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ORDINANCE VO, 2017-402
WHEREAS, at a City Council Work Session held on October 10, 2017, the City Attorney
presented a report regarding the Texas Open Meetings Act ("TOMA") as it related to Section 3.13.
("Receive Scheduled Citizen Reports from Members of the Public") of the City Council's Regular
Meeting Agenda; and
WHEREAS, during that presentation, the City Attorney explained to the City Council the
potential TOMA legal issues concerning the wording of the Section 3.13. captions, which captions
are drafted and turned in to the City Secretary for posting; and
WHEREAS, the typical Section 3.13. caption wording is inconsistent with the custom the
City uses to allow for the City Council to discuss and take action on the item, and thus could subject
the City Council to a possible TDMA violation; and
WHEREAS, during the presentation a question was asked whether the City Council could
ask questions of the speaker and engage in Council discussion, to which the City Attorney advised
that they could if they amended Section 2-29 ("Council Rules of Procedure") and the Regular
Meeting Agenda so as to provide the general public advance notice that questions and/or discussion
may be had; and
WHEREAS, at the end of the City Attorney's presentation, the City Council directed the
City Attorney to bring back an ordinance which would: (a) allow the City Council to discuss
Section 3.13. items; (b) allow the City Council to ask questions of the citizen speaker; (c) allow the
City Council to request that a Section 3.13. item be further researched and presented by City Staff at
a later City Council meeting; and (d) modify the total time allotted for a Section 3.13. item to five (5)
minutes, with three (3) of those minutes allotted to the citizen speaker's presentation and two (2) of
those minutes allotted to City Council discussion; and
WHEREAS, the City Council also directed that such ordinance would be implemented on a
trial basis in the form of a "Citizen Comment Pilot Program" to determine whether to continue the
Section 3.13. changes on a full-time basis;
WHEREAS, per Denton City Code, Section 2-29(b)(14), this ordinance was introduced at
the City Council's December 5, 2017 Work Session, where the City Council was provided with an
opportunity to review and comment on the ordinance; NOW, THEREFORE,
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The foregoing recitals are adopted as findings of the City Council as though set forth fully
herein.
The provisions of the Citizen Comment Pilot Program shall supersede and prevail over any
contrary provisions within Section 2-29 of the City Code for the duration of the Pilot Program.
For the duration of the Citizen Comment Pilot Program, Section 2-29(f)(4)a. 1. shall read as
follows:
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 the 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 three (3) 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.
The total time allotted to Council for posing questions or engaging in discussion for
each report shall not exceed two (2) minutes. 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.
SECTION 4. Implementation Actions.
The City Secretary is directed to modify Section 3.13. of the City Council's Regular Meeting
Agenda to be in conformity with this Ordinance. The City Manager is directed to modify the video
announcement that advises members of the public the procedures for addressing the City Council to
be in conformity with this Ordinance.
That this Ordinance shall become effective January 1, 2018.
Fwati
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2018.
This Citizen Comment Pilot Program shall have no further force or effect after March 30,
SECTION 7. Severability Clause.
If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, 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.
PASSED AND APPROVED this the ww ww� day of p o Cm „ 2017.
CHRIS. ,VOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
AP )VIED A TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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