chamber or other room in which the city council is
meeting, up to the fire safety capacity of the room.
b. All meeting attendees shall conduct themselves with propriety and decorum. Conversations
between or among audience members should be conducted outside the meeting room.
Attendees will refrain from excessively loud private conversations while the council is in
session.
c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles, yells,
and similar demonstrations shall not be permitted.
d. Placards, banners, signs, pamphlets, flyers, or political materials of any type will not be
permitted in the city council chamber or in any other room in which the city council is
meeting. Exhibits, displays, and visual aids used in connection with presentations to the
city council, however, are permitted.
e. Audience members may not place their feet on any chairs in the city council chamber or
other room in which the city council is meeting.
f. Only city council members and city staff may step onto the dais.
g. All people wishing to address the city council shall first be recognized by the presiding
officer and shall limit their remarks to the matter under discussion.
h. All remarks and questions addressed to the city council shall be addressed to the city
council as a whole and not to any individual members.
i. Any person addressing the city council in the city council chamber shall do so from the
lectern unless physically unable to do so. People addressing the city council shall not be
permitted to approach the dais. If they wish to hand out papers or other materials to the city
council, they should express that desire to the presiding officer, and the city manager shall
direct a staff member to hand out the materials.
j. When the time has expired for a presentation to the city council, the presiding officer shall
direct the person speaking to cease. A second request from the presiding officer to cease
speaking shall be cause of the removal of the speaker if that person continues to speak.
k. Equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchairs
shall not obstruct, block, or otherwise be located in the doorway, entranceway, or
walkways of the city council chambers or of any other room in which the city council may
choose to meet. Representatives of the electronic media may set up cameras and other
equipment only in the back of the room. It is permissible for television camera operators to
film for short periods of time (several minutes) from the entranceway to the city council
chambers. Any radio station, which broadcasts the regular city council meetings live, may
hook their equipment up at the front of the room as long as it remains out of sight and out
of the way.
l. There will be a uniformed City of Denton police officer present at all regular meetings of the
city council. This police officer shall act in the capacity of a security officer/sergeant-at-
arms, and shall enforce the meeting rules and act upon the direction of the presiding
officer.
m. Any person making personal, impertinent, profane, or slanderous remarks, or who
becomes boisterous while addressing the city council or who otherwise violates any of the
above-mentioned rules while attending a city council meeting shall be removed from the
room at the direction of the presiding officer, and the person shall be barred from further
audience before the city council during that session of the city council. If the presiding
officer fails to act, any member of the city council may move to require the offending
person's removal, and the affirmative vote of a majority of the city council shall require the
presiding officer to act. The sergeant-at-arms, if so directed by the presiding officer or an
affirmative vote of the majority of the city council, shall remove the offending person from
the meeting.
(4) Enforcement: The city manager, in the absence of a designated law enforcement officer, shall
act as sergeant at arms for the council, and shall furnish whatever assistance is needed to
enforce the rules of decorum herein established.
(5) Seating arrangement: The city secretary, city manager and city attorney shall occupy the
respective seats in the council chamber assigned to them by the mayor, but any two (2) or more
members of the council may exchange seats.
(6) Videoconferencing: City council members may elect to participate in a city council meeting by
videoconference in the event the member is traveling or unable to attend a meeting due to
illness.
a. Procedures for meeting by videoconference if a quorum will be in one physical location:
The council meeting notice shall specify where the quorum of the governmental body will
be physically present, and the intent to have a quorum present at that location. The video
and audio feed of a remote councilmember or employee shall be broadcast live at the
meeting. Each portion of the meeting held by videoconference call that is required to be
open to the public shall be visible and audible to the public at the location where the
quorum is present. The location at which the quorum is present, and each remote location
from which a member of the governmental body participates, shall have two-way audio and
video communication with each other location during the entire meeting. Each participant's
face in the videoconference call, while speaking, shall be clearly visible and audible to
each other participant and, during the open portion of the meeting, to the members of the
public in attendance at the location where a quorum is present, and at any other location of
the meeting that is open to the public. The audio and video signals perceptible by members
of the public at each location of the meeting shall meet or exceed minimum standards
established by Texas Department of Information Resources (DIR) rules. The audio and
video signals perceptible by members of the public at the location where the quorum is
present and, any other location open to the public, shall be of sufficient quality so that
members of the public at each location can observe the demeanor and hear the voice of
each participant in the open portion of the meeting. If a problem occurs that causes a
meeting to no longer be visible and audible to the public at the location where a quorum is
present, the meeting shall be recessed until the problem is resolved, and if the problem is
not resolved in six hours or less, the meeting shall be adjourned. The city shall make at
least an audio recording of the meeting, and the recording shall be made available to the
public.
b. Procedures for meeting by videoconference if a quorum will not be in one physical location:
The city shall make available to the public at least one suitable physical space in the city
that is equipped with videoconference equipment that provides an audio and video display,
as well as a camera and microphone, by which a member of the public can provide
testimony or otherwise participate in the meeting. The member of the governmental body
presiding over the meeting shall be present at this site, and the location must be open to
the public. The meeting notice shall specify the physical space provided, and shall also
specify the intent to have the presiding officer present at the location. Any member of the
public present at this location shall be provided the opportunity to participate in the meeting
by means of a videoconference call in the same manner as a person who is physically
present at a meeting of the governmental body that is not conducted by videoconference.
Each portion of the meeting held by videoconference call that is required to be open to the
public shall be visible and audible to the public. The video and audio feed of a remote
councilmember or employee shall be broadcast live at the meeting. The site provided in the
city and each remote location from which a member participates, shall have two-way audio
and video communication with each member who is participating by videoconference
during the entire meeting. Each participant's face in the videoconference, while speaking,
must be clearly visible and audible to each other participant and, during the open portion of
the meeting, to the members of the public in attendance at the meeting location in the city,
and at any other location of the meeting that may be open to the public. The audio and
video signals perceptible by members of the public at each location of the meeting shall
meet or exceed minimum standards established by DIR rules. The audio and video signals
perceptible by members of the public at each location of the meeting that is open to the
public, and each remote location, must be of sufficient quality so that members of the
public at each location can observe the demeanor and hear the voice of each participant in
the open portion of the meeting. If a problem occurs that causes the meeting to no longer
be visible and audible to the public at the meeting site in the city, the meeting must be
recessed until the problem is resolved, and if the problem is not resolved in six hours or
less, the meeting shall be adjourned. The city shall make at least an audio recording of the
meeting, and the recording shall be made available to the public.
c. Council members wishing to participate in a meeting by videoconference shall provide
notice to the city manager and the agenda committee not less than seven (7) days prior to
the meeting.
(d) Types of meetings.
(1) Regular meetings: The council shall meet on the first and third Tuesday of each month, at such
time as may be set by the city council, unless the meeting is postponed or cancelled for valid
reasons. All regular meetings of the council will be held in City Hall at 215 East McKinney
Street, Denton, Texas or at such other location as the city council may, from time to time by
proper posting under the Open Meetings Act and so long as the location is open to the public,
designate.
(2) Special meetings: Special meetings may be called by the mayor, the city manager, or by any
three (3) members of the council. The city secretary shall post notice thereof as provided by the
Texas Open Meetings Act. The mayor, city manager, or three (3) of the council members may
designate a location for the special meeting other than City Hall, as long as the location is open
to the public.
(3) Workshop meetings: Workshop meetings (also referred to as "work sessions") may be held on
the first and third Tuesday of each month at such time as may be set by the city council, or on
such other day as the city council may designate and at such time as may be set by the city
council, to discuss near to mid or long range issues and to answer city council questions
concerning all agenda items. Workshops or work sessions may be called using the same
procedure required for special meetings as provided for in subsection (2) above. The purpose of
the workshop meeting is to discuss or explore matters of interest to the city, to meet with city
boards, commissions, or committee members, city staff or officers of civic organizations,
governing bodies or individuals specifically invited to the session by the mayor, council or city
manager. These meetings are informational and normally no final action shall be taken unless
the posted agenda indicates otherwise. However, the city council may, by consensus, provide
general direction to staff with regard to matters of interest or concern, understanding such
matters ultimately may require a formal vote of the council for implementation.
(4) Luncheon meetings: Luncheon workshop or work session meetings may be held on the first
Monday of each month at such time as may be set by the city council, or on such other day as
the city council may designate. Such meetings may be called using the same procedure
required for special meetings as provided for in subsection (2) above. The purpose of the
luncheon meeting is to discuss or explore matters of interest to the city, to meet with city
boards, commissions, or committee members, city staff or officers of civic organizations,
governing bodies or individuals specifically invited to the session by the mayor, council or city
manager. These meetings are informational and normally no final action shall be taken unless
the posted agenda indicates otherwise. However, the city council may, by consensus, provide
general direction to staff with regard to matters of interest or concern, understanding such
matters ultimately may require a formal vote of the council for implementation.
(5) Emergency meetings: In case of emergency or urgent public necessity, which shall be
expressed in the notice of the meeting, an emergency meeting may be called by the mayor, the
city manager or by three members of the council, and it shall be sufficient if the notice is posted
two hours before the meeting is convened.
(6) Closed meetings: The council may meet in a closed meeting pursuant to the requirements of
the Texas Open Meetings Act.
(7) Recessed meetings: Any meeting of the council may be recessed to a later time, provided that
no recess shall be for a longer period than until the next business day.
(8) Notice of meetings: The agenda for all meetings, including council committee or subcommittee
meetings, shall be posted by the city secretary on the city's official bulletin board and notice of
all meetings shall be given by the city secretary pursuant to the requirements of the Texas Open
Meetings Act.
(e) Presiding officer and duties.
(1) Presiding officer: The mayor, or in the absence of the mayor, the mayor pro-tem, shall preside
as chairman, or presiding officer at all meetings of the council. In the absence of the mayor and
the mayor pro-tem, the council shall elect a temporary presiding officer. (Charter, Section 2.03)
(2) Call to order: The meetings of the council shall be called to order by the mayor, or in his or her
absence, by the mayor pro-tem. In the absence of both the mayor and the mayor pro-tem, the
meeting shall be called to order by the city secretary, and a temporary presiding officer shall be
elected as provided above.
(3) Preservation of order: The presiding officer shall preserve order and decorum, and confine
members in debate to the question under discussion. The presiding officer shall call upon the
sergeant-at-arms as necessary to enforce compliance with the rules contained herein.
(4) Points of order: The presiding officer shall determine all points of order, subject to the right of
any member to appeal to the council. If any appeal is taken, the question shall be, "Shall the
decision of the presiding officer be sustained?" If a majority of the members present vote "No,"
the ruling of the chair is overruled; otherwise, it is sustained.
(5) Questions to be stated: The presiding officer shall state all questions submitted for a vote and
announce the result. A roll call vote shall be taken upon the request of any member, and upon
the passage of all ordinances and resolutions.
(6) Substitution for presiding officer: The presiding officer may call any other member to take his or
her place in the chair, such substitution not to continue beyond adjournment.
(7) Call for recess: The presiding officer may call for a recess of up to fifteen (15) minutes at
regular intervals of approximately one hour at appropriate points in the meeting agenda, or if
requested by any two (2) members.
(f) Order of business.
(1) Agenda: The order of business of each meeting shall be as contained in the agenda prepared
by the city manager, which shall be reviewed and approved by an agenda committee composed
of the mayor, the mayor pro-tem, and the city manager. When items are removed from the
consent agenda and placed on the regular agenda by members of the council, the removed
items shall be taken up in the order of removal right after the consent agenda. Placement of
items on the agenda shall be governed by this ordinance; provided that if a council member has
an "emergency" item that the council member believes should be placed on the next regular or
special meeting agenda, the placement must be approved by two members of the agenda
committee or at the direction of a majority of the council. Conduct of business at special
meetings will likewise be governed by an agenda and these rules of procedure.
(2) Pledge of Allegiance: Each agenda shall provide an item for the recital of the "Pledge of
Allegiance" at the regularly scheduled city council meetings. This item shall begin with the
recital of the pledge of allegiance for the United States flag and shall follow with a recital of the
pledge of allegiance for the Texas state flag in accordance with V.T.C.A. Government Code §
3100.101.
(3) Presentations by members of council or city manager: The agenda shall provide a time when
the mayor or any council member may bring before the council any business that he or she
feels should be deliberated upon by the council at a future council meeting. These matters need
not be specifically listed on the agenda, but discussion and formal action on such matters shall
be deferred until a subsequent council meeting. Any member may suggest an item for
discussion at a future work session. The city manager or city staff shall only respond
preliminarily on this item at the work session. If the city council believes the item requires a
more detailed review, the council will give the city manager or city staff direction to place the
item on a future regular meeting agenda and advise staff as to the background materials to be
desired at such meeting. The city council may receive from the city manager or city staff or a
member of the city council reports about items of community interest including expressions of
thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or
salutary recognition of a public official, public employee, or other citizen, except that a
discussion regarding a change in the status of a person's public office or public employment is
not an honorary or salutary recognition for purposes of this subdivision; a reminder about an
upcoming event organized or sponsored by the governing body; information regarding a social,
ceremonial, or community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the governing body or
an official or employee of the municipality; and announcements involving an imminent threat to
the public health and safety of people in the municipality that has arisen after the posting of the
agenda so long as authorized by the Texas Open Meetings Act.
(4) Presentations from members of the public:
a. Reports from members of the public: Reports from members of the public shall be received
through either of two (2) methods: 1) prior registration or 2) open microphone.
1) Prior registration. Any person who wishes to place a subject on the council agenda at
regular council meetings shall advise the city manager's office of that fact and the
specified subject matter which he or she desires to place on the agenda no later than
12:00 p.m. Thursday prior to the council meeting at which he or she wishes the
designated subject to be considered. Such reports shall be heard at the beginning of
the regular meeting of the city council pursuant to an agenda posting allowing a period
of public comment. Up to four (4) speakers per meeting will be assigned to speak at
this forum.
Each speaker providing a report shall speak for no longer than four (4) minutes. At the
conclusion of each report, council may pose questions to the speaker concerning his
or her report. Council may also engage in discussion concerning each report. If the
city council believes that a speaker's report requires a more detailed review, the
council will give the city manager or city staff direction to place the item on a future
work session or regular meeting agenda and advise staff as to the background
materials to be desired at such meeting.
2) Open microphone. At the beginning of the regular meeting of the city council, up to
two (2) persons who have not registered to speak as above described may make
comments through the open microphone procedure. Such person(s) shall have filed a
"Blue Card" requesting to speak during this period prior to the calling of this agenda
item. At the time the city council calls the Open Microphone comment period, a person
may present himself or herself and make public comments regarding public business;
provided however, such persons shall not be allowed to speak to items on the current
agenda in light of other established procedures for taking such comments as specified
in these rules.
No person may fill out a "request to speak" form in order to speak or comment on
another person's report, which is given at the same council meeting. An
announcement may be made, prior to the time for reports from members of the public
on the agenda, summarizing the main portions of the rules and the "code of conduct"
as they may apply to members of the public speaking to the council. Any speaker
providing a report shall speak for no longer than four (4) minutes on all items that he
or she may bring before the council at each meeting.
b. Work session or workshop items: As it concerns the workshop agenda, citizens or other
interested persons may not participate in the session unless invited to do so by the mayor.
If the mayor invites citizens to participate in a work session, their participation will cease at
the point the mayor closes the session to public input to allow the council to give city staff
direction as to needed information for the possible future meeting on the item. Citizens
should be advised of the nature of the work session, but that their input on these items is
premature until such item is placed upon a city council agenda for final action. The purpose
of this procedure is to allow the citizens attending the regular meeting the opportunity of
hearing the views of their fellow citizens in a more formal setting. Any citizen may supply
the city council a written statement or report regarding the citizen's opinion on a matter
being discussed in a work session.
c. Speaking on consent and regular agenda items: Any person who wishes to address the
council regarding a non-public hearing regular or consent agenda item that is on the
council's agenda, shall complete a "request to speak" form asking to speak regarding the
item and shall return it to the city secretary. On consent items, the request to speak card
shall be submitted prior to the citizen comment on consent agenda items at the beginning
of the city council meeting. On regular agenda items, the request to speak card shall be
submitted prior to the time the city council considers the item. The mayor will call upon the
person who desires to speak.
1) Consent agenda items: When consent agenda items are posted on an agenda,
citizens or other interested persons will be allowed to make citizen comment
immediately after the opening of the city council meeting and prior to workshop or
work session items on the agenda by filling out a "request to speak" card (aka a "blue
card") asking to speak on any or all consent agenda items and returning the form to
the city secretary. In the event a person is unable to attend the city council workshop
or work session, he or she may contact the city secretary prior to the opening of the
meeting and request that a consent agenda item be pulled from the consent agenda
in order to allow comment as an individual item at the regular meeting of the city
council. The city secretary shall make any such request known to the city council.
Consent agenda items are generally routine nature, so comment at this time facilitates
the regular council meeting where no citizen comment on consent agenda items will
be permitted, unless the item is removed from the consent agenda by a member of
the council to be considered as an individual item during the regular meeting.
Speakers will be allowed three (3) minutes per speaker and may comment on any or
all consent agenda items so long as any speaker's time does not exceed a total of
three (3) minutes.
2) Regular agenda items: During the regular session of the city council meeting, any
citizen or interested person may comment on an item posted on the agenda for final
action. Any person who wishes to address the council regarding a non-public hearing
item that is on the council's agenda, shall complete a "request to speak" form asking
to speak regarding the item and shall return it to the city secretary before the council
considers the item. This procedure applies to speakers desiring to speak to items for
individual consideration on the agenda during the regular meeting of the city council.
The mayor will call upon the person to speak. Speakers will be allowed three (3)
minutes per speaker as to any particular agenda item being considered by the city
council.
d. Public hearings:
1) Any person who wishes to address the council at a public hearing is encouraged to
complete a "request to speak" form and return it to the city secretary before the
applicable hearing. The mayor will call upon the person to speak. Speakers will be
allowed four (4) minutes per speaker as to any public hearing item. However, if
numerous speakers desire to comment on an item, council may limit speakers to three
(3) minutes per speaker. Applicants and their agents on public hearing items shall be
allowed to speak for no longer than ten (10) minutes per speaker with a total of twenty
(20) minutes for all speakers representing the applicant.
2) To facilitate the public hearing process in zoning cases the following procedure will be
used:
a) The mayor reads the zoning case caption, and then opens the public hearing.
b) The city manager introduces the city staff for presentation.
c) City staff presents facts relevant to the matter.
d) The applicant presents his or her case, with potential questions of the applicant
from the city council.
e) The council receives input from the public, with potential questions of speakers
from the city council.
f) The applicant will be given an opportunity to make rebuttal comments.
g) The city staff and/or the applicant will answer any questions of the city council.
h) Upon conclusion of these questions and answers, the mayor will continue or
close the public hearing.
e. Groups or organizations: Any group or organization comprised of four (4) or more members
present in the city council chambers who wishes to address the council at a public hearing
or on a non-public hearing agenda item shall designate a representative to address the city
council and shall limit their remarks to ten (10) minutes or less. The group or organization
shall turn in a written designation to the city secretary, on cards prepared by the city
secretary of a different color from cards submitted by individual speakers, prior to the
commencement of the meeting identifying the representative who will address the city
council on behalf of the group or organization. At the time the representative is recognized
by the mayor to speak, the group or organization will be asked to stand to be recognized
prior to the receipt of comments by the representative.
f. Discretionary time: At the discretion of the presiding officer or a majority of the city council,
any speaker may be granted an extension of time to speak.
g. Audio/Visual aids: Any citizen desiring to use audio/visual aids during presentations to
council shall submit such presentation to the city secretary twenty-four (24) hours prior to
the meeting where the presentation will occur.
(5) Presentation of proclamations: The agenda may provide a time for the presentation of
proclamations. The mayor or presiding officer may deliver and present proclamations upon the
request of citizens. Proclamations may encompass any activity or theme except that
proclamations with a theme religious or partisan in nature shall not be presented. Moreover,
proclamations shall not be used for any commercial or advertising purpose.
(g) Consideration of ordinances, resolutions, and motions.
(1) Printed or typewritten form: All ordinances and resolutions shall be presented to the council in
printed, typewritten or electronic form. The council may, by proper motion, amend any
ordinance or resolution presented to it at the meeting at which it is presented or direct that the
amended ordinance be placed on the next or any future council agenda for adoption.
(2) City attorney to approve: All ordinances, resolutions, and contracts and amendments thereto,
shall be approved as to form and legality by the city attorney, or he or she shall file a written
opinion on the legality of such ordinance, resolution or contract prior to submission to the
council. (Charter, Section 6.02)
(3) Distribution of ordinances and resolutions: The city manager shall prepare copies of all
proposed ordinances and resolutions for distribution to all members of the council at the
meeting at which the ordinance or resolution is introduced, or at such earlier time as is
expedient.
(4) Recording of votes: The yeas and nays shall be taken upon the passage of all ordinances and
resolutions and the vote of each member shall be recorded in the minutes and within each
respective ordinance and resolution. (Charter, Section 2.06 (b))
(5) Majority vote required: An affirmative vote of four (4) members is necessary to repeal any
ordinance or take any official action in the name of the city except as otherwise provided in the
Charter, by the laws of the State of Texas, or these rules. (Charter, Section 2.06)
a. Tie-Vote: Matters voted on by the city council which end in a tie-vote shall automatically be
placed on each subsequent council meeting agenda until a full council is present.
(6) Demand for roll call: Upon demand of any member, the roll shall be called for yeas and nays
upon any question before the council, with the exception of those circumstances set forth in
subsection (12), the previous question. It shall not be in order for members to explain their vote
during the roll call.
(7) Personal privilege: The right of a member to address the Council on a question of personal
privilege shall be limited to cases in which his or her integrity, character, or motives are
assailed, questioned, or impugned.
(8) Dissents and protests: Any member shall have the right to express dissent from or protest
against any ordinance or resolution of the council and have the reason therefor entered upon
the minutes. Such dissent or protest may be filed in writing, and presented to the council not
later than the next regular meeting following the date of passage of the ordinance or resolution
objected to.
(9) Voting required: No member shall be excused from voting except for lack of information and
except on matters involving the consideration of his or her own official conduct, or where his or
her personal interests are involved in accordance with V.T.C.A. Local Government Code Ch.
171 (Vernon 2014), and in these instances he or she shall abstain. Any member prohibited from
voting by personal interest shall announce this at the commencement of consideration of the
matter and shall not enter into discussion or debate on any such matter, shall leave the meeting
room, and shall file an affidavit of recusal. The member having briefly stated the reason for his
or her request, the excuse from voting shall be made without debate.
(10) Order of precedence of motions:
a. The following motions shall have priority in the order indicated:
1. Adjourn (when unqualified) and is not debatable and may not be amended;
2. Take a recess (when privileged);
3. Raise a question of privilege;
4. Lay on the table;
5. Previous question (⅔ vote required);
6. Limit or extend limits of debate (⅔ vote required);
7. Postpone to a certain time;
8. Commit or refer;
9. Amend;
10. Postpone indefinitely;
11. Main motion.
b. The first two motions are not always privileged. To adjourn shall lose its privilege character
and be a main motion if in any way qualified. To take a recess shall be privileged only
when other business is pending.
c. A motion to adjourn is not in order:
1. When repeated without intervening business or discussion;
2. When made as an interruption of a member while speaking;
3. While a vote is being taken.
d. Only certain motions may be amended as provided in the most current edition of Robert's
Rules of Order, revised. A motion to amend shall be undebatable when the question to be
amended is undebatable.
(11) Reconsideration: A motion to reconsider any action of the council can be made not later than
the next succeeding official meeting of the council. Such a motion can only be made by a
member who voted with the prevailing side. It can be seconded by any member. In order to
comply with the Texas Open Meetings Act, 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 to place the item for reconsideration on the council agenda. No question shall be twice
reconsidered, except by unanimous consent of the council, except that action related to any
contract may be reconsidered at any time before the final execution thereof. A matter which was
not timely reconsidered in the manner provided by this section or was reconsidered but the
action originally taken was not changed by the council cannot be reintroduced to the council or
placed on a council meeting agenda for a period of six (6) months unless this rule is suspended
as provided for in these rules of procedure.
(12) The previous question: When the previous question is moved and seconded, it shall be put as
follows: "Shall the main question be now put?". There shall then be no further amendment or
debate; except that nothing herein shall allow the previous question to be called prior to a least
one opportunity for each member of the council to speak on the question before the council.
Any pending amendments shall be put in their order before the main question. If the motion for
the previous question is lost, the main question remains before the council. An affirmative vote
of ⅔ of the council shall be required to move the previous question. To demand the previous
question is equivalent in effect to moving "That debate now cease, and the council shall
immediately proceed to vote on the pending motion". In practice, this is done with the phrase
"Call for the question", or simply saying "Question".
(13) Withdrawal of motions: A motion may be withdrawn, or modified, by its movant without asking
permission until the motion has been stated by the presiding officer. If the movant modifies his
or her motion, the seconding council member may withdraw his or her second. After the
question has been stated, the movant shall neither withdraw it nor modify it without the consent
of the council. The subject different from that under consideration shall be admitted under color
of amendment. A motion to amend an amendment shall be in order, but one to amend an
amendment to an amendment shall not be in order.
(14) Appropriations of money: Before formal approval by the council of motions providing for
appropriation of money, information must be presented to the council showing purpose of the
appropriation. In addition, before finally acting on such an appropriation, the council shall obtain
a report from the city manager as to the availability of funds and his or her recommendations as
to the desirability of the appropriation.
(15) Transfer of appropriations: At the request of the city manager, at any time during the fiscal
year, the council may by resolution transfer an unencumbered balance of an appropriation
made for the use of one department, division, or purpose; but no transfer shall be made of
revenues or earnings of any non-tax supported public utility to any other purpose.
(h) Creation of committees, boards and commissions.
(1) Council committees: The council may, by resolution and as the need arises, authorize the
appointment of council committees. Any committee so created shall cease to exist when
abolished by resolution of the council. Council committees shall comply with the Texas Open
Meetings Act.
(2) Citizen boards, commissions, and committees: The council may create other citizen boards,
commissions, and committees to assist in the conduct of the operation of the city government
with such duties as the council may specify not inconsistent with the City Charter or Code.
Creation of such boards, commissions, and committees and memberships and selection of
members shall be by council resolution if not otherwise specified by the City Charter or Code.
Any board, commission, or committee so created shall cease to exist when abolished by a
resolution approved by the council. No committee so appointed shall have powers other than
advisory to the council or to the city manager, except as otherwise specified by the Charter or
Code. All citizen boards, commissions, and committees shall comply with the procedural
requirements of the Texas Open Meetings Act. Any reference in this article to "citizen boards,
commissions, and committees" includes citizen task forces and citizen ad hoc boards,
commissions, and committees unless otherwise indicated herein.
(3) Appointments:
a. Individual city council members making nominations for members to citizen boards,
commissions, and committees will consider interested persons on a citywide basis.
b. The city council will make an effort to be inclusive of all segments of the community in the
board, commission, and committee appointment process. City council members will
consider ethnicity, gender, socio-economic levels, and other factors to ensure a diverse
representation of Denton citizens.
c. The city council will take into consideration an individual's qualifications, willingness to
serve, and application information in selecting nominations for membership to each board,
commission, and committee.
d. In an effort to ensure maximum citizen participation, city council members will continue the
general practice of nominating new citizens to replace board members who have served
three (3) consecutive terms on the same board per the provisions of Denton Code of
Ordinances, section 2-65. This provision does not apply to citizen task forces and citizen
ad hoc committees.
e. Each city council member will be responsible for making nominations for board, committee,
and commission places assigned to him or her, which shall correspond to the city council
member's place. Individual city council members will make nominations to the full city
council for the governing body's approval or disapproval.
(4) Rules of procedure:
a. All board, commission, and committee members, including citizen board, commission, and
committee members, shall comply with the provisions of article II of chapter 2 of the Code
of Ordinances. All board, commission and committee members, including citizen board,
commission, and committee members, shall be provided a copy of these rules of
procedure and a copy of the City of Denton Handbook for Boards, Commissions and
Committees, which shall govern operational procedures of all boards, commissions and
committees, including citizen boards, commissions, and committees. All boards,
commissions, and committees, including citizen boards, commissions and committees,
shall comply with these rules as to the preparation of minutes of meetings, and such
minutes shall be prepared in accordance with the policies and procedures of the city
secretary.
b. All citizen board, commission, and committee members shall comply with the procedural
requirements of the V.T.C.A., Texas Government Code Chapter 551, also known as the
"Texas Open Meetings Act" as they appear now or may be amended in the future. Notice
of all meetings shall be posted in compliance with the Texas Open Meetings Act and
minutes and records will be maintained in accordance with requirements of the city
secretary's office. Each citizen board, commission, and committee member shall be
provided a copy of the Texas Open Meetings Act. Penalty provisions of the Texas Open
Meetings Act shall only apply to citizen boards, commissions, and committees with rule
making or quasi-judicial power, as set forth in the Texas Open Meetings Act and as
interpreted by Texas Courts.
(i) Votes required. Questions on which the voting requirement is varied by the Charter, State Statutes
and these rules are listed below:
(1) Charter and state statutory requirements:
a. Charter amendment—Five (5) votes: Ordinances submitting proposed Charter
amendments must be adopted by a two-thirds (⅔) vote of the council. (TEX. CONST. art.
XI, § 3 and V.T.C.A. Local Government Code Ch. 9 (Vernon 2014.)) For a seven-member
council, this means five (5) members must vote affirmatively.
b. Levying taxes—Five (5) votes: Ordinances providing for the assessment and collection of
certain taxes require the approval of two-thirds (⅔) of the members of the council (V.T.C.A.
Tax Code § 302.101 (Vernon 2014)).
c. Changing paving assessment plans—Five (5) votes: Changes in plans for paving
assessment require a two-thirds (⅔) vote of the council (V.T.C.A. Transportation Code §
313.053(e) (Vernon 2014)).
d. Changes in zoning ordinance or zoning classifications: In cases of a written protest of a
change in a zoning regulation or zoning classification by the owners of twenty (20) percent
or more either of the area of the lots included in such proposed change, or of the lots
immediately adjoining the same and extending two hundred (200) feet therefrom, such
amendment shall not become effective except by the favorable vote of three-fourths (¾) of
all members of the city council; further, three-fourths (¾) of all the members of the city
council is required to override the decision of the planning and zoning commission that a
zoning change be denied (V.T.C.A. Local Government Code § 211.066 (Vernon 2014))
and section 35.3.4.C.(4) Denton City Code (Development Code)). ("All" members of the
city council is construed to mean all who are qualified to vote on a matter, and any legal
disqualification of a member could change the requisite number of votes required for
passage. City of Alamo Heights v. Gerety et al. , 264 S.W. 2d 778 (Ct. App. — San Antonio
(1954)).
e. Amendment of tax abatement policy: The guidelines and criteria adopted as the city's tax
abatement policy may be amended or repealed by a vote of three-fourths (¾) of all
members of the city council (V.T.C.A. Tax Code § 312.002(c) (Vernon 2014)).
(j) Severability clause. If any section, subsection, paragraph, sentence, clause, phrase or word in this
section, or application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted
such remaining portions despite any such invalidity.
(Ord. No. 2001-193, § 1, 5-1-01; Ord. No. 2001-204, § 1, 5-29-01; Ord. No. 2002-018, § 1, 1-8-
02; Ord. No. 2003-235, § 1, 8-5-03; Ord. No. 2003-373, §§ 1(6.3), 2; Ord. No. 2004-033, §
1(6.4b., c.), 1(6.5), 2-3-04; Ord. No. 2004-182, § 1, 7-20-04; Ord. No. 2004-298, § 2, 9-21-04;
Ord. No. 2005-174, § 1, 6-21-05; Ord. No. 2006-175, § 1, 6-20-06; Ord. No. 2008-159, § 1, 7-
15-08; Ord. No. 2009-174, § 1, 8-4-09; Ord. No. 2010-258, § 1, 10-19-10; Ord. No. 2010-312, §
1, 12-7-10; Ord. No. 2011-038, § 1, 3-1-11; Ord. No. 2015-231, § 1, 8-4-15 ; Ord. No. 2016-197, §
1, 7-19-16; Ord. No. 2018-551, § 2, 4-17-18; Ord. No. 2018-574, § 2, 4-17-18; Ord. No. 2018-
1376, § 2(Att. A), 8-28-18)
City of Denton
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
ACM: Mario Canizares
DATE: April 2, 2019
SUBJECT
Provide a report, hold a discussion, and give staff direction regarding appointment to, and removal from,
all boards and commissions of the City.
BACKGROUND
The City of Denton’s Board of Ethics recently had two members report a “leave of absence” from their
Board position. Article III, Division 3, Section 2-83(c) of the City of Denton Code Ordinances addresses
attendance requirements for Boards and Commissions. There is no reference within this article about
members taking a “leave of absence.” As a result, any absences at future meetings could be considered
“unexcused,” thereby triggering the clause that missing, “…more than (3) regularly called and scheduled
meetings of the board, commission, or committee of which he or she is a member in any one (1) year or
lack of attendance at fifty (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 section 14.16 of the Charter, for removal of the
member by the city council from such board, commission, or committee.”
Due to a recent resignation, meeting attendance, and other factors, including two members reported to have
taken a leave of absence, concerns have been raised about the Board of Ethics’ ability to maintain a quorum
at future meetings. For the Board of Ethics, a quorum is comprised of four members (alternates can be used
to reach a quorum). The table below outlines current Board membership status:
Nominating CM Member Membership Status Present Term
Gerard Hudspeth VACANT [Sandy Kristoferson] Vacant 2018-2020
Keely Briggs Lara Tomlin Current 2018-2019
Don Duff Don Cartwright Current 2018-2020
John Ryan Jesse Davis [Chair] Current 2018-2019
Deb Armintor David Zoltner [Vice Chair] Leave of Absence 2018-2019
Paul Meltzer Karen McDaniels Current 2018-2020
Chris Watts Ron Johnson Abstain due to Conflict 2018-2020
Deb Armintor Deborah Cosimo (alternate) Current 2018-2020*
Gerard Hudspeth Ben Clark (alternate) Attended No Meetings 2018-2020*
Deb Armintor Kara Engstrom (alternate) Leave of Absence 2018-2020*
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
*Still need to draw lots to determine Term-End date
The complaints that the Board of Ethics is currently considering were filed by Board Member, Ron Johnson.
As such, Mr. Johnson is currently abstaining deliberation, thereby further limiting the number of members
who are eligible to deliberate and resolve the current complaints.
Vacancies due to resignations or removal for cause may be filled using the City Council’s typical Board
and Commission nomination/appointment process. Once a qualified nominee is submitted, that vacancy can
be filled at the next official meeting of the City Council.
OPTIONS
Staff is seeking direction from the City Council on how to address membership concerns associated with a
reported leave of absence by a member of City Board or Commission.
Option 1: Consider a reported “leave of absence” as an automatic resignation from the board. This
would require an amendment to the Code of Ordinances and, depending on how this is structured,
could impact requirements for either the Board of Ethics only or all Boards and Commissions.
Option 2: Consider a reported leave of absence as an unexcused absence. Once board members on
reported leave reach three unexcused absences that would be considered “cause” for removal
pursuant to Section 2-83(c) of the Code and Article XIV, Section 14.16 of the City Charter.
Alternatively, the City Council may amend Section 2-63 to define a leave of absence as neglect of
duty and, therefore, “cause” for removal.
Option 3: Consider a reported leave of absence an excused absence by amending Section 2-83(c) of
the Code to make a leave of absence qualify as “excused.”
EXHIBITS
Exhibit 1 – Agenda Information Sheet
Exhibit 2 – Resolution 18-1121
Exhibit 3 – Resolution 18-1214
Exhibit 4 – Board of Ethics Meeting Attendance
Exhibit 5 – Ordinance 18-757
Exhibit 6 – Ordinance 18-1043
Exhibit 7 – Presentation
Respectfully submitted:
Rachel Wood and Rosa Rios
Chief of Staff City Secretary
Board & Commission
Appointment and
Removal Process
(Leave of Absence)
APRIL 2, 2019
Leave of Absence
Two Board of Ethics Committee members have recently reported a “leave of absence”
from their respective positions.
The Denton Code of Ordinances does not include a provision for Board and Commission
members taking a leave of absence.
Article III, Division 3, Section 2-83(c) Code Ordinances addresses attendance and
includes provisions for excused and unexcused absences:
o More than 3 unexcused absences from regularly called meetings or missing more than 50% of
meetings in a calendar year would be considered “cause” for removal.
o Excused absences 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, commission, or
committee finds qualify as an excused absence.
APRIL 2, 2019 ID 19-743 2
Quorum Concern
Recent resignations, meeting attendance, the status of open complaint, and other
factors including two members reporting a leave of absence has presented concerns
regarding the Board of Ethics’ ability to maintain a quorum at future meetings.
For the Board of Ethics, a quorum is comprised of four members.
Vacancies due to resignations or removal for “cause” may be filled using the typical
Board and Commission nomination and appointment process.
Staff is seeking direction on how the City Council wishes to address reported leaves of
absence.
While this issue was presented as a concern for the Board of Ethics, similar issues could be presented with other
Boards and Commissions should a member decide to report a leave of absence.
3APRIL 2, 2019 ID 19-743
Options
Option 1:Consider a reported leave of absence an automatic resignation from the board. This
would require an amendment to the Code of Ordinances and, depending on how this is
structured, could impact requirements for either just the Board of Ethics or all Boards and
Commissions.
Option 2:Consider a reported leave of absence as an unexcused absence. Once board members
on reported leave reach three unexcused absences that would be considered “cause” for
removal pursuant to Section 2-83(c) of the Code and Article XIV, Section 14.16 of the City
Charter. Alternatively, the City Council may amend Section 2-63 to define a leave of absence as
neglect of duty and, therefore, “cause” for removal.
Option 3:Consider a reported leave of absence an excused absence by amending Section 2-
83(c) of the Code to make a leave of absence qualify as “excused.”
4APRIL 2, 2019 ID 19-743
Board of Ethics Membership Status
5
Nominating CM Member Membership Status Present Term
Gerard Hudspeth VACANT [Sandy Kristoferson]Vacant 2018-2020
Keely Briggs Lara Tomlin Current 2018-2019
Don Duff Don Cartwright Current 2018-2020
John Ryan Jesse Davis [Chair]Current 2018-2019
Deb Armintor David Zoltner [Vice Chair]Leave of Absence 2018-2019
Paul Meltzer Karen McDaniels Current 2018-2020
Chris Watts Ron Johnson Abstain due to Conflict 2018-2020
Deb Armintor Deborah Cosimo [alternate]Current 2018-2020
Gerard Hudspeth VACANT [Ben Clark –alternate]Resigned 2018-2020
Deb Armintor Kara Engstrom [alternate]Leave of Absence 2018-2020
APRIL 2, 2019 ID 19-743
Date: 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
DIVISION 2. - QUALIFICATIONS FOR MEMBERS
Sec. 2-61. - Requirements generally.
Each member of a board or commission, in addition to qualifications prescribed by federal or state
law or ordinance, shall be a qualified voter of the city.
(Code 1966, § 1-21(a); Ord. No. 93-140, § I, 8-3-93)
Sec. 2-62. - Conflict of interest.
A member of a board or commission of the city having a substantial interest in a business entity or
real property, as those terms are defined in chapter 171 of the Texas Local Government Code as it now
reads or may hereafter be amended, shall comply with chapter 171 and, if necessary, shall abstain from
voting on a matter involving the business entity or real property and file an affidavit setting forth the
substantial interest in the matter to be voted upon.
(Code 1966, § 1-22; Ord. No. 96-154, § II, 7-9-96; Ord. No. 99-268, § 1, 8-3-99)
Charter reference— Personal interest of officers and employees, § 14.04.
State Law reference— Conflict of interest, V.T.C.A., Local Government Code § 171.001 et
seq.
Sec. 2-63. - Removal from office.
Should a board or commission member cease to meet the qualifications prescribed in section 2-61 or
2-62, if applicable, or should such member be convicted of a felony during his term of service, such failure
or conviction, as the case may be, shall be cause for removal.
(Code 1966, § 1-23)
Sec. 2-64. - Exceptions.
The provisions of this article shall not apply to task forces, ad hoc committees or other commissions
established by the city council from time to time to make recommendations with respect to a particular
subject or issue and which are not intended to be permanent in nature.
(Code 1966, § 1-24)
Sec. 2-65. - Term of office.
No board or commission member shall be eligible for appointment to a board or commission for more
than three (3) consecutive terms on such board or commission. A board or commission member who has
served three (3) consecutive terms shall not be eligible for reappointment to that same board or
commission for a period of one year.
(Ord. No. 93-140, § II, 8-3-93; Ord. No. 93-212, § I, 11-16-93)
Secs. 2-66—2-80. - Reserved.
Sec. 2-63. - Removal from office.
Should a board or commission member cease to meet the qualifications prescribed in section 2-61 or
2-62, if applicable, or should such member be convicted of a felony during his term of service, such failure
or conviction, as the case may be, shall be cause for removal.
(Code 1966, § 1-23)
Sec. 2-83. - General rules.
(a) Quorum. A quorum for the transaction of business of a board shall be a majority of the members
appointed to the board.
(b) Voting required. No attending member of a board shall be excused or shall abstain from voting on
any matter before the board on which a vote is called or required, except where a board member's
personal interest is involved. When such member's personal interest is involved, such member shall
announce such interest at the commencement of consideration of the matter, and such member shall
not enter into discussion or debate on such matter and shall abstain from voting thereon and shall fill
out an affidavit stating such interest in accordance with V.T.C.A., Texas Local Government Code §
171.004. A member shall be considered to have a personal interest in a matter whenever any matter
before the board could or does affect the member's financial interest. The phrase "financial interest"
when used herein shall have the same meaning as "substantial interest in a business entity" as that
phrase is defined in V.T.C.A., Texas Local Government Code § 171.002.
Charter reference— Personal interest, § 14.04.
(c) Absences. Every board, commission, and committee member shall attend all regularly called and
scheduled meetings of the board, commission, or committee of which he or she is a member. The
chairperson shall announce, for the record, the names of members absent and determine if the
absence is excused or unexcused. Members who cannot attend the meeting should contact the
chairperson or an appropriate staff liaison concerning his or her absence prior to the meeting. The
unexcused absence of any board, commission, or committee member from more than three (3)
regularly called and scheduled meetings of the board, commission, or committee of which he or she
is a member in any one (1) year or lack of attendance at fifty (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 section 14.16 of the Charter, for removal of the member by the city council from such board,
commission, or committee. 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, commission, or committee finds qualify as an excused absence. Attendance reports will be
provided by boards, commissions, and committees to the city council on a quarterly basis for their
review. Copies of this ordinance shall be forwarded to members of all of the standing boards,
commissions, and committees and to new members as they are appointed.
(Code 1966, § 1-44; Ord. No. 96-154, § III, 7-9-96; Ord. No. 00-046A, § 1, 2-1-00)
Sec. 2-84. - Nominating and appointing members to certain boards.
All nominations to the public utilities board and parks and recreation board shall be by procedures
established by the city council to fairly allow each member of the city council an opportunity to nominate a
member to each of these boards. All appointments to the public utilities board and parks and recreation
board shall be by affirmative vote of four (4) members of the city council.
(Ord. No. 96-169, § I, 7-16-96; Ord. No. 99-268, § 2, 8-3-99)
Sec. 12.07. - The public utilities board.
(a) There is hereby created a public utilities board to be composed of seven (7) members, or as many
members as there are councilmembers, whichever is greater, appointed by the council for four-year
terms and until their respective successors have been appointed and qualified. Members of the
board may be removed by the council only for cause and only after charges have been filed and
published and the member has been given a reasonable opportunity to defend himself in an open
public hearing before the council. Vacancies shall be filled for any unexpired term in the same
manner as provided for regular appointments.
(b) The city manager and director of utilities shall be ex officio members of the board. They shall attend
all meetings of the board and shall have the right to discuss any matter that is under consideration by
the board but shall have no vote.
(c) Members of the public utilities board shall have the same qualifications as are required by
membership on the city council.
(d) At its organizational meeting, and annually thereafter as soon as the newly appointed member (or
members) has qualified; the board shall select from its own membership a chairman, vice-chairman,
and secretary. A majority of the regularly appointed members shall constitute a quorum. The board
shall determine its own rules and order of business. The board shall meet at least once each month;
all meetings shall be conducted in accordance with the Texas Open Meetings Act, chapter 551 of the
Texas Government Code, as it may now read or hereafter be amended and all other applicable laws
and a permanent record of proceedings shall be maintained, except as otherwise provided by law.
(Ord. No. 76-12, Amend. No. 8, 4-5-76; Ord. No. 99-057, Amend. No. 23, 2-16-99, ratified 5-1-
99; Ord. No. 2006-232, Amend. No. 20, 8-28-06, ratified 11-7-06)
Sec. 14.16. - Boards and commissions.
Members of boards and commissions of the City of Denton shall serve at the pleasure of the council.
Members of such boards and commissions may be removed by the council only for cause and only after
being given notice by the council.
(Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80)
City Council Requested Rules of Procedure and Code of Ordinances RevisionsSubject Current State Potential Revision Revision Mechanism Council Feedback from 9/24Unlimited Public Comment at Council Meetings or Dedicated Monthly Public Comment Meeting Up to four speakers may schedule a Citizen Report per Council meeting Up to two speakers may speak for up to four minutes per Council meeting on topics not listed on the agendaAllow for unlimited Public Comment or have monthly Public Comment Town Hall Rules of Procedure Revision Increase the number of public comment slots from 6 (4 citizen comment and 2 open mic) to 7 and allow any combination of open mic/citizen comment with a cap of 7 total speakers Speaking More Than Once at a Public HearingCitizens may one time for up to four minutes per Public Hearing itemAllow for citizens to speak more than once during a Public Hearing Rules of Procedure Revision Allow residents to provide a rebuttal after the applicant's rebuttal. Resident rebuttal may be for up to four minutes and may only be made by residents who provided initial input prior to the applicant rebuttalMotion for Reconsideration Motions for reconsideration must be made at the next succeeding official Council meeting, this includes City Council LuncheonsConsider options to give Council Members more time to make a motion for reconsideration; staff is recommending an ordinance revision allowing up to 14‐days to make such a motion or place the motion on an agenda Rules of Procedure Revision Keep process as is, but need clarity from the City Attorney's Office regarding if a motion for reconsideration can be made the same evening that the initial vote was made by the City CouncilLeave of AbsenceThe Code of Ordinances does not currently include a provision for board, commission, committee, or Council members to take a leave of absenceReassign discretion on excused and unexcused absences, including reported leaves of absence to the City Council Code of Ordinances Revision No reference to Leave of Absence in the Code. Revise Sec. 2‐83c granting City Council the sole discretion to determine excused vs. unexcused absencesMayor's Ability to Make or Second a Motion Rules of Procedure is silent on the Mayor’s ability to second a motion, making Robert’s Rules of Order applyPer Robert’s Rules of Order, the Mayor is a member of the voting body and has the same rights and privileges as all other membersThe request was for clarification on if the Mayor could make a motion or second a motion. Given the application of Robert's Rules of Order, the Mayor currently has the same rights and privileges as City Council members, including the making and seconding motionsA revision is unnecessary if City Council is comfortable with the application of Robert's Rules of Order No need for change, this was included for clarification purposesTie‐Vote (Excluding P&Z)Matters voted on are automatically placed on each subsequent agenda until a quorum is present and the tie is brokenMirror the tie‐vote provision in the Denton Development Code that applies to the Planning & Zoning Commission in the Rules of Procedure so that tie‐votes would be treated as a denial by the board/commission/committeeRules of Procedure Revision Apply Robert's Rules of Order provision that tie‐vote would be treated as a denial for all boards, commissions and committees. Note: under the DDC if there is one tie‐vote, it comes back to P&Z on a subsequent agenda, if there is a second tie vote, then it is treated as a denial and a simple majority of Council is required for Council vote New Elected Officials Replacing Existing Board, Commission, and Committee MembersCode of Ordinances is silent on an election or Council turnover being "cause" for a Council Member to update or replace nominations assigned to their respective seatInclude Council turnover as "cause" for existing board/commission/committee members to be removed from office if desired by the new elected official assigned to the seat that nominated themCharter Amendment and Code of Ordinances Revision Keep process as is ‐note that CM Briggs and MPT Hudspeth both referenced a desire to decrease the term length for PUBReading Constituent Emails during Council Meetings Typically, emails read aloud by elected officials during Council meetings are included in that week's Friday Report for full Council reviewFormally requiring that emails or other correspondence read aloud during official meetings be provided in the same week's Friday Report (or other means) would require a Rules of Procedure revisionRules of Procedure Revision No action necessary