1 - R2009-032 - Original Adoption - Adopted November 17, 2009RESOLUTION
RESOLUTION NO. (£P~f-(}32_
A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF
DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND COUNCIL COMMITTEES;
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. The City Council hereby adopts the City of Denton Handbook for Boards,
Commissions, and Council Committees, a copy of which is attached hereto.
SECTION 2. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
~--6-1---
ATTEST: ~-
'"JENNIFpR~\VALTERS, CITY SECRETARY
APP VEDA TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY::L·~\,\,..,. 1'= •j \
S:'Our Documaus\Rcsola~lc.doc
CITY OF DENTON
HANDBOOK for BOARDS, COMMISSIONS,
and COUNCIL COMMITTEES
Prepared
November 2009
RESOLUTION NO. (£P~f-(}32_
A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF
DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND COUNCIL COMMITTEES;
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. The City Council hereby adopts the City of Denton Handbook for Boards,
Commissions, and Council Committees, a copy of which is attached hereto.
SECTION 2. This resolution shall become effective immediately upon its passage and
approval.
ATTEST: ~.
'"JENNIFpR~\VALTERS, CITY SECRETARY
APP VEDA TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
. (L ~
BY::L·~\,\,..,. 1'= •j \
S:'Our Documaus\Rcsola~lc.doc
TABLE OF CONTENTS
Introduction .................................................................................................................... 7
Denton's Approach to City Government ................................................................... 9
Policies Affecting Service ............................................................................................ 11
Attendance ................................................................................................................. 11
Service Li111itations .................................................................................................... 12
Termination of Appoinbnent .................................................................................. 12
Minutes of Meetings and Attendance Records ..................................................... 12
Advisors, Subcommittees, and Ad-Hoc Committees .......................................... 12
Overview of Legal Responsibility ............................................................................. 13
Sa111ple For111s ............................................................................................................... 15
Statement of Elected/ Appointed Officer .............................................................. 15
Oath of Office ............................................................................................................. 16
Election of Officers ....................................................................................................... 17
Conflicts of Interest ...................................................................................................... 19
Chapter 171 Conflict ................................................................................................. 19
h1co111patibility of Office .......................................................................................... 20
Appearance of Conflict ............................................................................................ 20
Chapter 176 Conflicts Disclosure ........................................................................... .21
Compliance with Texas Open Meetings Law ......................................................... .23
Open Govern111ent Training .................................................................................... 23
Texas Open Meetings Act .......................................................................................... 25
What Constitutes a Meeting? .................................................................................. 25
Notice .......................................................................................................................... 26
Open Sessions ............................................................................................................ 27
Closed Meetings ........................................................................................................ 28
Records of Meetings ................................................................................................. 30
Penalties and Remedies for Violations of the Act ................................................ 30
Conclusion ................................................................................................................. 31
3
Procedures for Conducting a Meeting ..................................................................... 33
Role of the Chairperson and the Agenda .............................................................. 33
Rules of Thu111b ......................................................................................................... 33
Procedural Rules of Order ....................................................................................... 34
What is a Quoru111? ................................................................................................... 35
Su111111ary .................................................................................................................... 35
Guidelines & Rules of Procedure ............................................................................... 37
Creation ...................................................................................................................... 37
Appoint111ents ............................................................................................................ 37
Purpose ....................................................................................................................... 38
Structure ..................................................................................................................... 38
Additional Guidelines & Procedures for City Council Committees ................. 38
Minutes ....................................................................................................................... 39
Boards, Commissions, & Council Committees ....................................................... .41
Judicial or Quasi-Judicial Boards ............................................................................ 41
Civil Service Commission .............................................................................. .41
Construction Advisory and Appeals Board ................................................ .41
Denton Housing Authority Board ................................................................. 42
Historic Landmark Commission .................................................................. .42
Planning & Zoning Commission ................................................................... 42
Zoning Board of Adjustment ........................................................................ .43
Advisory Boards ........................................................................................................ 44
Airport Advisory Board .................................................................................. 44
Animal Shelter Advisory Committee ........................................................... .44
Community Development Advisory Committee ........................................ 44
Economic Development Partnership Board ................................................ .45
Human Services Advisory Committee ........................................................ .45
Library Board .................................................................................................... 45
Parks, Recreation & Beautification Board .................................................... .46
Public Art Co111111ittee ...................................................................................... 46
Public Utilities Board ....................................................................................... 46
Traffic Safety Commission ............................................................................. .47
Citv Council Co111111ittees ......................................................................................... 48 .,
Agenda Co111111ittee .......................................................................................... 48
Audit/ Finance Co111111ittee ............................................................................. 48
Council Appointee Performance Review Committee ............................... .48
Co111111ittee on the Environ111ent .................................................................... 49
Council Ethics Co111111ittee .............................................................................. 49
Hotel Occupancy Tax Committee .................................................................. 49
Council Mobility Co111111ittee .......................................................................... 50
Local and Regional Co111111ittees ............................................................................. 51
4
Communitv Justice Council. .......................................................................... .51 ✓
Convention & Visitors Bureau ....................................................................... 51
Dallas Regional Mobility Committee ............................................................ 51
Denton Committee on People with Disabilities .......................................... 52
Lake Ray Roberts Planning & Zoning Commission ................................... 52
Regional Transportation Council .................................................................. 52
Tarrant Regional Transportation Coalition .................................................. 53
Texas Municipal Power Agency Board of Directors ................................... 53
Appendix
Appendix i -Code of Ordinances
Chapter 2, Art. III §2-61 to 2-84 ..................................................................... .55
Appendix ii-Resolution No. R2006-003
Code of Ethics ................................................................................................... 59
Appendix iii -Ordinance #2009-17 4
Amending Chapter 2, Art. II §2-29
of the Code of Ordinances .............................................................................. 63
Appendix iv -Committee Resolution No. R2009-015 ......................................... 77
Audit/Finance Committee
City Council Appointee Performance Review Committee
Committee on the Environment
Ethics Committee
Hotel Occupancy Tax (HOT) Committee
Mobility Committee
5
6
INTRODUCTION
Congratulations on your recent appoinbnent to one of our City's boards, commissions
or City Council committees. Discussion in the handbook applies to all City Council
appointed citizen boards and commissions and all City Council committees unless
stated otherwise. Throughout the document, reference to "boards" should be
interpreted to mean "commissions and committees" as well, unless otherwise stated.
As the City of Denton continues to grow, so does the need for citizen advice and
assistance. This need has led to a growth in the number and importance of citizen
boards at City Hall. The City could not function without the outstanding advice,
expertise, and time provided by individuals like you who volunteer to serve. The City's
boards link the City Council and staff to the citizens of Denton and help keep our city
government vital, responsive, and accountable. The basic duty of each board is to apply
City policy as expressed in the City Charter, its Code of Ordinances, and through
Council directives to individual circumstances and issues placed before the board.
Should a policy or directive require clarification, the board should request such from
the Council.
The handbook is designed to assist you in your service. It consolidates provisions of the
City Charter, Code of Ordinances, and other regulations into one place to assist you as a
board member. It will provide a general introduction to topics and processes that
directly affect members of boards. Keep in mind, not all the provisions will apply
equally to every board. In cases of legal liability, for example, members of some boards
may be more susceptible than members of other boards. The staff liaison assigned to
your board will be able to provide you with more information on the specific duties and
responsibilities of the particular board and its members. While no one document could
adequately cover all aspects of serving on a board, the handbook has been designed as a
basic reference point from which a board member can build an extensive knowledge of
his/her responsibilities to the citizenry of Denton. The handbook has been adopted by
resolution of the City Council and will be updated from time to time. If any provision
of the handbook is in conflict with any Code or Ordinance of the City, then such Code
or Ordinance shall prevail.
The City Secretary's staff and the City Attorney's staff are available as resources to all
boards. Any requests for assistance should be coordinated through the staff liaison
assigned to the board on which you serve.
Thank you for your interest in serving your community. Your efforts will make Denton
a better place to live and work.
7
8
DENTON'S APPROACH TO CITY GOVERNMENT
The basic operating document of the City of Denton is the City Charter. The Charter
determines the form of municipal government, the composition and powers of the City
Council, and contains the basic legal framework necessary for a city to function.
Denton's home-rule Charter was adopted on February 24, 1959, and has been modified
since then from time to time by the voters. The Charter provides for the operation of
municipal functions under the council-manager form of government.
Under the council-manager plan, the citizens of Denton elect a City Council, comprised
of a mayor and six (6) members. The City Council members are elected with residency
requirements for all members. Four Council members are elected from one of four
single member districts. The Mayor and two other Council members are elected at-
large. The Mayor and each Council member serve two-year terms with a consecutive
three full term limit. The Mayor's responsibilities include presiding over Council
meetings, serving as ceremonial head of the City, and signing certain official
documents.
The City Council has all the powers of a home-rule municipal government under state
law for which they are accountable to the citizens of Denton. The Council exercises
power by determining policy, adopting the budget and employing a City Manager who
is held accountable for the administration and direction of the municipality. The
Council also appoints the City Attorney, City Auditor, and Municipal Court Judge. The
council-manager plan under which Denton functions is consciously designed to
concentrate policy-making with the Council and to separate policy and legislation from
administration.
As a board member, most of your contact will be with the staff liaison for your board.
Board members and staff liaisons must be aware of the duties and responsibilities of the
board and help it to fulfill its mandate to the citizens of Denton.
9
10
POLICIES AFFECTING SERVICE
ATTENDANCE!
You, as an interested and informed citizen, are essential to effective local government.
Because your viewpoint is so valuable to the City Council members, they take your
appoinbnent, attendance and involvement on a board very seriously and ask that you
do also.
The Council is aware that board members have careers and other responsibilities that
demand their time. However, because of the importance the Council places on citizen
boards, they ask that each new board member make every effort to attend all meetings
of the board. In addition, the Council asks each board member to notify the staff liaison
of their board in advance if they will be unable to attend a board meeting.
Per §2-83(c) of the Code of Ordinances of the City of Denton (appendix i), an excused
absence shall include personal or family illness, death of a family member, jury duty,
service in the armed forces, testifying before the legislature, attending a seminar
involving municipal matters of importance to the member's duties, absence necessary
for the member's business or employment, and any related emergencies or other
matters which the board finds qualifying as an excused absence.
Per §2-83 (c) Code of Ordinances, the unexcused absence of any board member from
more than three regularly called and scheduled meetings of the board of which he is a
member in any one year or lack of attendance at 50 percent of the number of regular
meetings in a year, shall be considered "cause," as that term is used in §14.16 of the
Charter of the City of Denton for removal of said member by the City Council from
such board.
In the event that a board member violates the above attendance policy, the staff liaison
shall notify the City Secretary. The City Secretary will contact the member in writing
and ask the board member to make a decision about whether their current schedule
will allow continued service. The letter will encourage the member to submit a letter
of resignation to the City Secretary if the board or commission member feels their
schedule will not allow continued service.
NOTE: In accordance with §2-83(c) of the Code of Ordinances, attendance records will
be forwarded by the staff liaison to the City Secretary's office quarterly.
1 Not applicable to City Council committees.
11
SERVICE LIMITATIONS
Members are usually appointed to a two-year term. Current City policy states that a
member can only serve three consecutive terms. A board member who has served three
consecutive terms shall not be eligible for reappoinbnent to that same board for a
period of one year.
TERMINATION OF APPOINTMENT
A member's appointment to a board can be terminated by written resignation from the
member or by action of the City Council.
MINUTES OF MEETINGS AND ATTENDANCE RECORDS
The staff liaison will provide a staff member at the meeting of each board to take
minutes of each meeting. Minutes of the meeting will be submitted for approval by the
members present at the next meeting with revisions, corrections, or amendments being
made at that time. The approved minutes shall be forwarded to the City Secretary's
office on a quarterly basis. For retention purposes, all agendas and minutes shall be
digitized and saved by the end of each calendar year. Further information regarding
minutes for City Council committees can be found in the "Guidelines and Rules of
Procedure" section of this handbook.
The attendance of all members shall be recorded by the staff liaison and forwarded to
the City Secretary on a quarterly basis.
ADVISORS, SUBCOMMITTEES, AND AD HOC COMMITTEES
No City board shall appoint persons outside its membership as advisors or to
subcommittees, ad hoc committees, or other accessory entities without prior approval of
the City Council.
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OVERVIEW OF LEGAL RESPONSIBILITY
It is important to understand that city boards are not legislative bodies. The only
legislative body in the City of Denton is the City Council, as outlined in the City
Charter. Boards fall into various categories, depending on the ordinance,
resolution, or state legislation creating such board or commission. These are:
a. Advisory boards and commissions (" Advisory Board Members");
b. Boards and commissions which act in a quasi-judicial manner or
perform some sovereign function of government ("Discretionary
Board Members"); and
c. Governmental, non-profit, and corporate boards and commissions.
Consult the City Attorney's office to ascertain whether your board is purely an
advisory board or if it acts in a quasi-judicial manner or performs a function of
government. A discretionary board member is considered an officer of the City,
which affects that member's legal status for such purposes as certain oaths of
office, the application of conflict of interest doctrines, and criminal statutes.
Attached is the City's ethics policy (appendix ii). All board members are
required to adhere to the policy. Note the ethics policy lists some state penal
laws that may be applicable to members. Should you have any questions
regarding the application of the ethics policy or the penal laws, consult the City
Attorney's office.
Board members are required to take one or more oaths of office. Consult the City
Secretary's office to make sure you have taken and signed such oaths before
serving as a board member.
Sample forms that may be required of board members are illustrated on the next
two pages of this handbook.
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14
Statement Of Elected/ Appointed Officer
(Pursuant to Tex. Const. art. XVI, §1(b), amended 2001)
I, ________ _, do solemnly swear (or affirm), that I have not directly or indirectly paid, offered,
promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public
office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward
to secure my appointment or confirmation, whichever the case may be, so help me God.
Affiant's Signature
Position to Which Elected/Appointed
Denton, Texas
City and/or County
SWORN TO and subscribed before me by affiant on this ____ day of ___________ _
Signature of Person Authorized to Administer Oaths/Affidavits
Printed Name Title
Form No. 2201 (Seal)
The City of Denton, Texas
OATH OF OFFICE
I, Name, do solemnly swear (or affirm), that I will faithfully execute the duties of the office
of the Board of the City of Denton, Texas, and will to the best of my ability preserve,
protect, and defend the Constitution and laws of the United States and ofthis State, and the
Charter and Ordinances of this City.
Signature
SUBSCRIBED and sworn to before me the undersigned on this the ___ day of
__________ , 2008. To certify which witness my hand and seal of office.
Signature of Person Administering Oath
Printed Na.me
Title
ELECTION OF OFFICERS
Procedures for the election of officers for appointed boards are established to
ensure consistency with the City Council's goals and policies in making board
appoinbnents. Except where otherwise provided by state law, federal law, City
Charter, or City ordinances or resolutions, election of officers for City of Denton
council-appointed boards will be as follows:2
•
•
•
The chair and vice-chair will be elected by voting board members .
Election of officers shall be annually as soon as practicable after the
annual appoinbnent process. If, for any reason, the chair or vice-
chair vacates their seat, a special election should be held to fill the
unexpired term. A temporary chair may be selected by the board
pursuant to Roberts Rules of Order.
The staff liaison, designated by the City Manager, shall serve as the
official secretary to the board or commission to ensure records are
maintained in accordance with requirements of the City Secretary's
office.
• The City Council shall reserve the right, as deemed necessary in
individual instances, to appoint the chair and vice-chair for any
special issue or temporary advisory committees. If the City Council
chooses not to make the appoinbnent for chair and vice-chair, then
the procedure outlined in this policy will apply.
Questions regarding the election of officers should be directed to the City
Attorney through your staff liaison.
J Check \vith staff liaison for special mles that apply to your board.
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CONFLICTS OF INTEREST
Chapter 171 Conflict
The State's conflict of interest law, Chapter 171 of the Texas Local Government
Code, although only applicable to officers of the City, has been made applicable
to all board members, whether advisory or discretionary, by Denton's Charter.
However, the penal provisions of Chapter 171 are not applicable to advisory
board members.
Chapter 171 requires a board member with substantial interest in a business
entity or real property to file an affidavit with the staff liaison and abstain prior
to a vote or decision on any matter involving the business entity or real property
if the action on the matter will have a special economic effect on the business
entity distinguishable from the effect on the public, or if it is foreseeable that the
action on the matter will have a special economic effect on the value of the real
property, distinguishable from its affect on the public. For example, the Attorney
General has opined that a special economic effect on the value of real property
distinguishable from the affect on the public exists when a P&Z board member
has an interest in real property located within 200 feet of property being rezoned.
However, the AG made it clear that these evaluations are highly fact intensive.
Ask yourself the question, will this action before my board affect the value of my
real property in a manner that is different from public at large?
You have a substantial interest in a business entity (non-profit or government
entity is not a business entity) if:
1. You own 10 percent or more of the voting shares of the business entity
or own either 10 percent or more or $15,000 or more of its fair market
value; or
2. You received funds from the business entity exceeding 10 percent of
your gross income for the previous year.
You have a substantial interest in real property if the interest is an equitable or
legal ownership with a fair market value of $2,500 or more.
You have a substantial interest if your close relative (within the first degree of
consanguinity and affinity) has a substantial interest.
A violation of Chapter 171 is a Class A misdemeanor.
19
If you think you have a Chapter 171 conflict contact the staff liaison prior to the
meeting to make arrangements for the signing of the required affidavit. The
affidavit must be signed prior to the item being considered. You should
announce that you have a conflict at the meeting and excuse yourself from the
room while the item is being considered. You should not participate on the
matter, including contacting members of the board or staff concerning the
matter. However, if you have any questions whether you have a Chapter 171
conflict, consult the City Attorney's office.
Incompatibility of Office
The common law doctrine of incompatibility of office prohibits you from holding
two conflicting public offices. This only applies to discretionary board members.
You cannot hold another public office that conflicts with your duties with the
board. Because this is very fact sensitive, you should consult with the City
Attorney's office if you hold another public office. You should do this prior to
being sworn in as a discretionary board member, as your acceptance of the
discretionary board appoinbnent may result in the automatic forfeiture of your
other public office.
Appearance of Conflict
There are times you will have a perceived conflict of interest even though it is not
a conflict that is prohibited by law. In those cases you should make a judgment
call as to whether you should abstain from the matter. The City's Ethics Policy
states:
"I will act with integrity and moral courage. I will be absolutely truthful.
I will make impartial decisions that are free of bribes, unlawful gifts,
narrow political interests and other personal interests that might impair
my independence of judgment. I will always decide what is best for the
whole city ... "
If you think the perceived conflict affects your ability of independent judgment
or there is a strong appearance that you lack the ability to divorce yourself from
the perceived conflict in making a decision, you should carefully consider
whether abstention is appropriate. Often, these are difficult judgment calls for
which there are no absolute right answers. In making your decision, you should
weigh the harm of participating against your general duty to serve on the board.
You have a duty to participate and vote on all matters that come before the
board, unless you have a conflict or you lack information to decide the issue. Do
not hesitate to consult with the City Attorney's office for guidance.
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Chapter 176 Conflicts Disclosure
Chapter 176 of the Texas Local Government Code requires you to file a Conflicts
of Information Statement ("CIS") with the City Secretary if you or your family
member (a) has an employment or business relationship with a City contractor or
vendor that results in taxable income, or (b) received or accepted one or more
gifts from a city Contractor or vendor (excluding gifts of food, lodging,
transportation, or entertainment accepted as a guest) with an aggregate value of
$250 in the preceding 12 months. You are required to file the form within seven
days after you become aware of the relationship with the City. The CIS is signed
under penalty of perjury and it is a Class C misdemeanor to fail to timely file the
form. However, it is a defense to prosecution if you file the CIS not later than the
seventh day after you receive notice of violation. Therefore, you have two
chances to comply.
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22
COMPLIANCE WITH THE TEXAS OPEN MEETINGS LAW
By City Council rule, all boards must comply with the Texas Open Meetings
Act. Some boards having decision-making authority include the Civil Service
Commission, Construction Advisory and Appeals Board, Denton Housing
Authority, Historic Landmark Commission, Planning & Zoning Commission,
and Zoning Board of Adjusbnent. All board meetings must be open to the
public unless they come under one of the specific exceptions listed in the Texas
Open Meetings Act for a closed meeting. Consultation with an attorney is one
of the exceptions listed, which allows the board to hold closed meetings.
Consult with the City Attorney's office before any closed meeting is posted to
make sure the Act is followed. There are criminal penalties for holding an
unauthorized closed meeting for boards with decision-making authority.
Minutes of each meeting must be taken and a record of votes and decisions kept
as public record. Written notice must be given of dates, times, and locations of
all meetings. It is a criminal violation to meet in less than a quorum for the
purpose of circumventing the Act. Therefore, it is recommended that when
more than two members are in any given place where City business is being
discussed, the meeting should be posted as a precautionary measure to avoid
the accusation of attempting or conspiring to conduct City business in private.
The Open Meetings Act does not apply to purely social gatherings, conventions,
or workshops such as Texas Municipal League events.
It is also very important that the board limit discussion during meetings to only
those items listed on the posted agenda. Conversation or action on items not
posted on the agenda would also be considered a violation of the Act.
OPEN GOVERNMENT TRAINING
While State law requires each board member of a decision-making body to
complete open government training no later than 90 days after taking office,
Denton' s policy is that all board and commission members complete this
training. This training includes the Open Meetings Act. The training
requirement may be satisfied via the Internet by visiting the Attorney General's
Web site3• As the training is completed, each person receives an identification
code that needs to be entered on the course completion certificate.
Alternatively, CD training discs are available in the City Attorney's office.
Upon completion of the CD training for the Open Meetings Act, the CD
provides board members with an identification code. Whether the training is
completed online or with the CD, each person must visit the Attorney General's
Web site, complete the certificate online for the training using the identification
3 http://www.oag.state.tx.us/opinopen/og train.ing.shtl.llll
code that has been provided, print a copy, and file the certificate with the City
Secretary.
More information on Texas Open Meetings Laws may be accessed at
http://www.oag.state.tx.us/opinopen/om easv.shtml, the Attorney General's
Web page. Please contact the City Secretary or City Attorney for specific
questions about open meetings requirements.
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TEXAS OPEN MEETINGS ACT
If a specific issue or question arises, please consult the City Atton1ey' s office for advice.
I. OPEN MEETINGS ACT
The Open Meetings Act (hereinafter called the "Act'') is located in Chapter 551 of the Texas
Govenunent Code. The Act generally provides that meetings of a board shall be public.
There are exceptions to this general rule, as will be discussed. It also requires that the public
be given notice of the time, place, and subject of such meeting. It is important to remember
when considering the Act's requirements that compliance with its provisions is mandatory,
not discretionary.
II. WHAT CONSTITUTES A MEETING
A. DEFINITION OF MEETING
A board becomes subject to the Act when it conducts a meeting. A meeting is "a
deliberation between a quorum of a govermnental body, or between a quorum of a
govermnental body and another person, during which public business or public policy over
which the govermnental body has supervision or control is discussed or considered or
during which the govenunental body takes fonnal action." It also includes "a gathering: (i)
that is conducted by the govermnental body or for which the govermnental body is
responsible; (ii) at which a quorum of members of the govenunental body is present; (iii)
that has been called by the govermnental body; and (iv) at which the members receive
infonnation from, give information to, ask questions of, or receive questions from any third
person, including an employee of the govermnental body, about the public business or
public policy over which the govermnental body has supervision or control." The definition
specifically includes a session of a board.
The tenn "deliberation" is important to define what a meeting is under the Act.
Deliberation is "a verbal exchange during a meeting between quorums of a govermnental
body, or between a quorum of a govermnental body and another person, concerning an
issue within the jurisdiction of the govermnental body or any public business." hlcluded in
the meaning of a verbal exchange is written and non-spoken communications.
B. SOCIAL GATHERINGS
The Act specifically excludes informal or social functions from the definition of meeting.
However, if a quorum of a board assembles in an informal setting, it will still be subject to
the requirements of the Act if the members engage in a verbal exchange about public
business or policy. Therefore, it is :important for members of a board to be cautious about
the topics of conversation at social gatherings where a quorum of the body is present.
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C. EMPLOYEE BRIEFINGS
Prior to 1999, the Act permitted a board to have briefings by third parties or employees
outside of open session. However, the 76th Legislature repealed that provision. The
definition of "meeting," as restated above, was amended to specifically include such
briefings. Now, a board will be subject to the Act during briefings, even if no
deliberations occur. Further, a board may be subject even during public comment
sessions of meetings.
D. TELEPHONE AND VIDEO CONFERENCE MEETINGS
Telephone meetings do not comply with the Act. It is considered a secret deliberation,
which is not permitted. There are very limited emergency cases whereby it could be
conducted. However, any such telephone conferencing should never be conducted without
consulting the City Attorney's office. Videoconferencing is allowed only in limited
circumstances, and consultation with the City Atton1ey' s office should occur before
videoconferencing is considered.
III.
A.
NOTICE
CONTENT
The Act specifically requires that before a meeting of a board is conducted, written notice of
the date, hour, place, and subject matter of the meeting must be properly posted. The
content of the notice must be sufficient to apprise the general public of the subjects to be
considered at the meeting. Compliance with this provision is often very fact specific.
Therefore, it is recommended that the board work closely with the staff liaison and the City
Atton1ey' s office when posting the subject matter of each proposed meeting in order to
ensure compliance.
B. PLACE OF POSTING
The Act provides for specific places to post the notice of a meeting, depending on the type of
govermnental body. For municipal govenling bodies, notice should be posted on a bulletin
board at a place conve11ient to the public in the City Hall. Additionally, the City Council
agenda must be posted on the City's website. The staff liaison to the board will be able to
properly place the notices.
C. TIME OF POSTING
The notice of a meeting of a board must be posted in a place readily accessible to the general
public at all times at least 72 hours before the scheduled time of the meeting. There are very
few emergency exceptions to this rule. In cases of emergency or urgent public necessity
where there is an imminent threat to public health or a reasonably unforeseeable situation, a
two-hour posting is permitted. The notice must clearly identify the emergency or urgent
public necessity. A determination that an emergency exists is subject to judicial review.
26
Before any deviation from the "72 Hour Rule," the City Attorney's office should be
consulted.
D. RECESS IN A MEETING
A board may continue a meeting from one day to the next day without reposting.
However, notice must be reposted if a meeting is continued to any day other than the one
immediately following the posted meeting day.
IV.
A.
OPEN SESSIONS
CONVENING THE MEETING
A meeting may not convene unless a quorum of the board is present in the meeting room.
This rule applies even if the members of the board plan to go into closed meeting after
convening the meeting. This applies the general rule that the members of the public are
entitled to know what members are present for tl1e closed meeting and if a quorum is
present.
B. RIGHTS OF THE PUBLIC
An" open meeting" is one tl1at tl1e public is permitted to attend. However, the Act does not
entitle tl1e public to choose items to be discussed or to speak about agenda items.
The public or any of tl1e board members may raise a subject not included in the agenda, but
tl1e discussion must be limited to a proposal to include tl1at item on tl1e agenda for tl1e next
meeting. Moreover, tl1e public has a right to tape or record any open meeting. However,
tl1e board has tl1e right to regulate tl1e placement of equipment and tl1e mam1er in which tl1e
meeting is being recorded.
C. PUBLIC COMMENT
A board may give members of the public an opportunity to speak at a public meeting. If
such a public comment period is permitted, tl1e board may set reasonable limits on tl1e
number, frequency, and length of the presentations before it. However, it cam1ot unfairly
discriminate among speakers for or against a particular point of view. Moreover, many
quasi-judicial boards are bound legally to permit certain citizens to speak on specific agenda
items tl1at relate to tl1e citizen's property. Because such a period is included in the definition
of a meeting, it must be posted in fue notice of fue meeting. The term "public comment''
does provide sufficient notice of one of these periods when no deliberation occurs among
fue board. However, if any of fue members of fue board or its employees have prior
knowledge of fue subject matter to be commented on by fue public, fue item to be discussed
must be specifically posted on fue notice.
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D. FINAL ACTIONS
The general rule is that a final action, decision, or vote on a matter deliberated in either an
open session or a properly conducted closed meeting (discussed below) may only be made
in an open meeting that is held in compliance with the Act. Therefore, a board may not vote
with a secret ballot or take action by a written agreement without a meeting. The general
rule is that if the board has the authority to make a decision or take an action, the board
should act in open session. The only exception to this rule is a closed meeting for the
purpose of discussing competitive matters of a public utility, which will be discussed below.
V.
A.
CLOSED MEETINGS
OVERVIEW
There are a few exceptions listed within the Act, whereby a board may deliberate in a closed
meeting. It is important to remember that pursuant to City policy, if a board of the City of
Denton wishes to conduct a closed meeting, the City Attorney's office must be consulted to
avoid any violations of the Act.
Before a closed meeting may be conducted, a quorum of the board must convene in open
session, and the presiding officer must am1ounce that a closed meeting will be held and then
identify the section(s) of the Act under which the closed meeting will be held. The posted
agenda must also state the specific provisions of the Act under which any closed meeting
will be held and a general statement as to the topic to be discussed.
B. PROVISIONS AUTHORIZING CLOSED MEETINGS
Listed below are the most common exceptions available to boards. It is important to
remember that the Act will not pennit a closed meeting in cases where the City's Charter or
another law requires it to be open.
1. Section 551.071: Consultations with Attorney
This section allows a board to consult with its attorney in a closed meeting to seek his or her
advice on legal matters. This section is often invoked in order for a board to consult with its
atton1ey regarding pending or contemplated litigation. However, it may be held to discuss
other legal matters. A discussion under this exception may relate only to legal proceedings
or legal matters. General discussion of policy, unrelated to legal matters, is not permitted
under this exception.
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2. Section 551.072: Deliberations about Real Property
This section permits a board to deliberate the purchase, exchange, lease, or value of real
property in closed meeting. However, this will only be allowed in closed meeting when
public discussion of the subject would have a detrimental effect on the board's negotiation
position with respect to a third party. It does not allow the board to make a deal in private,
without pubic input or debate.
3. Section 551.073: Deliberations about Gifts and Donations
This section permits a closed meeting to deliberate a negotiated contract for a prospective
gift or donation to the govermnental body. However, this is only allowed if deliberation in
an open meeting would have a detrimental effect on the position of the board with a third
party as explained above.
4. Section 551.07 4: Personnel Matters
This section pennits a closed meeting to deliberate about officers and employees of the
board. It is important to note the primary interest protected by this section is the protection
of the reputation of the individual officer or employee under consideration. Moreover, this
section only pennits deliberation in closed meeting on individual officers or employees.
Discussion about a class of employees must be conducted in open session. Also, the public
officer or employee that is the subject of the meeting may request that session occur in a
public hearing.
5. Section 551.075: Deliberation about Security Devices
This section pennits a closed meeting to deliberate the deployment, or specific occasions for
implementation of security persom1el or devices.
6. Section 551.086: Competitive Matters of Certain Public Power Utilities
This section pennits certain boards of public power utilities to deliberate, vote, or take final
action on any competitive matter related to the utility in closed meeting. A competitive
matter is defined as: "a utility-related matter that the public power utility governing body in
good faith detennines by a vote under this section is related to the public power utility's
competitive activity, including commercial information, and would, if disclosed, give
advantage to competitors or prospective competitors but may not be deemed to include"
several categories of information specifically set out in the Act. Further, notice of the subject
to be discussed in the session is required to contain no more than a general representation of
the subject matter.
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7. Section 551.087: Deliberation about Economic Development Negotiations
This section permits a closed meeting to deliberate commercial or financial information the
board has received from a business prospect that it seeks to have locate, stay, or expand in
or near the territory of the board and with which it is conducting economic negotiations, or
deliberating about a offer of an incentive to such a business prospect.
VI. RECORDS OF MEETINGS
The Act requires that minutes or a tape recording be kept of each open meeting. These shall
be considered public information. Moreover, during a closed meeting, either a certified
agenda or tape recording of the session must be kept. The records kept for the closed
meeting are considered confidential information and may not be released unless ordered by
a court.
VII. PENALTIES AND REMEDIES FOR VIOLATIONS OF THE ACT
A. VOIDABILITY OF BOARD'S ACTION
If any action by a board violates any provision of the Act, that action is voidable. This
means that any interested party may challenge an action of the board in court. If a court
finds a violation of the Act occurred, it might declare the particular action by the board is
void.
A board that has taken action that violates the Act may meet again and validly authorize
that action at a meeting where the public has received adequate notice. However, this
action is generally effective only from the date of the new meeting and only if the new
meeting complies with the Act.
B. MANDAMUS, INJUNCTION, OR DECLARATORY JUDGEMENT
The Act provides that any interested person, including a member of the news media, may
bring an action by mandamus or injunction to stop, prevent, or reverse a violation or
threatened violation of the Act. To enforce provisions of the law, a court may require a
public official to perform duties imposed on him by law by issuing a writ of mandamus. A
mandamus commands the doing of an act, whereas an injunction is issued to restrain an act.
Courts have also allowed parties to bring a declaratory judgment action. h1 this type of
proceeding, a court would be authorized to determine the rights, status, duties, and other
legal regulations of various persons, including the public officers. Thus, a court may
determine the validity of a board's actions under the Act in such a proceeding.
Furthermore, the Act provides that a court may award reasonable attorney fees and
litigation costs to the party who substantially prevails in an action brought under the Act.
This relief is not mandatory, but rather up to the court. Further monetary damage may be
awarded against a board that violates the Act if a court finds the action caused direct
monetary damage to the aggrieved party.
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C. CRIMINAL PROVISIONS
A very important issue to note is that the Act does provide for criminal penalties for
violations. A member or group of members of a board commits a criminal offense if they
knowingly conspire to circumvent the Act by meeting in numbers less than a quorum for
the purpose of secret deliberations.
A member of a board commits an offense if a closed meeting is not permitted by the Act and
the member knowingly: (1) calls or aids in calling or organizing the closed meeting,
whether it is a special or called closed meeting; (2) closes or aids in closing the meeting to
the public, if it is a regular meeting; or (3) participates in the closed meeting, whether it is a
regular, special, or called meeting. It is an affirmative defense if the member acted in
reasonable reliance on a court order or a written interpretation of the Act contained in an
opinion of a court of record, the Attorney General, or the attorney for the board.
Also, a member of a board commits an offense if the member participates in a closed
meeting knowing that a certified agenda of the closed meeting is not being kept or a tape
recording of the meeting is not being made.
Another offense is committed when any person, corporation, parh1ership, without lawful
authority, knowingly disclosed to the public the certified agenda or tape recording of a
lawfully closed meeting.
Penalties for violation of the Act are a misdemeanor offense, punishable by a fine of not less
than $100 or more than $500 and/ or confinement in the county jail for not less than one
month or more than six months.
VIII. CONCLUSION
As stated before, the application of the Open Meetings Act is often very fact specific. The
Texas Attorney General, who oversees compliance, and courts, give a liberal interpretation
to the Act in order to ensure that the spirit of open govermnent is protected. Violators of the
Act have been sentenced to jail time. Therefore, it is urged that careful attention to
compliance is made. Any specific question or issues should be referred to the City
Atton1ey' s office, through the staff liaison.
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PROCEDURES FOR CONDUCTING A MEETING
To ensure board meetings are conducted in a fair and orderly manner, a number
of rules and procedures should be followed. The following sections describe
these procedures, which create a cordial yet formal abnosphere for conducting
meetings.
ROLE OF THE CHAIRPERSON AND THE AGENDA
The function of the chairperson is to provide leadership to the group in the
following ways:
1. To maintain order by enforcing the established rules, and
2. To ensure the meeting proceeds smoothly and follows the agenda.
If the group is indecisive, the chairperson should exercise leadership and make
suggestions. When debate is concluded, the chairperson should summarize the
major points made. In general, the chairperson should maintain order and try to
bring the group to a conclusion on matters before it.
To facilitate the chairperson's duties, staff should always provide copies of the
agenda to all board members before the meeting. Agendas should also be
provided to any members of the public in attendance. The agenda should be
prepared by the staff liaison assigned to work with the board.
RULES OF THUMB
Here are a few obvious points that should be followed, but are often forgotten:
1. Discuss only one point at a time.
2. The chairperson should recognize the person or persons who wish
to speak and only they should be allowed to speak. Others should
hold their comments until they have the floor.
3. If the meeting is a public hearing, the board should hear the public
without making comments until questions are allowed by the
chairperson.
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PROCEDURAL RULES OF ORDER
NOTE: While this review of parliamentary procedures has been designed
to cover the most common situations a board member may encounter
during the course of a meeting, these procedures may not always apply.
They may be superseded because of legal constraints if the meeting is a
public hearing. However, these basic procedures are usually acceptable
during most meetings. Answers to complicated procedural questions can
be found in Robert's Rules of Order.
l. Making a motion -Before discussion of an issue by board members, a
motion should be made and seconded. The making of a motion normally
occurs following a presentation or description of the issue by a staff
member or chairperson. After the motion is made and seconded, debate
can be conducted. Example of the proper form of a motion is:
"Mr./Madam Chairperson, I move the following ... "
2. Amending a motion -Any motion may be amended as follows:
"Mr./Madam Chairperson, I move that we amend the motion by adding,
deleting, etc. the following ... " The amendment must be seconded before
discussion can ensue. When discussion ends, the amendment is voted on
first. If the amendment passes, the original motion is then put to vote as
amended. If the amendment fails, the original motion is put to a vote.
3. Change bu a Substitute Motion -Another way to change an original
motion is by use of the substitute motion. A substitute motion is simply
an amendment that changes an entire sentence or paragraph. It must be
seconded before discussion can take place. It may be amended and differs
only from an amendment in that if the substitute motion passes, it
eliminates the original motion.
4. Table a Motion -Occasionally, a board may wish to defer action on a
motion until a later meeting. One way to accomplish this is to make a
motion to table the item being considered. To table an item requires a
motion and a second. A vote is inunediatelv taken without discussion . .;
Once it has been decided to table an item, it cannot be brought up again
until the board votes to do so, unless the motion to table specifies a date
certain. Then, the item shall be placed on a future agenda. An item that
has been tabled must receive an affirmative vote for removal from the
table before that item can be debated. Once removed from the table, the
item can be discussed and voted upon.
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5. Postpone a Motion -Another method of delaying a decision on a matter
is to postpone to a certain day the consideration of a motion. This is
accomplished by simply making a motion to postpone consideration of
the motion until a definite future date and having it seconded. The
motion to postpone is then open for discussion. Following discussion, a
vote is taken.
6. Point of Order -Any time a member feels an incorrect procedure is being
used, the member can interrupt with a point of order request which
requires the chairperson to decide the correct procedure.
7. Suspension of the Rules -Occasionally, board members may want to
discuss a business item without the constraints of any rules. Unless the
by-laws require otherwise, a two-thirds (2/3) vote of the members is
needed to suspend the rules. This motion is not debatable and must be
voted on upon being seconded.
WHAT IS A QUORUM?
A quorum is the minimum number of members needed to officially conduct
business. The quorum may be set by state law, the City Charter, the board's by-
laws, or Robert's Rules of Order. Generally, a quorum is a majority of the
members of a board or committee unless a different quorum is fixed by by-laws
or by rule of the parent body. Approval of an action, except as otherwise
provided by law, rule or regulation, requires a majority vote of persons legally
entitled to vote, excluding abstentions, at a meeting at which a quorum is
present.
SUMMARY
In conclusion, it stands to reason that if a meeting is to be held in a fair and
orderly manner, all the members of the board must be willing to cooperate. They
must be informed of the established rules and act accordingly. The chairperson
has final responsibility for ensuring the meeting is properly conducted. Unless
the chairperson understands the basic parliamentary procedures discussed and is
willing to use them in the best interest of all concerned, the board will be unable
to adequately carry out its responsibilities.
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36
GUIDELINES & RULES OF PROCEDURE FOR BOARDS, COMMISSIONS AND
CITY COUNCIL COMMITTEES
CREATION
In accordance with Ordinance No. 2009-174 (appendix iii):
• City Council may authorize, by resolution, the appoinbnent of a Council
committee as the need arises.
• Committees, boards, and commissions may be created to assist in the conduct
of the operation of the City government with such duties as the Council may
specify that are not inconsistent with the City Charter or Code.
• Membership and selection of members shall be by Council resolution if not
specified by the City Charter or Code.
• Committees so appointed will be advisory to the Council or the City Manager
unless otherwise specified by the Charter or Code.
• Any committee so created shall cease to exist when abolished by resolution of
the Council.
APPOINTMENTS
In accordance with Ordinance No. 2009-174:
• Individual City Council members making nominations for members to citizen
boards and commissions will consider interested persons on a citywide basis.
• The City Council will make an effort to be inclusive of all segments of the
community in the board and commission appoinbnent process. City Council
members will consider ethnicity, gender, socio-economic levels, and other
factors to ensure a diverse representation of citizens.
• 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 and commission.
• In an effort to ensure maximum citizen participation, City Council members
will continue the practice of nominating new citizens to replace board
members who have served three consecutive terms on the same board.
• Each City Council member will be responsible for making nominations for
board 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
and disapproval.
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PURPOSE
• In creating a committee, board, or comnuss10n, Council shall set forth its
purpose and duties which shall be consistent with City Charter or Code.
• Appointees serve to advise the Council and shall not appear before another
board or commission as a representative of, or on behalf of, the board or
commission on which they serve.
STRUCTURE
In accordance with Ordinance No. 2009-174:
• Each committee, board, or commission shall comply with the provisions of
Article III of Chapter 2 (appendix i) of the Code of Ordinances and will be
provided with of 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 such boards, commissions and committees.
ADDITIONAL GUIDELINES & PROCEDURES FOR CITY COUNCIL
COMMITTEES
• Committees will generally be formed by resolution which will provide for the
committee's membership, election of chair and vice chair, and purpose.
• The chair and/ or vice chair will be elected by voting committee members.
• Election of officers shall be annually as soon as practicable after the annual
appoinbnent process. If, for any reason, the chair or vice-chair vacates their
seat, a special election should be held to fill the unexpired term. This does
not preclude a member of the board acting as a temporary chair.
• No more than three Council members shall serve on any committee.
• The staff liaison, designated by the City Manager, shall serve as official
secretary to the committee to ensure that records are maintained in
accordance with requirements of the City Secretary's office.
• The Council shall reserve the right, as deemed necessary in individual
instances, to appoint the chair and vice-chair for any special issue or for
temporary advisory committees. If Council chooses not to make the
appointment for chair and vice-chair, then the procedure outlined in this
policy will apply.
• Council committee meeting agendas will be posted in accordance with the
Open Meetings Act, Chapter 551 of the Texas Government Code. The Open
Meetings Act requires committee meeting agendas must be publicly posted at
least 72 hours in advance of the meeting.
• Only items posted on the agenda may be discussed and/ or action taken
during the committee meeting.
• The committee may convene into closed session in compliance with the Open
Meetings Act.
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• Robert's Rules of Order pertaining to small assemblies may be consulted
regarding the conduct of the committee meetings.
• A quorum of the committee members must be present to hold a committee
meeting or to take committee action. A quorum is considered to be more
than half of the Council committee members.
• Each member of the committee shall have one vote and members must be
present to cast a vote.
• The acts of the majority of the members present at the meeting are the acts of
the committee.
MINUTES
• Minutes of each board, commission, or committee meeting shall be prepared
in a form consistent with City Council meeting minutes as prescribed by the
City Secretary to reflect an accurate record of business transacted at the
meeting. More detailed minutes may be recorded if required by the board,
commission, or committee.
• A draft of the minutes shall be sent to all committee members within two
weeks. Such draft may be distributed to the City Council upon direction of
the City Manager.
• Minutes of the meetings will be submitted for approval by the members
present at the next meeting with revisions, corrections, or amendments being
made at that time. However, the Chair of the Committee may direct that the
draft minutes be shared with the entire City Council when the information
regarding the action of the Committee is needed to conduct official business
and the draft minutes have not been officially approved by the Committee.
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BOARDS, COMMISSIONS & COUNCIL COMMITTEES
I. JUDICIAL OR QUASI-JUDICIAL BOARDS (Discretionary Board Members)
Boards that use decision-making powers apply particular regulations to specific facts to
make judgments or decisions on matters within their jurisdiction. The following six
board/ commissions are judicial or quasi-judicial boards, those that administer
particular ordinances or regulations.
Civil Service Commission
• Established by Chapter 143 of the Texas Local Government Code.
• Membership
Three members appointed by City Manager and confirmed by City Council.
• Purpose
Ensures compliance with Chapter 143 of the Texas Local Government Code
governing police and fire. The duties of the Commission include approval of
eligibility hiring lists and holding hearings, upon appeal, on matters of promotions,
performance, reclassifications, and other civil service issues.
Construction Advisory and Appeals Board
• Established by §28-439 of the Code of Ordinances.
• Membership
Seven members appointed by the City Council.
Ex-officio -city building official.
• Purpose
Reviews the latest editions of the hlternational Code Council building codes,
including the hlternational Building Code, the International Residential Code, the
International Fire Code, the International Plumbing Code, and the hlternational
Mechanical Code, etc. The Construction Advisory and Appeals Board also reviews
the latest edition of the National Electrical Code and recommends amendments to
each of these codes and permit fees to the City Council. The Board reviews sub-
standard properties and consumer health issues. The Board hears appeals from
citizens concerning Building Code interpretations and decisions of the Building
Official or Fire Marshal. The Board also hears certain citizen requests for variances to
the Building Code or the Code of Ordinances.
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Denton Housing Authority Board
• Established by Chapter 392 of the Texas Local Government Code.
• Membership
Five members appointed by the Mayor.
• Purpose
Prepares, acquires, leases, and operates housing projects. The Board also investigates
housing conditions to determine when and where an economically depressed
neighborhood exists, identifies revitalization areas, and provides accommodations
for persons of low income. Although appointed by the Mayor, the Housing
Authority Board operates independently from the City of Denton.
Historic Landmark Commission
• Established by §35.4.3 of the Denton Development Code.
• Membership
Nine members appointed by the City Council.
Ex-officio -Director of Planning, City Building Official, Chairman of the County
Historical Commission.
• Purpose
Recommends to the Planning & Zoning Commission and City Council those
buildings, structures, sites, districts, and areas in the city that the Commission has
determined should be preserved and designated as historic landmarks. The
Commission also regulates design review for designated properties and districts.
Planning & Zoning Commission
• Established by §10.02 of the City Charter.
• Membership
Seven members appointed by the City Council.
• Purpose
Makes decisions or recommendations to the City Council regarding the
Comprehensive Plan, Development Codes, zoning regulations, long-range planning,
zoning changes, platting, and other development-related policies as required or
permitted by State law or Council policy.
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Zoning Board of Adjustment
• Established by §10.07 of the City Charter.
• Membership
Seven members and three alternate members appointed by the City Council.
• Purpose
Provides a vehicle for citizens to appeal zoning interpretations and decisions of the
Building Official, and request variances from the zoning and sign regulations in the
Denton Development Code. The Board may also make final decisions regarding
changes, the reestablishment, or termination of nonconforming uses within the city.
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II. ADVISORY BOARDS
Advisory boards advise or make recommendations to a person or the City Council and
have no final decision-making authority. The following ten bodies serve in an advisory
function:
Airport Advisory Board
• Established by §3-2 of the Code of Ordinances.
• Membership
Seven members appointed by the City Council.
• Purpose
Advises the City Council and/ or City Manager on Airport operations to include
lease agreements, development policy, grant projects, and/ or the budget. The day-
to-day operation of the Airport is the responsibility of the City Manager and Airport
Manager.
Animal Shelter Advisory Committee
• Established by §823.005 of the Texas Health & Safety Code.
• Membership
Seven members appointed by the City Council.
• Purpose
Assists the City in complying with the provisions of the Animal Shelter Act and
makes recommendations to the City Council regarding methods and procedures
necessary to ensure compliance with the Act.
Community Development Advisory Committee
• Established by Resolution passed by the City Council on September 19, 1978.
• Membership
Nine members appointed by the City Council.
Ex-officio -City Manager, or his designee.
• Purpose
Holds public hearings and makes decisions regarding the expenditure of federal
Community Development Block Grant and Home Investment Partnership Program
monies.
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Economic Development Partnership Board
• Established by §2.251 of the Code of Ordinances.
• Membership
Seven members: two from City Council at the time of their original appoinbnent,
two from Chamber Board of Directors at the time of their original appoinbnent who
reside or work in the city, two who are employed by a top 20 City of Denton ad
valorem or sales tax payer and who reside or work in the city, and the president of
UNT or his/her designee who does not have a city residency requirement. To aid
the City Council in making appoinbnents to the Board, the City Council will appoint
two City Council members and one Chamber of Commerce member to act as a
nominating committee.
committee will present to
Council approval.
After evaluating the recommended nominees, the
the City Council a slate of Board nominees for City
Ex-officio -City Manager, or his designee, and Chamber President.
• Purpose
Provides economic development policy guidance and makes recommendations to
the City Council and Chamber of Commerce.
Human Services Advisory Committee
• Established by §14-61 of the Code of Ordinances.
• Membership
Eleven members appointed by the City Council.
Ex officio -City Manager, or his designee.
• Purpose
Serves in an advisory capacity to encourage continuous evaluation of the human
services delivery system and to recommend actions and funding to the City Council
regarding City of Denton human services.
Library Board
• Established by §2-176 of the Code of Ordinances.
• Membership
Seven members appointed by City Council.
• Purpose
45
Serves in an advisory capacity to the City Council to recommend policies, rules, and
regulations for the operation of the library system. The Board also provides citizen
input to the City Council and recommends fees for Council consideration.
Parks, Recreation and Beautification Board
• Established by §11.02 of the City Charter.
• Membership
Seven members appointed by the City Council.
• Purpose
Serves in an advisory capacity to the City Council to recommend improvements to
park and recreation programs. The Board is charged to stimulate public interest in
the development and maintenance of parks and playgrounds; to promote close
cooperation between the City and private citizens so that all park and recreational
facilities are used to their maximum benefit; and pursuant to the Charter, make
recommendations regarding the appearance, beautification, and environment of the
city.
Public Art Committee
• Established by §22-6 of the Code of Ordinances.
• Membership
Nine members: seven members are nominated by assignment to individual City
Council members, and the remaining two are nominated by and represent the
Greater Denton Arts Council.
Ex-officio -Parks and Recreation Deparbnent Director and the Greater Denton Arts
Council Executive Director.
• Purpose
Makes recommendations to the Parks, Recreation and Beautification Board and City
Council on the commissioning, placing, and the installing of public art;
implementation of funding mechanism(s) for public art; effective and efficient
management of public art; ongoing maintenance of public art; and the accessioning,
deaccessioning, and re-siting of public art.
Public Utilities Board
• Established by §12.07 of the City Charter.
• Membership
Seven members appointed by City Council.
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Ex-officio -City Manager and Director of Utilities.
• Purpose
Reviews the department of utilities budget and makes recommendations to the City
Council in the format required by the City Manager. The Board is authorized to
expend funds for information and advertising. All matters relating to utility
policies, capital projects, rates, and the sale and issuance of utility bonds are
submitted to the Board for review and recommendation prior to Council
consideration. The Public Utilities Board makes recommendations for the Capital
Improvement Program pursuant to the provisions in the City Charter.
Traffic Safety Commission
• Established by Resolution passed by the City Council on June 19, 1973.
• Members
Nine members appointed by the City Council.
• Purpose
Review community traffic related safety issues regarding traffic control device
development and operation, public parking restrictions, roadway speed limit
designations, street traffic flow considerations, loading zone delineation, and other
traffic related items consistent with Ordinance No. 2002-040. This committee
provides policy position and traffic safety recommendations to City Council for
consideration.
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III. CITY COUNCIL COMMITTEES
The Denton City Council has seven internal advisory committees, as well as
representation on eight local and regional committees. Assignments to the committees
are made following the May city council election. Council members submit requests for
committee assignments, with committee membership designated following a Council
discussion of the requests.
Agenda Committee
• Established by Ordinance No. 2009-174.
• Membership
Mayor, Mayor Pro-Tern, City Manager.
• Purpose
Reviews the City Manager's proposed City Council agendas as to form and agenda
content.
Audit/Finance Committee
• Established by Resolution No. R2009-015.
• Membership
Three City Council members.
Ex-officio -City Manager, or his designee.
• Purpose
The duties and purpose of the Committee shall be to assist the City Council in
fulfilling its organizational oversight responsibilities relating to the audit function,
the invesbnent function and other financial related activities as delegated by the City
Council.
Council Appointee Performance Review Committee
• Established by Resolution No. R2009-015.
• Members
Three City Council members.
Ex-officio -Director of Human Resources.
• Purpose
The duties and purpose of the Committee shall be to assist the City Council in
performance review of the Council appointees and to insure that the appointees' job
48
descriptions are accurate and properly reflect current job duties in order to make
recommendations to the City Council to assist the Council in evaluating the job
performance of the Council appointees. Additionally, the Committee will make
recommendations regarding employment agreements, including renewals, of
Council appointee positions.
Committee on the Environment
• Established by Resolution No. R2009-015.
• Membership
Three City Council members.
Ex-officio -City Manager, or designee.
• Purpose
The duties of the Committee shall be to review, discuss, deliberate, and consider
environmental issues and resources and make recommendations to the City Council.
The Committee will also deliberate and make recommendations regarding any other
matter delegated to the Committee by the City Council.
Council Ethics Committee
• Established by Resolution No. R2009-015.
• Membership
Three City Council members.
Ex-officio -City Manager, or designee, and City Attorney, or designee.
• Purpose
The duties and purpose of the Committee shall be to advise the City Council on the
Ethics Policy, gather information from citizens regarding the Ethics Policy, and
conduct hearing and inquiries as set forth in the enabling resolution.
Hotel Occupancy Tax Committee
• Established by Resolution No. R2009-015.
• Membership
Three City Council members.
Ex-officio -City Manager, or designee.
• Purpose
The duties and purpose of the Committee shall be to monitor allocation and use of
hotel occupancy tax funds, ensuring funds are being used to directly enhance and
49
promote tourism and hotel/ convention industry and to recommend organizations to
receive funding to City Council.
Council Mobility Committee
• Established by Resolution No. R2009-015.
• Membership
Three City Council members.
Chair of the committee serves as representative to Dallas Regional Mobility
Committee and Regional Transportation Council.
Ex-officio -City Manager, or his designee.
• Purpose
The duties and purpose of the Committee shall be to review, consider and make
recommendations to the City Council regarding any changes to the Mobility Plan,
local transportation policy, and any items concerning regional transportation
policies and activities.
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IV. LOCAL AND REGIONAL COMMITTEES
Community Justice Council
• Established by §76.003 of the Texas Government Code.
• City Membership
One City Council member of the most populous municipality in the county that the
facility will serve.
• Purpose
Provides policy guidance and direction for the development of criminal justice plans
and community correction facilities and programs.
Convention and Visitors Bureau
• Established by an agreement between Denton Chamber of Commerce and City of
Denton; creates an Advisory Board established by the Denton Chamber of
Commerce.
• City Membership
Non-specified number of City Council representatives.
• Purpose
Makes recommendations to the Chamber of Commerce Board of Directors to assist
in the promotion of events and attractions to ensure a positive experience to Denton
visitors.
Dallas Regional Mobility Coalition
• Established by 1997 Interlocal Agreement.
• City Membership
Representative of the City Council.
• Purpose
Examines all issues related to transportation and recommends transportation
improvements and other related actions for the portion of the Dallas Metropolitan
Area served by District 18 of the Texas Department of Transportation (Eastern
Subregion).
51
Denton Committee on People with Disabilities
• Established by a group of Denton citizens, and officially recognized by the City of
Denton in Resolution No. R2007-030.
• Membership
Members are not appointed by the City Council. City Manager is authorized to
provide a City staff person or persons to attend Committee meetings and to assist in
Committee activities.
• Purpose
To promote aid to disabled persons, which includes the promotion of better public
and employer understanding concerning needs and contributions of persons with
disabilities; increased employment, retention, and advancement of disabled
workers; encouragement for use of the available services for disabled persons;
encouragement of the removal of architectural barriers; and promotion of
participation in community life by persons with disabilities.
Lake Ray Roberts Planning and Zoning Commission
• Established by 1994 Lake Ray Roberts Land Use Ordinance approved by voters in
Denton County and adopted by Denton County Commissioners Court.
• City Membership
One city council representative from each city included in the Lake Ray Roberts
area.
• Purpose
Reviews and approves land use and development proposals for unincorporated
county land in the Lake Ray Roberts area.
Regional Transportation Council
• Established -Independent transportation policy body of the Metropolitan Planning
Organization.
• City Membership
Representative of the City Council.
• Purpose
Oversees the metropolitan transportation planning process, including guidance
regarding the development of multimodal transportation plans and programs and
programming federal and state funds for the implementation of transportation
improvements.
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Tarrant Regional Transportation Coalition
• Established -Denton joined October 1, 2008.
• City Membership
Representative of the City Council.
• Purpose
A broad-based, non-profit group committed to finding solutions to the mobility
challenges facing the western half of the DFW Metroplex.
Texas Municipal Power Agency Board of Directors
• Established by 1976 Power Sales Agreement providing for a board with eight
members, two appointed by the Denton City Council.
• City Membership
Two representatives approved by the city council who may, but need not necessarily
be, members of the city council and/ or the Public Utilities Board
• Purpose
Assists in establishing policies, setting regulations, and overseeing the
administration and management of the agency as well as approving and auditing
the budget.
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54
ADMINISTRATION § 2-63
ARTICLE m. BOARDS, COMMISSIONS AND COMMITTEES*
DIVISION 1. GENERALLY
Secs. 2-46-2-60. Reserved.
DIVISION 2. QUALIFICATIONS FOR MEMBERS
Sec. 2-61. Requirements generally .
. Each member of a board or commission, in addition to qualifications prescriped 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)
*Charter reference-Boards and commissions,§ 14.16.
Cross references-Library board, § 2-176 et seq.; downtown development advisory board,
§ 2-211 et seq.; beautification advisory commission, § 2-241 et seq.; airport advisory board, §
3-2; animal shelter advisory committee,§ 6-5 et seq.; cable TV advisory board, § 8-130; human
services committee, § 11-61 et seq.; park and recreation board, § 22-1; construction advisory
and appeals board, § 28-438 et seq.; . development review committee, § 34-6; board of
adjustment,§ 35-41 et seq.; historic landmark commission,§ 35-236 et seq.
Supp. No. 10 163
55
§ 2-64 DENTON CODE
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.
DMSION 3. RULES AND PROCEDURES
Sec. 2-81. Definition.
The word "board," "boards," "commission" or "commissions," as used in this division, shall be
construed to mean any managerial, administrative or quasi-judicial body of persons which has
an advisory or deliberative character and whose members are appointed by or serve at the
pleasure of the city council.
(Code 1966, § 1-42)
Cross reference-Definitions and rules of construction generally,§ 1-2.
Sec. 2-82. Applicability.
The provisions of this division shall govern and control the rules, procedures and operation
of all boards and the removal of members thereof; provided, however, wherever any provision
of the state constitution, state statutes, the Charter or a city ordinance conflicts or is
inconsistent with any provision of this division, the conflicting or inconsistent provision of this
division shall not be applicable.
(Code 1966, § 1-43)
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
Supp. No. 10 164
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ADMINISTRATION § 2-105
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)
Secs. 2-85-2-105. Reserved.
Supp. No. 16 165
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RESOLUTION NO. /f2006-003
A RESOLUTION AMENDING THE ETHICS POLICY FOR ELECTED AND
APPOINTED OFFICIALS FOR THE CITY OF DENTON, TEXAS; AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, on May 18, 2004 City Council passed Resolution R2004-025 adopting an
Ethics Policy for Elected and Appointed Officials and upon a recommendation by the Council
Ethics Sub-committee hereby approves an amendment to the policy as set forth herein; and
WHEREAS, the City Council of the City of Denton acknowledges that our government
is a representative democracy and those who are elected or appointed to serve others as
representatives accept a public trust that requires them to faithfully and diligently fulfill their
public responsibilities; and
WHEREAS, the City Council of the City of Denton recognizes the those individuals
who serve as public servants must adhere to a higher ethical standard of conduct since the
activities of government should benefit the community as a whole and should never benefit the
individual interest of public decision makers; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the following ETHICS POLICY for Elected and Appointed
Officials -City of Denton, Texas, which shall apply to all elected and appointed officials of the
City, is hereby amended to read as follows:
ETHICS POLICY for Elected and Appointed Officials -City of Denton, Texas.
This Ethics Policy has been adopted to encourage and ensure the highest standards of personal
and public conduct during tenure in office. Adherence to this Policy will maintain the
confidence and trust in the decision-makers and representatives of the City who must remain
independent, impartial, and accountable to the people they serve. In addition, elected and
appointed officials must adhere to Texas state statues and City Charter provisions and City
Council Rules of Procedure governing their conduct. These are listed at the end of this Policy.
Thus, elected City Council Members as well as appointed members of the City's Boards and
Commissions are asked to subscribe to the Texas statutes, City of Denton Charter, Rules of
Procedures for City Boards and Commissions, and this Ethics Policy.
1. As a representative of the City of Denton, I will be ethical.
I will act with integrity and moral courage. I will be absolutely truthful. I will make impartial
decisions that are free of bribes, unlawful gifts, narrow political interests and other personal
interests that might impair my independence of judgment. I will always decide what is best for
the whole city. I will respect confidences and information designated "confidential" to the extent
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permitted by law. I will use my title and city logo or letterhead only when conducting official
City business and will not exceed my authority.
2. As a representative of the City of Denton, I will be service-oriented.
I will be friendly, receptive, courteous, and respectful to everyone. I will be attuned to and care
about the needs and issues of all Denton citizens.
3. As a representative of the City of Denton, I will be fiscally responsible.
I will make prudent decisions, taking into account the long-term financial needs of the City and
its financial stability. I will make decisions that seek to promote programs and services for City
residents.
4. As a representative of the City of Denton, I will be communicative.
I will communicate that I am approachable, open-minded and willing to enter into dialog. I will
listen carefully and my response will add value to the conversation.
5. As a representative of the City of Denton, I will be cooperative.
I will work toward consensus building and gain value from diverse opinions. I will approach
my position and relationships with a positive attitude. I will consider the broader regional and
statewide implications of decisions. I will work with the Universities, DISD, the Chambers of
Commerce, other governmental entities, and local nonprofit agencies and others as partners on
common issues.
6. As a representative of the City of Denton, I will be progressive and receptive to new
ideas.
I will promote intelligent and thoughtful innovation whenever possible. I will be sensitive to the
need for compromise, to think creatively, and improve existing models when necessary. I will
keep my knowledge of local government current and growing.
7. As a representative of the City of Denton, I will not be delinquent in paying monies
owed the City.
I will not be in arrears on any city taxes, utility service charges, or other obligations owed the
City.
Elected officials and appointed officials, boards and commissions must adhere to the following
Texas statutes:
Civil Statutes
Open Meetings Act {Tex. Govt. Code. Ann. Ch. 551)
Public Information Act/Open Records Act (Tex. Govt. Code. Ann. Ch. 552)
Conflicts of Interest (Tex. Loe. Govt. Code, Ch. 171, Ch. 212)
Official Misconduct (Tex. Penal Code, Ch. 36, Ch. 39)
Nepotism {Tex. Rev. Civ. Stat. Ann., arts. 5996a & 5996b)
Whistleblower Protection (Tex. Rev. Civ. Stat. Ann., art. 6552-16a)
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Competitive Bidding and Procurement ( espec. Tex. Loe. Govt. Code, Ch. 252)
State Penal Laws
Bribery (Tex. Penal Code, § 36.02)
Coercion of Public Servant or Voter (Tex. Penal Code,§ 36.03)
Improper Influence (Tex. Penal Code § 36.04)
Tampering with a Witness (Tex. Penal Code § 36.04)
Retaliation (Tex. Penal Code § 36.06)
Gifts to Public Officials (Tex. Penal Code § 36.08)
Offering Gift to Public Servant (Tex. Penal Code § 36.09)
Abuse of Office (Chapter 39)
Official Misconduct (Tex. Penal Code§ 39.01)
Official Oppression (Tex. Penal Code§ 39.02)
Misuse of Official Information (Tex. Penal Code§ 39.03)
City Documents
In addition, the City of Denton Charter, the City Council Rules of Procedure, House Rules and
Code of Election Ethics are applicable.
The Ethics Policy is designed as a positive guide to the behavior and decorum of Council and
board members as they represent the citizen~ of Denton. I will voluntarily accept reprimand
from my colleagues ifl should act contrary to this policy.
SECTION 2. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /Jf/,_ day~ , 2006.
~ , ~
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B~~/\:\$1 J. _ I AJnJJL i0 J
APPRVEo :s~o LEGAL FORM: ,
EDWIN M. SNYD , CIT
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ORDINANCE NO. 21Ja9-/'7 L.f
AN ORDINANCE REPEALING ORDINANCE NO. 2008-159 AND AMENDING SECTION 2-
29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY
COUNCIL OF THE CITY OF DENTON, TEXAS; PROVIDING A SEVERABILITY CLAUSE;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Constitution and Laws of the State of Texas, and Section 2.07 of the City
Charter of the City of Denton, Texas, hereinafter referred to as City, authorize the City Council of
the City to promulgate and establish rules of procedure to govern and conduct meetings, order of
business, and rules of decorum, while acting as a legislative body representing the City; and
WHEREAS, the City Council deems it in the public interest to clarify certain provisions of
its Rules of Procedure; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Section 2-29 of the City Code, known as the Denton City Council Rules
of Procedure, is hereby amended to read as follows:
1. (2-29(a)) AUTHORITY
1.1(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.
2. (2-29(b)) GENERAL RULES
2.1 (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, Chapter 551, TEX. GOV'T. CODE ANN. (Vemons Annotated Texas Civil Statutes
(Vemons 2009), as amended, shall be open to the public.
2.2 (2) Quorum: Four members of the Council shall constitute a quorum for the transaction
of business. (Charter, Section 2.06)
2.3 (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.
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2.4 (4) Misconduct: The Council may punish its own members for misconduct consistent
with any Ethics Policy adopted by the Council.
2.5 (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 Chapter 551, TEX. GOV'T.
CODE ANN. (V ernons 2009), as amended.
2.6 (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.
2. 7 (7) Right of 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.
2.8 (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)).
2.9 (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.
2.10 (10) City Secretazy: 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.
2.11 (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.
2.12 (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 revised
shall govern.
2.13 (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
members of the Council. The vote on any such suspension shall be taken by yeas or nays and
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entered into the minutes of the Council.
2.14 (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.
3. (2-29(c)) CODE OF CONDUCT
3 .1 (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.
3.2 (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.
3.3 (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.
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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, or signs 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 using hand-held cameras
only. 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.
1. 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.
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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.
3.4 (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.
3.5 (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 or
more members of the Council may exchange seats.
4. (2-29(d)) TYPES OF MEETINGS
4.1 (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, by motion,
resolution or ordinance from time to time designate.
4.2 (2) Special Meetings: Special meetings may be called by the Mayor, the City Manager,
or by any three members of the Council. The call for a special meeting shall be filed with the City
Secretary in written form, and he or she shall post notice thereof as provided by the Texas Open
Meetings Act, TEX. GOV'T. CODE ANN.§ 551.001, et seq. (Vemons 2009, as amended). The
Mayor, City Manager, or three 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.
4.3 (3) Workshop Meetings: Workshop meetings or 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 Section 4.2(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. Citizens or other interested persons attending the work session will not be allowed to
participate in the session unless invited to do so by the Mayor. Citizens should be advised of the
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nature of the work session and that their input may be received and considered at a regularly
scheduled council meeting where the agenda provides for final action to be taken on the matter.
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. 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 without
distracting comment from the audience.
4.4 (4) 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.
4.5 (5) Closed Meetings: The Council may meet in a closed meeting pursuant to the
requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T CODE ANN. (Vemons
2009), as amended.
4.6 (6) 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 regular meeting.
4. 7 (7) 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, Chapter 551, TEX. GOV'T CODE ANN. (Vemons 2009, as amended.)
5. (2-29(e)) PRESIDING OFFICER AND DUTIES
5.1 (1) Presiding Officer: The Mayor, or in the absence of the Mayor, the Mayor Pro-Tern,
shall preside as chairman, or presiding officer at all meetings of the Council. In the absence of the
Mayor, Mayor Pro-Tern, the Council shall elect a temporary presiding officer. (Charter, Section
2.03)
5 .2 (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-Tern. 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.
5.3 (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.
5.4 (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
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vote "No", the ruling of the chair is overruled; otherwise, it is sustained.
5.5 (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.
5.6 (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.
5. 7 (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 members.
6. ORDER OF BUSINESS (Section 2-29 (f)
6.1 (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 Tern, 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 Section and Section 6.3; 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 and Council
Committees and subcommittees will likewise be governed by an agenda and these Rules of
Procedure.
6.2 (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 Section 3100.101 of the Tex. Gov't
Code.
6.3 (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
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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, Chapter 551, TEX. GOV'T CODE ANN. (Vernons Annotated Texas Civil Statutes
2009) (Vernons 2009).
6.4 (4) Presentations from Members of the Public:
a. Reports from Members of the Public: Any person who wishes to place a subject on the
Council agenda at regular City 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 5:00
p.m. Wednesday prior to the Council meeting at which he or she wishes the designated subject to
be considered. A time for such reports shall be determined by the Agenda Committee giving due
consideration to the length of the Agenda, the convenience of the public, and the orderly flow of
public business. 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, unless the Mayor or the
majority of the Council grants an extension of time. 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 shall be made, prior to the time for reports from members of the public
on the agenda, summarizing the main portions of the Rules and Section 3 (2-29(c)), "Code of
Conduct" as they may apply to members of the public speaking to the Council.
b. Speaking on Regular and Consent Agenda Items: Any person who wishes to address the
Council regarding a non-public hearing item that is on the Council's agenda for a regular or special
meeting, 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. The Mayor will call upon the
person to speak for no longer than three (3) minutes as that particular agenda item is considered by
the City Council except that applicants and their agents on public hearing items shall be allowed to
speak for no longer than five (5) minutes or as indicated in paragraph 6.4.d. (5) "Time Limits." The
provisions of this paragraph do not apply to workshop meetings, and a person's right to speak and
provide input at these meetings shall be limited and controlled by subsection 4.3 (2-29(d)(3))
"Workshop Meetings".
c. Public Hearings: 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 for no longer than three (3)
minutes or five (5) minutes for applicants and their agents in accordance with paragraph 6.5(5)
"Time Limits."
d. Any group or organization comprised of ten 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
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remarks to ten (10) minutes or less. The group or organization shall turn in a written designation to
the City Secretary prior to the commencement of the meeting identifying the representative who
will address the City Council on behalf of the group or organization.
6.5 (5) Time Limits: Speakers before the Council shall limit their remarks to no more than
three (3) minutes for public hearing items provided that applicants for land use or other public
hearing items and their agents shall limit their remarks to five (5) minutes or less per speaker and
shall have a maximum of fifteen (15) minutes to speak to the item. Reports from members of the
public shall be limited to four (4) minutes or less. Groups or organizations comprised of ten or
more members shall limit their remarks in accordance with the parameters established in paragraph
6.4d (2-29(f)(4). 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.
6.6 (6) 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.
7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS (2-29{g))
7.1 (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 directs that the
amended ordinance be placed on the next or any future Council Agenda for adoption.
7.2 (2) City Attorney to Approve: All ordinances, resolutions, and contracts anq.
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).
7 .3 (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.
7.4 (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. (Charter,
Section 2.06 (b )).
7.5 (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).
·' 7.5.l(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.
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7.6 (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 Section 7.12, The Previous Question. It shall not be in order for members to explain their
vote during the roll call.
7. 7 (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.
7 .8 (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 therefore 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.
7.9 (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 Chapter 171, TEX. LOC.
GOV'T CODE ANN. (Vernon 2009), 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 and
shall leave the meeting room. The member having briefly stated the reason for his or her request;
the excuse from voting shall be made without debate.
7.10 (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 (2/3 vote required);
6. Limit or extend limits of debate (2/3 vote required);
7. Postpone to a certain time;
8. Commit or refer;
9. Amend;
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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.
7.11 (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.
7.12 (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 2/3 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".
7.13 (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
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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.
7.14 (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.
7.15 (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.
8. CREATION OF COMMITTEES, BOARDS AND COMMISSIONS (2-29(h))
8.1 (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.
8.2 (2) Citizen Boards, Commissions, and Committees: The Council may create other
Committees, Boards and Commissions 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 Committees, Boards and Commissions and memberships and selection of
members shall be by Council resolution if not otherwise specified by the City Charter or Code.
Any Committee, Board, or Commission 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.
8.3 (3) Appointments:
a. Individual City Council members making nominations for members to citizen boards and
commissions 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 and commission appointment process. City Council members will consider ethnicity;
gender, socio-economic levels, and other factors to ensure a diverse representation of Dento:i;i
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 and
COmmISSIOn.
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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 consecutive terms on the same board per the provisions of Denton Code of Ordinances,
Sec. 2-65.
e. Each City Council member will be responsible for making nominations for board 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.
8.4 (4) Rules of Procedure: Board, Commission and Committee members shall comply
with the provisions of Article III of Chapter 2 of the Code of Ordinances. Each Board, Commission
and Committee member 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 such Boards, Commissions and Committees.
9. VOTES REQUIRED (2-29 (i))
Questions on which the voting requirement is varied by the Charter, State Statutes and these
rules are listed below:
9.1 (1) Charter and State Statutory Requirements:
a. Charter Amendment -Five Votes: Ordinances submitting proposed Charter amendments
must be adopted by a two-thirds vote of the Council. (Article XI, Section 3, Texas Constitution and
Chapter 9, Texas Local Government Code (Vemons 2009.) For a seven member Council, this
means five members must vote affirmatively.
b. Levying Taxes -Five Votes: Ordinances providing for the assessment and collection of
certain taxes require the approval of two-thirds of the members of the Council (Section 302.101
Texas Tax Code) (Vemons, 2009).
c. Changing Paving Assessment Plans -Five Votes: Changes in plans for paving
assessment require a two-thirds vote of the Council (Section 313.053(e) Transportation Code,
Vemons 2009).
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 feet (200') therefrom, such amendment shall not
become effective except by the favorable vote of three-fourths (3/4) of all members of the City
Council; six (6) votes of the City Council is required to override the decision of the Planning and
Zoning Commission that a zoning change be denied (Section 211.066 Tex. Loe. Gov't Code and
Section 35.3.4.C.(4) Denton City Code (Development Code).
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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 (3/4) of all members
of the City Council (Section 312.002(c)) Texas Tax Code (Vemons 2009).
10. SEVERABILITY CLAUSE (2-29{i))
That 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.
SECTION 2. That Ordinance No. 2008-159 is hereby repealed.
SECTION 3. That this Ordinance shall become effective immediately upon its passage and
approval. .
PASSED AND APPROVED this the 4--fJ-day of_~~-~--• 2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
AP OVED TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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RESOLUTION NO. R2009-0 I !J
A RESOLUTION RE-ESTABLISHING A ST ANDING COMMITTEE OF THE CITY
COUNCIL OF THE CITY OF DENTON, TEXAS TO BE Ki"JOWN AS THE
AUDIT/FINANCE COMMITTEE AND ASSIGNING IT ADDITIONAL DUTIES;
DIS SOL YING THE INVESTMENT COMMITTEE; RESCINDING RESOLUTION NO.
R2006-013, R2006-026, AND SECTION V. OF THE ATTACHMENT TO RESOLUTION NO.
R2008-009; FURTHER, RE-ESTABLISHING A STANDING COMMITTEE OF THE CITY
COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL TO BE
KNOWN AS THE APPOINTEE PERFORMANCE REVIEW COMMITTEE; RESCINDING
RESOLUTION NO. R2007-043; FURTHER RE-ESTABLISHING A STANDING
COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE
CITY COUNCIL TO BE KNOWN AS THE CITY COUNCIL COMMITTEE ON THE
ENVIRONMENT; RESCINDING RESOLUTION NO. R2005-040; FURTHER, RE-
ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS FOR THE CITY COUNCIL ETHICS COMMITTEE; FURTHER,
ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS FOR THE CITY COUNCIL HOTEL OCCUPANCY TAX (HOT)
COMMITTEE; FURTHER, RE-ESTABLISHING A STANDING COMMITTEE OF THE
CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL
MOBILITY COMMITTEE; RESCINDING RESOLUTION NO. R2005-041; AND
PROVIDING FOR AN EFFECTIVE DA TE
WHEREAS,· the City of Denton deems it to be in the best interest of the City and
beneficial to enhanced efficiency of governmental operations to consolidate the resolutions and
ordinances creating the City Council oversight committees; and
WHEREAS, the City Council opines that appointments to Council committees will be
made in a more timely fashion upon the consolidation of the resolutions and ordinances creating
these City Council committees; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
TITLE I. RELATING TO THE AUDIT/FINANCE COMMITTEE
SECTION I. History of the Audit/Finance Committee and findings.
A. On April 18, 2006, the Denton City Council established an Audit/Finance
Committee by Resolution No. R2006-013 (as amended by Resolution No.
R2006-026) to act as an advisory body to the Denton City Council to
provide governance and oversight of the organization's audit activities,
internal controls, and financial and operational reporting.
B. On February 17, 1987, the Denton City Council approved a resolution
creating an Investment Policy and establishing an Investment Committee
by Resolution No. R87-0l 9.
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C. The City Council is of the opinion and hereby finds, that it is in the public
interest that an Audit/Finance Committee be re-established and that such
Committee should meet regularly to determine general investment
strategies and to monitor such results.
SECTION 2. Re-establishment of the Audit/Finance Committee and statement of duties
and purpose of the Committee.
A. The City Council hereby re-establishes a standing Audit/Finance
Committee to be composed of three (3) members of the City Council to be
appointed by the Mayor and approved by the City Council. The City
Manager, or his or her designee, will provide guidance and assistance to
the Committee and be responsible for ensuring that records are maintained
in accordance with requirements of the city secretary's office.
B. The Committee members shall serve at the pleasure of the City Council
until successors are duly appointed by the Mayor and approved by the
Denton City Council. The presiding officer of the Committee shall be
chosen annually by the Committee. Members of the Committee must be
current elected City Council members of the City of Denton, Texas.
C. The duties and purpose of the Committee shall be to assist the City
Council in fulfilling its organizational oversight responsibilities relating to
the audit function, the investment function, and any other financial related
activities as delegated by the City Council. Further, the Committee shall
assist Council in its oversight duties related to the City's internal audit
function as needed or as directed by Council.
SECTION 3. The Investment Committee shall be dissolved and its duties and
responsibilities are included in the duties of the Audit/Finance Committee as outlined in Section
2.C.
SECTION 4. Resolutions No. R2006-13, R2006-026 and Section V. of the attachment
to Resolution No. R2009-006 are hereby rescinded.
TITLE II. RELATING TO THE CITY COUNCIL APPOINTEE
PERFORMANCE REVIEW COMMITTEE
SECTION I. History of the City Council Appointee Performance Review Committee
and findings.
A. On December 11, 2007, the Denton City Council re-established the City
Council Appointee Performance Review Committee by Resolution No.
R2007-043 to act as an advisory body to the Denton City Council to
recommend performance review standards to the City Council for City
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Council appointees, to include the City Manager, City Attorney,
Municipal Court Judge and City Auditor.
B. The Denton City Council finds that it is in the public interest to re-
establish the Committee as a standing committee of the City Council.
SECTION 2. Re-establishment of the City Council Appointee Performance Review
Committee and statement of duties and purpose of the Committee.
A. The City Council hereby re-establishes the City Council Appointee
Performance Review Committee as a standing committee of the City
Council. The Committee shall consist of three (3) City Council members
to be appointed by the Mayor of the City of Denton, and approved by the
Denton City Council. The City Manager will be responsible for ensuring
that records are maintained in accordance with requirements of the city
secretary's office.
B. The Committee members shall serve at the pleasure of the City Council
until successors are duly appointed by the Mayor and approved by the
Denton City Council. The presiding officer of the Committee shall be
chosen annually by the Committee. Members of the Committee must be
current elected City Council members of the City of Denton, Texas.
C. The duties and purpose of the Committee shall be to assist the City
Council in performance review of the City Council appointees and to
insure that the appointees' job descriptions are accurate and properly
reflect current job duties in order to make recommendations to the City
Council to assist the Council in evaluating the job performance of the
Council Appointees. Additionally, the Committee will make
recommendations regarding employment agreements, including renewals,
of council appointee positions and any other duties as assigned by the City
Council.
SECTION 3. Resolution No. R2007-043 is hereby rescinded.
TITLE III. RELATING TO THE COMMITTEE ON
THE ENVIRONMENT
SECTION I. History of the Committee on the Environment and findings.
A. On October 18, 2005, the Denton City Council established the City
Council Committee on the Environment by Resolution No. R2005-040 to
act as an advisory body to the Denton City Council to address issues
facing the Council that deal with Denton's stewardship, management, and
conservation of environmental issues, environmental resources and related
matters.
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B. The City Council is of the opinion and hereby finds, that it is in the public
interest that the City Council Committee on the Environment be re-
established as a standing committee and that such Committee should meet
regularly to consider environmental matters impacting the City of Denton
and to recommend appropriate action to the City Council, as necessary.
SECTION 2. Re-establishment of the City Council Committee on the Environment and
statement of duties and purpose of the Committee.
A. The Denton City Council hereby re-establishes a standing committee to be
called the City Council Committee on the Environment. The Committee
shall consist of three (3) City Council members who will be appointed by
the Mayor of the City of Denton and approved by the Denton City
Council. The City Manager will be responsible for ensuring that records
are maintained in accordance with requirements of the city secretary's
office.
B. The Committee members shall serve at the pleasure of the City Council
until successors are duly appointed by the Mayor and approved by the
Denton City Council. The presiding officer of the Committee shall be
chosen annually by the Committee. Members of the Committee must be
current elected City Council members of the City of Denton, Texas.
C. The duties of the Committee shall be to review, discuss, deliberate and
consider environmental issues and resources and make recommendations
to the Denton City Council. The Committee will also deliberate and make
recommendations regarding any other matter delegated to the Committee
by the City Council.
SECTION 3. Resolution No. R2005-040 is hereby rescinded.
TITLE IV. RELATING TO THE CITY COUNCIL ETHICS COMMITTEE
SECTION 1. History of the City Council Ethics Committee and findings.
A. On September 7, 2004, the Denton City Council established the City
Council Ethics Committee by Ordinance No. 2004-255, which is being
rescinded by Ordinance No. 2009-13 7 adopted on this date, to act as an
advisory body to the Denton City Council on issues that may arise under
the Ethics Policy for the City of Denton.
B. The Denton City Council finds that it 1s m the public interest to re-
establish the Committee as a standing committee of the City Council.
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SECTION 2. Re-establishment of the City Council Ethics Committee and statement of
duties and purpose of the Committee.
A. The City Council hereby re-establishes the City Council Ethics Committee
as a standing committee of the City Council. The Committee shall consist
of three (3) City Council members to be appointed by the Mayor of the
City of Denton, and approved by the Denton City Council. The City
Manager, or his or her designee, shall serve as the recording secretary to
the Committee and shall provide such administrative services as
necessary.
B. The Committee members shall serve at the pleasure of the City Council
until successors· are duly appointed by the Mayor and approved by the
Denton City Council. The presiding officer of the Committee shall be
chosen annually by the Committee. Members of the Committee must be
1 current elected City Council members of the City of Denton, Texas.
C. The duties and purpose of the Committee shall be to advise the Denton
City Council on the Ethics Policy and to gather information from the
Citizens of Denton regarding the Ethics Policy, conduct hearings and
inquiries as herein set forth and consider other matters as delegated by the
City Council.
SECTION 3. Any person, including, any Elected or Appointed Official of the City of
Denton, or any person acting on behalf of a public or private entity may request the Comm_ittee
to consider an issue arising under the Ethics Policy by filing a written Notice of Potential
Violation, ("Notice"), of the Ethics Policy with the City Secretary. The City Secretary shall
make a copy of the Notice and provide a copy of the Notice to the Elected or Appointed Official
who is named in the Notice, and to the Chair of the Committee. Within thirty days, the Chair
shall place the notice on the Agenda of the Committee and the Committee shall provide notice of
the meeting to the Elected or Appointed Official, and meet and conduct hearings, as necessary.
The Committee may, in its discretion, determine to advise the City Council on the Notice. The
Committee may extend this time period if the Committee needs additional information in order
to properly advise the City Council regarding any issues raised in the Notice.
VI. RELATING TO THE CITY COUNCIL HOTEL OCCUPANCY
TAX (HOT) COMMITTEE
SECTION I. History of the City Council Hotel Occupancy Tax Committee and
findings.
A. The Denton City Council adopted Ordinance No. 75-53 on December 16,
1975, amending Chapter 23 of the Code of Ordinances by adding Article I
entitled "Hotel Occupancy Tax" which provides for the collection of a
hotel occupancy tax.
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B. On January 6, 1976, the Denton City Council entered into a contractual
agreement with the Denton Chamber of Commerce to promote tourism
and advertise the City of Denton as a potential site for public meetings and
conventions.
C. By consensus of the Denton City Council at their work session of
September 20, 1994, three representatives of the Denton City Council
have served annually on a Hotel Occupancy Tax Fund Committee to
monitor allocation and use of hotel occupancy funds.
D. The Denton City Council finds that it is in the public interest to re-
establish the Committee as a standing committee of the City Council.
SECTION 2. Re-establishment of the City Council Hotel Occupancy Tax (HOT) Fund
Committee and statement of duties and purpose of the Committee.
A. The City Council hereby re-establishes a standing committee to be called
the HOT Committee. The Committee shall be composed of three (3)
members of the City Council to be appointed by the Mayor and approved
by the City Council. The City Manager, or his or her designee, will
provide guidance and assistance to the Committee and be responsible for
ensuring that records are maintained in accordance with requirements of
the city secretary's office.
B. The Committee members shall serve at the pleasure of the City Council
until successors are duly appointed by the Mayor and approved by the
Denton City Council. The presiding officer of the Committee shall be
chosen annually by the Committee. Members of the Committee must be
current elected City Council members of the City of Denton, Texas.
C. The duties and purpose of the Committee shall be to monitor allocation
and use of hotel occupancy tax funds, ensuring funds are being used to
directly enhance and promote tourism and the hotel/convention industry,
recommend organizations to receive funding to the City Council, and
other duties as delegated by the City Council.
SECTION 3. Members of the Committee shall also serve as members of the Denton
Live Advisory Board.
VII. RELATING TO THE CITY COUNCIL MOBILITY COMMITTEE
SECTION 1. History of the City Council Mobility Committee and findings.
A. The Denton City Council, on October 18, 2005, heretofore established the
City Council Mobility Committee by Resolution No. R2005-041 to act as
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an advisory body to the Denton City Council regarding local and regional
transportation issues.
B. The Denton City Council finds that it is in the public interest to re-
establish the Committee as a standing committee of the City Council.
SECTION 2. Re-establishment of the City Council Mobility Committee and statement
of duties and purpose of the Committee.
A. The City Council hereby re-establishes a standing committee to be called
the City Council Mobility Committee. The Committee shall be composed
of three (3) members of the City Council to be appointed by the Mayor
and approved by the City Council. The City Manager, or his or her
designee, will provide guidance and assistance to the Committee and be
responsible for ensuring that records are maintained in accordance with
requirements of the city secretary's office.
B. The Committee members shall serve at the pleasure of the City Council
until successors are duly appointed by the Mayor and approved by the
Denton City Council. The presiding officer of the Committee shall be
chosen annually by the Committee. Members of the Committee must be
current elected City Council members of the City of Denton, Texas.
C. The duties and purpose of the Committee shall be to review, consider and
make recommendations to the City Council regarding any changes to the
Mobility Plan, local transportation policy, any items concerning regional
transportation policies and activities and other duties as delegated to the
Committee by the City Council.
SECTION 3. · Resolution No. R2005-041 is hereby rescinded.
VIII. RELATING TO ALL CITY OF DENTON CITY COUNCIL COMMITTEES
A. ALL COMMITTEES are subject to the provisions of Texas Government
Code §§551 and 552, as amended, and its meetings shall be posted in
compliance with the Texas Open Meetings Act. Minutes and records will
be maintained in accordance with requirements of the city secretary's
office.
B. This Resolution shall become effective immediately upon its passage and
approval.
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PASSED AND APPROVED this the ftp-ti day of ~< , 2009.
Q~OR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:-=LL~··-'~---~ ~k.........,....._ r r____._____.J -1~
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..
~S'i~,
DENTON
ADA/EOE/ ADEA
TDD: (800) 735-2989
www.citvofdenton.com
Resolution No. R2009-032
Published 11/2009