24-007ORDINANCE NO. 24-007
AN ORD[NANCE OF THE CITY OF DENTON AMENDING CHAPTER 23 OF THE CITY
CODE – POLICE - ARTICLE VI, SECTION 23-177, DENTON POLICE DEPARTMENT
CHIEF OF POLICE ADVISORY BOARD, TO EXTEND BOARD MEMBER TERMS TO
THREE YEARS, STAGGER BOARD MEMBER TERMS, DEFINE WHAT CONSTITUTES A
TERM, AND AMEND THE BOARD SCHEDULE AND REPORTING PROCEDURES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 20, 2020, the City Council approved Ordinance No. 20-2085, adding
Article VI, Section 23-177 to the City Code, creating the Denton Police Department Chief of Police
Advisory Board; and
WHEREAS, the Ordinance does not define what constitutes a “ term ” should a Board member be
removed and a new member appointed to fill that vacancy; and
WHEREAS, the 2-year term of the initial citizen members appointees to the Board commenced
on May 1, 2021, and expired on April 30, 2023; and
WHEREAS, other City Boards and Commissions have staggered terms for their citizen members,
which enhances their efficiency, effectiveness, and continuity of operations; and
WHEREAS, at their meetings on August 24, 2022, and December 1 1, 2023, the Board discussed
implementing staggered terms by district/place, and the recommendation to the Council was to
amend and combine Sections 23-117-5(F)-(G) (codified as 23-117-5(6)-(7)) to make Board terms
three years, extend the term of current Board members, allow for reappointment of one additional
term, and stagger the term of current and future Board members; and
WHEREAS, at their meeting on December 1 1, 2023, the Board found it is not necessary to meet
on a quarterly basis and made the recommendation to the Council to amend Section 23-117-8(A)
to require the Board to meet at least twice a year and more often if needed as determined by the
Chief of Police or the Board Chairperson, and provide the Chief of Police and Board Chairperson
with authority to agree to cancel a scheduled Board meeting in certain circumstances; and
WHEREAS, at their meeting on December 11, 2023, the Board found it is not necessary for the
Chief of Police to create a report semi-annually for public release regarding the Board’s work and
to brief the Council on the contents of that report, and the Board recommended to the Council to
amend Section 23-117-10 to have the Chief of Police provide a public briefing on the Board’s
work as a part of the Police Department’s annual update to the Council; and
WHEREAS, the City Council finds the continued operation of the Chief of Police Advisory Board,
with the amendments recommended by Staff and the Board, serves a valid public purpose and
enhances transparency, the public trust, and promotes the use of best practices in the use-of-force
policies and training by the Denton Police Department;
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NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference.
SECTION 2: Chapter 23, Article VI, Section 23-177-1 of the City of Denton Code of
Ordinances – Police - is amended to add the following definition:
Term: a Mrm for the purposes of this Ordinance is three (3) years. Should a BOARD
member be removed pursuant to Section 23-177-7 prior to completing their full term, an
individual appointed to replace that member shall not be considered to have served a term
on the BOARD if they serve for less than one (1) year and is eligible to serve two (2) three
(3) year terms once the term of the prior BOARD member ends.
SECTION 3: Chapter 23, Article VI, Section 23-177-5 of the City of Denton Code of
Ordinances – Police - is amended in its entirety to provide as follows.
§23-177-5 COMPOSITION
The BOARD shall be comprised of eleven (11) individuals selected as follows:
(A)
(B)
Seven (7) Citizen Members: Each member of the City Council shall appoint a
member to the BOARD.
The remaining members shall be appointed by the City Manager as follows:
a. One officer of the DEPARTMENT at the rank of Assistant Chief or below.
b. One member from the Denton Police Officers Association
c. One member from the Denton Municipal Police Association.
d. One member from the City Manager’s Office
The Chief of Police may, at his discretion, appoint up to five (5) non-voting
members from other organizations, such as the University of North Texas. Texas
Woman’s University, and Denton Independent School District. A non-voting
member may be removed by the Chief of Police without cause.
To the extent possible, it is the Council’s desire that the citizen membership of the
BOARD reflects the diversity of the Denton community.
The BOARD shall select a chairperson.
Except as provided below, all appointed members serve three (3) year terms, with
the option to be reappointed to up to one (1) additional term, for a cumulative total
of no more than two (2) consecutive terms.
a. Current Citizen members appointed by Districts 1-4 shall remain in their
positions until August 31, 2025, while those appointed from Districts 5, 6, and
by the Mayor, shall remain in their positions until August 3 1, 2026. Upon the
expiration of these initial terms, a subsequent term is for three (3) years,
beginning on September 1 of that year.
b. Current members appointed by the City Manager (one officer of the Department
at the rank of Assistant Chief or below, one member from the Denton Police
Officers Association, one member from the Denton Municipal Police
(C)
(D)
(E)
(F)
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Association, and one member from the City Manager’s Office) shall remain in
their positions until August 3 1, 2025. Upon the expiration of these initial terms,
a subsequent term is for three (3) years, beginning on September 1, 2025.
Non-voting members appointed by the Chief of Police from other organizations
such as the University of North Texas, Texas Woman’s University, and Denton
Independent School District, shall remain in their positions until August 31,
2025. Upon the expiration of these initial terms, a subsequent term is for three
(3) years, beginning on September 1, 2025.
BOARD members whose terms took effect on May 1, 2021, shall be considered
to have already served a three (3) year term and are only eligible to be
reappointed for one (1) additional three (3) year term.
C
d
Citizen BOARD members shall not be compensated for their service.(G)
SECTION 4: Chapter 23, Article VI, Section 23-177-8(A) of the City of Denton Code of
Ordinances – Police - is amended to provide as follows:
§23-177-8 MEETINGS
(A)The BOARD shall meet at least twice a year, and more often if needed as
determined by the Chief of Police or the BOARD Chairperson. The Chief of
Police and the BOARD Chairperson may agree to cancel a scheduled BOARD
meeting without the approval of a majority of the voting members of the
BOARD if it is known before the scheduled meeting that there is going to be a
lack of a quorum or there is insufficient business justifying the need for a
meetIng.
SECTION 5: Chapter 23, Article VI, Section 23-177-10 of the City of Denton Code of
Ordinances – Police - is amended in its entirety to provide as follows:
§23-177-10 PUBLIC STATEMENTS REGARDING THE BOARD’S ROLE
As part of the Police Department’s annual update to the City Council, the Chief of Police
shall provide the City Council with a public briefing that includes a section describing the
BOARD and its work, including its recommendations, the Chiefs Response, and
recommendations implemented by the Chief.
SECTION 6: All other provisions of Article VI, Section 23-177 not expressly amended
by this Ordinance, remain in full force and effect.
SECTION 7: This Ordinance shall become effective immediately upon its passage and
approval.
s e c o n d e: \ m oE :t: a Pr = = 1Ct h i s O rd i n a n c e w a s rTtl sErdi :: : : = spa sl he : f : ::rove / : :
the following vote Lz - L] :
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Aye
,/
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2:
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Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the 23f )day of l-„'.+, 2024
GERARD HUDSPETH, MAYOR
ATTEST:
JESUS SALAZAR, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK RErNWAND, CITY ATTORNEY
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