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RES 2025-02 Town Council Rules of Procedure TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2025-02 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING THE TOWN OF TROPHY CLUB TOWN COUNCIL RULES OF PROCEDURE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, Section 3.11 of the Town Charter grants the Town Council the authority to determine its own rules of procedure; and WHEREAS, the Town Council previously adopted rules of procedure by ordinance but now finds that adopting such rules by resolution is in the best interest of the Town to provide greater flexibility and efficiency in governance; and WHEREAS, the Town Council desires to adopt the Town Council Rules of Procedure as set forth in the attached Exhibit "A" to this Resolution to provide a streamlined and updated framework for the conduct of its meetings and proceedings; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. The facts and recitals set forth in the preamble of this Resolution are hereby found to be true and correct. Section 2. The Town Council adopts the "Town Council Rules of Procedure", which is attached to this Resolution as Exhibit A. Section 3. Any Town Council Rules of Procedures previously adopted and in conflict with Exhibit A are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect from and after its date of passage in accordance with law. RESOLUTION 2025-02 PAGE 2 PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 13th day of January 2025. FSROp O y),< /Je net • a Mayor ° vkAP, o0 ATTEST: *s \ 9V4Ry ,Jai Tammy Dixon, To Secr tary — APPROVED AS TO FORM: Dean,;.ggi: ttorney RESOLUTION 2025-02 PAGE 3 EXHIBIT A TOWN OF TROPHY CLUB TOWN COUNCIL RULES OF PROCEDURE Tiiii.‘i TROPHY CLUB TOWN COUNCIL RULES OF PROCEDURE Approved by Resolution 2025-02 January 13, 2025 TABLE OF CONTENTS 1. AUTHORITY 1.1 CHARTER 1 1.2 COUNCIL MEMBER ELECTION/APPOINTMENTS 1 1.3 MAYOR TO ACT AS COUNCIL CEREMONIAL REPRESENTATIVE 1 1.4 COUNCIL MEMBER PARTICIPATION IN COMMUNITY ACTIVITIES 2 2. COUNCIL MEETINGS 2.1 REGULAR MEETINGS 2 2.2 SPECIAL MEETINGS AND EMERGENCY MEETINGS 2 2.3 EXECUTIVE SESSIONS 2 2.4 NOTICE OF MEETINGS 3 2.5 QUORUM 3 2.6 VIDEO CONFERENCE PATICIPATION 3 2.7 PRESIDING OFFICER 5 2.8 APPOINTED OFFICIALS 6 2.9 ATTENDANCE BY THE PUBLIC 6 2.10 MINUTES 6 2.11 ESTABLISHING THE TOWN COUNCIL MEETING AGENDA 6 3. ORDER OF BUSINESS 3.1 GENERAL ORDER 7 3.2 ORDINANCES AND RESOLUTIONS 7 3.3 NUMBERING AND INDEXING OF AGENDA ITEMS 7 3.4 PUBLIC RECOGNITION/COMMUNITY SPOTLIGHT 7 3.5 ITEMS OF COMMUNITY INTEREST/COUNCIL COMMUNICATIONS 8 3.6 CONSENT AGENDA 8 4. RULES OF CONDUCT 4.1 GENERAL PROCEDURE 8 4.2 PARLIAMENTARY PROCEDURES 8 4.3 DAIS SEATING 8 4.4 AUTHORITY OF PRESIDING OFFICER 8 4.5 PRESIDING OFFICER TO FACILITATE COUNCIL MEETINGS 9 4.6 COUNCIL DELIBERATION AND ORDER OF SPEAKERS 9 4.7 LIMIT DELIBERATIONS TO ITEM AT HAND 9 4.8 OBTAINING THE FLOOR 9 4.9 MOTIONS 9 4.10 PROCEDURES FOR AGENDA ITEM DISCUSSIONS/MOTIONS 9 4.11 VOTING 12 4.12 NON-OBSERVANCE OF RULE 13 5. PUBLIC HEARINGS 5.1 GENERAL PROCEDURE 13 5.2 CONTINUANCE OF HEARINGS 14 5.3 PUBLIC COMMENT AT HEARINGS 14 5.4 COMMUNICATIONS AND PETITIONS 15 6. ADDRESSING THE TOWN COUNCIL 6.1 STAFF PRESENTATIONS 15 6.2 ORAL PRESENTATIONS BY MEMBERS OF THE PUBLIC 15 6.3 PUBLIC COMMENTS AGENDA ITEM 15 6.4 RIGHT TO SPEAK 16 6.5 PUBLIC MEETING APPEARANCE CARDS 16 6.6 REPETITIOUS COMMENTS 16 6.7 WAIVER OF RULES 17 6.8 NON-EXCLUSIVE RULES 17 7. COUNCIL MEMBER TRAINING AND PROFESSIONAL DEVELOPMENT 7.1 TOWN COUNCIL ORIENTATION 17 7.2 TOWN COUNCIL TRAVEL,TRAINING,MEMBERSHIPS,AND CLOTHING ALLOCATION POLICY 17 8. TOWN COUNCIL STAFF RELATIONS AND ADMINISTRATIVE SUPPORT 8.1 COMMUNICATION WITH STAFF 18 8.2 AGENDA QUESTIONS 18 8.3 PROBLEM RESOLUTION 19 8.4 STAFF CONDUCT 19 8.5 MAIL 19 8.6 TOWN COUNCIL CORRESPONDENCE 20 8.7 CLERICAL SUPPORT 20 8.8 TOWN COUNCIL EVENT COORDINATION 20 8.9 REQUESTS FOR RESEARCH OR INFORMATION 21 8.10 TOWN COUNCIL NOTIFICATION OF SIGNIFICANT INCIDENTS 21 9. BOARDS AND COMMISSIONS 9.1 BOARD AND COMMISSION APPOINTMENTS/REMOVALS 21 9.2 BOARD,COMMITTEE,AND COMMISSION TRAINING 23 9.3 CREATION OF AD HOC COMMITTEE/TASK FORCE 23 10. PROCEDURES ADMINISTRATION 10.1 BIENNIAL REVIEW OF TOWN COUNCIL RULES OF PROCEDURE 24 10.2 ADHERENCE TO PROCEDURES 24 10.3 TOWN ATTORNEY AS PROCEDURE ADVISOR 24 10.4 APPLICABILITY OF RULES OF PROCEDURE 24 1.AUTHORITY 1.1 CHARTER The Town of Trophy Club Charter,Article III;Section 3.11 provides that the Town Council shall determine its own rules of procedure. These Rules of Procedure shall be in effect upon adoption by the Town Council and until such time as amended, suspended, or new rules are adopted by the Town Council. 1.2 COUNCIL MEMBER ELECTION/APPOINTMENTS a. Election of Mayor Pro Tem Pursuant to Article III,Section 3.07 of the Town Charter,the Town Council shall elect one of its members to serve as Mayor Pro Tem at its first meeting after election of council members. Upon election, the Mayor Pro Tem shall perform all the duties of the Mayor in the absence or disability of the Mayor. b. Council Committees At the first Town Council meeting in June,the Mayor may present recommendations for the members of the following Council Subcommittees and open the floor for additional nominations, all subject to the approval of the Town Council. Town Council Members may propose changes or make their own nominations for the following Council Subcommittees. Appointment of members to all committees of the Town,inclusive of Council Subcommittees, is exclusively vested in the Council. • Appointments Committee • Budget Oversight Committee • Municipal Utility District No. 1 Coordination Committee 1.3 MAYOR TO ACT AS COUNCIL CEREMONIAL REPRESENTATIVE Pursuant to the Town Charter Article III; Section 3.06, the Mayor has been delegated the responsibility to act as the Town Council's representative for all ceremonial purposes. In the Mayor's absence or disability,the Mayor Pro Tem assumes this responsibility.In both the Mayor's and Mayor Pro Tem's absence or disability, the Mayor will request another Council Member to assume this responsibility. If the Mayor is unable to request another Council Member to assume this responsibility, the Town Council may select a Council Member to assume this responsibility by a majority vote of the Town Council. 1 1.4 COUNCIL MEMBER PARTICIPATION IN COMMUNITY ACTIVITIES From time to time,the Mayor or Council Members may choose to participate in community activities,committees, events and task forces. When the Mayor or a Council Member participates in these types of activities,he/she is assumed to be acting as a member of the general public rather than acting on behalf of the Town Council. Acting or participating on behalf of the Town Council is limited to those instances when the Town Council has formally designated the Mayor or Council Member as its representative for the matter. As specified in Section 1.3, the Mayor is delegated to serve as the Town Council's representative for ceremonial purposes. 2. COUNCIL MEETINGS 2.1 REGULAR MEETINGS Consistent with Charter Section 3.09, the Council shall hold at least two (2) regular meetings a month for at least seven(7)months and a minimum of one meeting during each of the other five(5)months at a time to be fixed by Council for such regular meetings.Council may hold as many other meetings as may be necessary for the transaction of the business of the Town. All regular meetings shall be held at Town Hall or at such other places within town limits as will permit the attendance of the general public. All meetings will be held in accordance with open meeting laws of the State of Texas. 2.2 SPECIAL MEETINGS AND EMERGENCY MEETINGS Consistent with Charter Section 3.10, special meetings may be called at any time by the Mayor or by three(3)members of the Town Council. The Town Secretary shall post notice thereof as provided by State law. 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 or by three (3) members of the Town Council, and it shall be sufficient if the notice is posted one (1) hour before the meeting is convened, or as may be required by the Texas Open Meetings Act. Diligent effort to notify all Council Members shall be made prior to the emergency meeting. (Texas Gov't Code,Sec.551.045) 2.3 EXECUTIVE SESSIONS The Town Council may meet in Executive Session during any workshop,regular,or special meeting, or anytime otherwise authorized by State law, to consider or hear any matter which is authorized by State law to be heard or considered in Executive Session. a. The specific section of the Texas Open Meetings Act authorized for the executive session and the subject matter for consideration shall be announced by the Presiding Officer or announced by the Town Secretary as instructed by the Presiding Officer, in an open meeting before such session is held. 2 b. Council Members may not reveal the nature of discussion from a closed session unless required by State law,required by a court of competent jurisdiction,or unless made in connection with any investigation or proceeding regarding whether there has been a violation of the Town Code of Ethics and Conduct. Except as provided above, disclosure of the discussion from a closed session is a violation of the Town Code of Ethics and Conduct. (Code of Ordnances,Section 1.05.004(3)) 2.4 NOTICE OF MEETINGS Notice of meetings and the agenda for all Town Council meetings shall be posted by the Town Secretary on the Town's official bulletin board and website pursuant to the requirements of the Texas Open Meetings Act. 2.5 QUORUM Charter Section 3.12 states a majority of the Council shall constitute a quorum to do business. Except as otherwise specifically provided in the Charter or as provided by law, four(4) members of Council shall constitute a quorum for the purpose of transaction of business and no action of the Council shall be valid or binding unless adopted by the affirmative vote of four(4) or more members of the Council,or as required by State law or the Town's Charter. 2.6 VIDEO CONFERENCE PARTICIPATION Council Members may participate in Town Council meetings via videoconference in accordance with Section 551.127 of the Texas Open Meetings Act.The following conditions shall apply: a. Quorum and Participation Limits A quorum of the Town Council must be physically present at the meeting location posted on the agenda. No more than two (2) Council Members may participate in a single meeting via videoconference,granted on a first-come, first-served basis. The Presiding Officer must be physically present where the quorum of the meeting is located. Remote participation shall be limited to open or closed meetings held at Town Hall where sufficient technology is available to conduct remote participation in accordance with State law. b. Notification Requirements Council Members wishing to attend via videoconference must notify the Town Secretary no later than noon on the Wednesday prior to the meeting; or as soon as practical. 3 • The following statement will be placed on all Council Agendas when videoconference is authorized: "Pursuant to Texas Government Code Section 551.127, one or more members of the Town Council may participate in this meeting by videoconference call. A quorum of the Town Council will be present at the physical location of the meeting." In case of a personal emergency, Council Members may request videoconference participation by notifying the Mayor and Town Manager no later than 5:00 p.m. on the business day prior to the meeting. c. Technology and Public Access The technology used must ensure two-way audio and video communication, enabling all participants to be audible and visible to each other and to the public during open sessions of the meeting. Members participating remotely are responsible for ensuring they have the necessary equipment and a stable interne connection to establish and maintain their participation throughout the meeting. If a remote participant becomes inaudible or invisible to those at the physical meeting location, they will be considered absent for the portion of the meeting during which the connection is lost. The Town Council meeting will proceed as scheduled and will not be paused or adjourned due to technical or technology issues affecting the participation of remotely attending Council Members. d. Videoconference Etiquette During videoconference attendance, the Council Member's face must be clearly visible, and audio must be clear while speaking. e. Executive Session Confidentiality For executive sessions or closed meetings, Council Members participating remotely must take appropriate measures to ensure that audio and video communications are inaccessible to unauthorized persons to preserve confidentiality and attorney-client privilege. f. Frequency of Remote Participation Remote participation is not intended to be a regular occurrence for Council Members. Council Members are strongly encouraged to attend all Town Council meetings in person. A Council Member desiring to attend more than two(2)meetings remotely in any calendar year must request approval for remote participation from the full Town Council. A Council Member requesting Town Council approval to attend three (3) or more 4 Town Council meetings remotely in any calendar year must provide "good cause" justification for the request. Below are examples of"good cause"justifications,which are intended to be more than mere inconvenience or preference for attending remotely. • Examples of"good cause" are: • Sudden illness or hospitalization, • Conflict related to employment, and • Conflict related to planned travel. g. Eligibility for Remote Attendance: The Town Manager may request permission from the Presiding Officer for a staff member to attend remotely when that member's presence is critical to a purpose at the meeting. Consistent with the regulations and practices outlined in this Section 2.6,members of the Planning & Zoning Commission, Economic Development Corporation Board, Crime Control & Prevention District Board, Zoning Board of Adjustment, and Building Standards Commission may participate remotely in their respective meetings. Remote participation is not allowed for members of all other boards and commissions. 2.7 PRESIDING OFFICER a. Designation Consistent with Charter Section 3.06, the Mayor shall preside at all meetings of the Council. The Mayor may participate in the discussion of all matters coming before the Council and shall have a vote on all matters before the Council. In the absence or disability of the Mayor, the Mayor Pro-Tern shall preside. In the absence or disability of both the Mayor and the Mayor Pro-Tem, the Town Council shall elect a presiding officer. b. Call to Order The meetings of the Town Council shall be called to order by the Presiding Officer. In the absence of both the Mayor and the Mayor Pro-Tern,the meeting shall be called to order by the Town Secretary. c. Preservation of Order The Presiding Officer shall have the authority to preserve order at all Town Council meetings, to enforce the rules of the Town Council, and to determine the order of business under the rules of the Council. 5 2.8 APPOINTED OFFICIALS The Town Manager shall attend all meetings of the Town Council unless excused by the Mayor or Town Council and shall have the right to participate in all discussions. The Town Attorney shall attend all meetings of the Town Council unless excused by the Mayor or Town Council,and shall,upon request,give opinion,either written or oral,on questions of law. The Town Attorney shall also serve as the Town Council's parliamentarian. The Town Secretary shall attend all meetings of the Town Council unless excused by the Mayor or Town Council and shall keep the official minutes and perform such other duties as may be requested by the Town Council. 2.9 ATTENDANCE BY THE PUBLIC All meetings of the Town Council shall be open to the public in accordance with the terms of provisions of the Texas Open Meetings Act,except for the Executive Session or closed meetings as allowed by State law. Citizens and other visitors attending Town Council meetings shall observe the same rules of propriety,decorum,and good conduct applicable to members of the Town Council. 2.10 MINUTES At a minimum, the minutes shall include the members present, state the subject of each deliberation,and indicate each vote,decision,or other action taken.The minutes shall also indicate how each member voted on each matter. (Texas Gov't Code,Sec.551.021) a. Town Council Approval of Minutes Minutes of meetings are generally submitted to the Town Council for approval at the next regularly scheduled meeting. The Mayor and Council Members present shall be required to vote on the approval of the minutes, even if absent at the meeting for which the minutes pertain. 2.11 ESTABLISHING THE TOWN COUNCIL MEETING AGENDA The Town Manager shall establish a preliminary Town Council meeting agenda based on the policy direction of the Mayor and Town Council and specific items of business that require action by the Town Council. The Town Manager shall review the preliminary agenda with the Mayor prior to finalizing the final meeting agenda. The Town Secretary shall prepare the final meeting agenda,which shall be publicly posted in accordance with the Texas Open Meetings Act. Any item requested by two (2) Council Members, or by the Mayor, or by the Town Manager shall be placed on the agenda by the Town Secretary. (Town Charter,Section 3.11 (b)) 6 The Town Manager may discuss with the requesting Council Member the delay of the agenda item. In consultation with the Town Manager and/or Mayor,the request will be placed on an agenda as soon as possible. Such a determination will be communicated to the requesting Council Member. 3. ORDER OF BUSINESS 3.1 GENERAL ORDER Town Council meetings will be generally conducted in the following order, unless otherwise specified or removed. An Executive Session may be held at any time during a work session,regular,or special called meeting consistent with applicable State law. WORK SESSION AGENDA CALL TO ORDER AND ANNOUNCE A QUORUM PUBLIC COMMENTS WORK SESSION ITEMS ADJOURN WORK SESSION REGULAR MEETING AGENDA CALL TO ORDER AND ANNOUNCE A QUORUM INVOCATION PLEDGE OF ALLEGIANCE PUBLIC COMMENTS COMMUNITY SPOTLIGHT CONSENT AGENDA INDIVIDUAL ITEMS (includes Public Hearings, if any) EXECUTIVE SESSION(as needed) ADJOURNMENT 3.2 ORDINANCES AND RESOLUTIONS All ordinances and resolutions shall be reviewed and approved as to form and legality by the Town Attorney prior to being placed on an agenda for consideration. 3.3 NUMBERING AND INDEXING OF AGENDA ITEMS All items of any nature shall be numbered consecutively for purposes of consideration on the agenda. Upon passage, the Town Secretary shall separately index all ordinances and resolutions. 3.4 PUBLIC RECOGNITION/COMMUNITY SPOTLIGHT All special presentations and announcements will be calendared and coordinated through the Town Secretary and Mayor. A period of time,typically not to exceed five(5)minutes,will be provided for each recognition. 7 3.5 ITEMS OF COMMUNITY INTEREST/COUNCIL COMMUNICATIONS Members of the Town Council have the opportunity to briefly comment and notify others of items of community interests pursuant to Texas Gov't Code Sec. 551.0415, which may include expressions of thanks,congratulations or condolences;holiday schedule information;an honorary or salutary recognition of a public official,public employee, or other citizen; information about a Town-organized or sponsored event or other social, ceremonial, or community event; announcements involving an imminent threat to the public health and safety of the citizens that has arisen after the posting of the agenda. 3.6 CONSENT AGENDA The Consent Agenda shall contain routine, non-controversial items that require Town Council action but need little or no further Town Council deliberation. Agenda items may be removed from the Consent Agenda at the request of the Mayor, a Council Member,or Town Manager and will be considered after approval of the remainder of the Consent Agenda.The requested item removed from the Consent Agenda will then be considered for a separate vote of the Town Council. 4. RULES OF CONDUCT 4.1 GENERAL PROCEDURE These Rules of Procedure and the following rules of conduct in this Section 4, consistent with the Town Charter and any applicable Town ordinance,statute or other legal requirement,shall govern the proceedings of the Town Council. The Town Council Rules of Procedure shall be interpreted and read harmoniously with the Town Charter and any applicable Town ordinance, statute or other legal requirement. The Town Charter and any applicable Town ordinance, statute or other legal requirement shall control in the event of a conflict with the Town Council Rules of Procedure. 4.2 PARLIAMENTARY PROCEDURES Robert's Rules of Order Newly Revised,as amended by the Council,shall generally guide the proceedings of the Town Council. 4.3 DAIS SEATING The Mayor shall be seated at the center of the dais, with the Mayor Pro Tern seated immediately to the Mayor's right. The remaining Council Members will be seated by Place number,one through six from left to right,as viewed from the audience. 4.4 AUTHORITY OF THE PRESIDING OFFICER Subject to appeal to the full Town Council, the Presiding Officer shall have the authority 8 to prevent the misuse of motions, the abuse of any privilege, or the obstruction of the business of the Town Council by ruling any such matter out of order. In so ruling,the Presiding Officer shall be courteous and fair and should presume that the moving party is acting in good faith. Any member of the Town Council may move to require enforcement of the rules,and the affirmative vote of a majority of the Town Council shall require the Presiding Officer to act. 4.5 PRESIDING OFFICER TO FACILITATE COUNCIL MEETINGS In the role of facilitator,the Presiding Officer will assist the Town Council in focusing on agenda discussions and deliberations. 4.6 COUNCIL DELIBERATION AND ORDER OF SPEAKERS The Presiding Officer has been delegated the responsibility to control the debate and the order of speakers. Speakers will generally be called upon in the order of the request to speak. With the concurrence of the Presiding Officer,a Council Member holding the floor may address a question to another Council Member and that Council Member may respond while the floor is still held by the Council Member asking the question. A Council Member may opt not to answer a question while another Council Member has the floor. 4.7 LIMIT DELIBERATIONS TO ITEM AT HAND Council Members will limit their comments to the subject matter, time,or motion being currently considered by the Town Council. 4.8 OBTAINING THE FLOOR Any member of the Town Council wishing to speak must first obtain the floor by being recognized by the Presiding Officer. The Presiding Officer must recognize any Council Member who seeks the floor when appropriately entitled to do so. 4.9 MOTIONS Motions may be made by any member of the Town Council, including the Presiding Officer, provided that before the Presiding Officer offers a motion, the opportunity for making a motion should be offered to other members of the Town Council. Any member of the Town Council,other than the person offering the motion,may second a motion. 4.10 PROCEDURES FOR AGENDA ITEM DISCUSSIONS/MOTIONS The following is the general procedure for agenda item discussions and making motions: a. The Presiding Officer or, if requested,the Town Secretary reads the agenda item. b. Staff presents its report to the Town Council. 9 c. The applicant or vendor,if applicable,may give a presentation and answer questions from the Town Council. d. Members of the public are provided the opportunity to ask questions or make comments germane to the agenda item. Individuals will be requested to state their name and address for the record. e. The Town Council deliberates on the issue, which may include asking questions of staff and,if applicable,the applicant or vendor.The Town Council may also respond to related questions posed by the public,applicant, or vendor, or may direct staff to respond. f. Following deliberation, the Presiding Officer calls for a motion. Once the motion is made and seconded,the Council may engage in further discussion. g. At the Presiding Officer's discretion, additional public comment germane to the agenda item may be invited after a motion has been made. h. Once discussion is complete, the Presiding Officer calls for a vote. No further discussion will be allowed unless Council Members wish to explain their vote. Council Members may word motions in any common manner provided such motions and intended action are clear. The Presiding Officer may confirm that each of the Council Members understand the motion prior to calling for a vote on the motion. When a motion is on the floor and an amendment is offered, the amendment should be acted upon prior to acting on the main motion. No motion of a subject different from that under consideration shall be admitted as an 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. Action shall be taken on the amended amendment prior to any other action to further amend the original motion. The following are examples of possible motions: MOTION TO APPROVE OR DENY A motion to approve or deny is a proposal to take a specific action. The maker of the motion may state, "I make a motion to approve/deny Agenda Item #" or may state the recommended motion (under state law, certain motions require specific language in which case staff will provide the specific motion in the packet that the specific language must be used), or such person may state the agenda caption although it is not necessary. A failed vote to approve shall result in the agenda item being denied. 10 MOTION TO APPROVE WITH AMENDMENTS A motion to approve a specific action may include amendments recommended by a board, Town Attorney,another Council Member,or staff. The maker of the motion may state,"I make a motion to approve Agenda Item # with the following amendment(s)..." or state recommended motion or the agenda caption with the amendment included. MOTION FOR RECONSIDERATION A motion for reconsideration indicates a Council Member wants the Town Council to reconsider a prior action of the Town Council and if successful, for the Town Council to consider taking different action. A motion to reconsider may be made at the same meeting or at the next succeeding meeting following the relevant Town Council action, provided the reconsideration request complies with the requirements of the Texas Open Meetings Act and applicable law. If the motion to reconsider a prior action is not made at the same meeting, such motion and the related agenda item must be posted on the agenda for the meeting at which the motion is to be reconsidered. The maker of the motion may state: "I make a motion to reconsider Agenda Item#"or may state the full agenda caption. If that motion fails, then the matter is finally concluded. If the motion to reconsider passes,then a motion is in order for the different action. A motion for reconsideration may only be made by a Council Member who voted with the majority of the Town Council on the action proposed to be reconsidered by the Town Council. Any member of the Town Council may second a motion for reconsideration. MOTION TO ADJOURN If the Town Council has reached the end of the agenda, no motion is required. The Presiding Officer can declare the meeting adjourned.A motion to adjourn may also be made during the meeting. The maker of the motion may state, "I make a motion to adjourn the meeting."The motion requires a second and is not debatable. If the motion passes by majority vote, the meeting is adjourned. WITHDRAWAL OF MOTION A withdrawal of a motion indicates a motion may be withdrawn or modified by the Council Member who originally made the motion at any time prior to its passage. If a motion is withdrawn, the Council Member who originally made the motion,or another Council Member,may then make a motion requiring to be seconded by another Council Member. MOTION TO CONTINUE A PUBLIC HEARING The Town Council may continue a public hearing to a date time certain unless State law provides otherwise. The maker of the motion may state, "I make a motion to continue the public hearing to xxx date at xxx time".This motion will prevent the Town from incurring the cost of re- advertising or publishing notice of the public hearing in the newspaper. 11 MOTION TO REFER OR POSTPONE/TABLE The Town Council may desire to continue discussion of an agenda item at a future meeting, may require the Town staff to provide further information,or require the matter to be reconsidered by an applicable board or commission. In such event the Town Council may postpone or table consideration of the agenda item to a date time certain or subsequent Council Meeting (or for example until such time as Town staff can provide the requested information) or refer the matter back to the applicable board or commission to reconsider the agenda item. 4.11 VOTING Abstention a. Pursuant to Section 3.20 of the Town Charter, if a Council Member abstains because of a legal conflict of interest, such member is not counted as present for quorum purposes and is not deemed to be "voting" for purposes of determining whether there has been a"majority vote of those voting and present." b. When the Mayor or a Council Member abstains because of a legal conflict of interest, the Mayor or such Council Member must file an affidavit with the Town Secretary stating the nature and extent of the conflict before the agenda item is announced by the Mayor. The Mayor or Town Secretary shall briefly state, on the record, the nature of the conflict of the Council Member. State law requires the inclusion of this information in the public record. A Council Member with a legal conflict of interest shall excuse themselves from the dais for that portion of the Council meeting and may return once the Council has completed action on the agenda item. Tie Votes A tie vote results in a lost motion. In such an instance, any member of the Town Council may offer a motion for further action. Per Section 3.12 of the Town Charter, except as otherwise specifically provided by the Charter or by law, no action of the Council shall be valid or binding unless adopted by the affirmative vote of four(4)or more members of the Council,or as otherwise required by State law or the Charter. Charter or Statute Voting Requirements Per the Town Charter,actions taken by the Town Council require the affirmative vote of four (4) or more Council Members to be valid and binding, unless State law specifies differently. Provided below are items that require more than four(4) affirmative votes or more than a simple majority of Council Members. Items listed herein are not intended to be an exhaustive list; the Town Attorney shall provide notice to the Town Council when the Council is taking action on such an item. 12 a. Charter Amendment—Two-thirds Vote An Ordinance submitting a proposed Charter amendment must be adopted by a two- thirds vote of the entire Town Council, except when an amendment is otherwise requested by petition pursuant to Texas Local Gov't Code Sec. 9.004. (Texas Local Gov't Code,Sec.9.002(a),Texas constitution Article XI,Section 5) b. Protested Changes in Zoning Ordinance—Three-fourths Vote If a proposed change to a zoning regulation or boundary is protested by owners of twenty percent or more of the area of the lots or land included in such proposed change, or of the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet there from in accordance with Texas Local Gov't Code Ch.211,as amended,the affirmative vote of at least three-fourths of the entire Town Council is required for the proposed change to take effect. (Texas Local Gov't Code,Sec.211.006(d)) An affirmative vote of at least three-fourths of the entire Town Council is required to overrule a recommendation of the Planning and Zoning Commission that a proposed amendment, supplement,or change to a zoning be denied. (Town Ordinance, Sec. 14.02.403(b)(3)) If a Council Member has abstained because of a legal conflict of interest and filed the required affidavit,the number of the members of full Town Council counted present and voting is reduced by the number of such conflicted Council Members. c. Canvassing an Election - Two (2) members of the Town Council constitute a quorum for purposes of canvassing an election. (Texas Election Code Sec.67.004) 4.12 NON-OBSERVANCE OF RULE Rules adopted to expedite and facilitate the transaction of the business of the Town Council in an orderly fashion shall be deemed to be procedural only, and the failure to strictly observe any such rules shall not affect the jurisdiction of, or invalidate any action taken by, the Town Council. 5. PUBLIC HEARINGS 5.1 GENERAL PROCEDURE A public hearing will be conducted separately from Town Council consideration of related ordinances, resolutions, or other motions. The public hearing will allow for staff presentations,applicant input,and public comments.Following a public hearing,the Town Council will have separate consideration of the related agenda item (i.e. consideration of the ordinance or resolution), when applicable, following the procedures outlined under Section 4.10. The following are general guidelines to conduct the public hearing. 13 a. The Presiding Officer opens the Public Hearing. b. Staff presents its report. c. The applicant or appellant has the opportunity to present comments,testimony,or arguments. The applicant or appellant shall have a total of fifteen(15)minutes for a presentation when recognized by the Presiding Officer. d. Members of the public are provided the opportunity to make comments germane to the public hearing as outlined in Section 5.3. e. The Presiding Officer closes the Public Hearing. 5.2 CONTINUANCE OF HEARINGS Any Public Hearing being held by the Town Council may by motion, be continued to a subsequent meeting date and time certain. 5.3 PUBLIC COMMENT AT HEARINGS When a matter for Public Hearing comes before the Town Council,the Presiding Officer shall inquire if there is anyone present who wishes to speak or present evidence regarding the matter.A Public Hearing,no matter what the subject matter,is not a question-and-answer period. Speakers must address their comments to the Town Council.Council Members should not address members of the public during a Public Hearing. a. Public Member Request to Speak Any person desiring to speak at a Public Hearing scheduled on the agenda is requested to complete a Public Meeting Appearance Card prior to the matter being reached and present it to the Town Secretary. Upon being recognized by the Presiding Officer,the person may speak or present evidence relevant to the matter being heard. No person may speak without first being recognized by the Presiding Officer. Each speaker,other than the applicant or appellant, is limited to three(3) minutes, although the Presiding Officer or a majority vote of the Town Council may adjust the time limit. b. Materials for Public Record In Person: Individuals interested in the matter being heard by the Town Council may submit written or graphic evidence and remarks in person at the meeting. All evidence presented will be retained by the Town Secretary's Office as part of the record of the hearing, in accordance with State law. Electronically: Individuals may also submit written or graphic evidence and remarks electronically by sending the materials to townsec(a,trophyclub.org. 14 Submissions must clearly identify the Town Council meeting date and agenda item to which they pertain. Electronic materials must be submitted at least twenty- four(24)hours prior to the scheduled start time of the Town Council meeting. 5.4 COMMUNICATIONS AND PETITIONS Written communications and petitions, appropriately submitted as described herein, concerning the subject matter of the hearing will be noted, read aloud, or summarized by the Presiding Officer or Town Secretary. A reading in full, limited to the same time limit imposed on all other public comments regarding that agenda item, shall take place if requested by any Council Member. 6. ADDRESSING THE TOWN COUNCIL 6.1 STAFF PRESENTATIONS Staff presentations will be concise and will provide factual background information on the item as well as a recommendation,when appropriate, for the Town Council. 6.2 ORAL PRESENTATIONS BY MEMBERS OF THE PUBLIC The following procedures will guide oral presentations by members of the public at Town Council meetings: a. Prior to the meeting or during the meeting prior to a matter being reached,persons wishing to address the Town Council are requested to complete a Public Meeting Appearance Card and present it to the Town Secretary. b. When called upon,individuals are requested to come to the podium and state their name and address for the record. If speaking for an organization or other group, individuals are requested to identify the group represented. c. Public comments should be directed to the entire governing body pursuant to Texas Gov't Code Sec. 551.007. 6.3 PUBLIC COMMENTS AGENDA ITEM The Public Comments portion of the Town Council meeting is set aside for members of the public to address the Town Council on any item of business being considered on the agenda,or any item that is not formally scheduled on the agenda,listed on the Consent Agenda,or scheduled as a Public Hearing. Members of the public are requested to complete a Public Meeting Appearance Card prior to the commencement of the meeting and present it to the Town Secretary. a. Timing Public comments are generally permitted at the beginning of the regular Town 15 Council meeting, as specified on the agenda. Presentations shall be limited to three (3) minutes each, although the Presiding Officer or a majority vote of the Town Council may adjust the time limit. A person may not "give their time" to another person making comments. b. No Council Deliberations In compliance with the Texas Open Meetings Act, the Town Council may not deliberate or vote on any matter raised during the public comments section of the agenda, except for the purpose of determining whether such matter should be placed on a future Town Council agenda. The Presiding Officer,however,may request the Town Manager, or his designee, to provide additional information on a matter of general interest to the full Town Council,the public at large,or to the citizen making the comment. 6.4 RIGHT TO SPEAK Texas Gov't Code Sec. 551.007 requires the Town Council to allow a citizen to address the Town Council prior to the Town Council's consideration of an item listed on the meeting agenda. The Town Charter provides that citizens of the Town shall have reasonable opportunity to be heard at any meeting.A person who wants to speak and address the Town Council regarding an item listed on the agenda to be considered by the Town Council are requested to complete a Public Meeting Appearance Card prior to the commencement of the meeting and present it to the Town Secretary.The citizen may either speak during the Public Comments portion of the meeting or when the item is reached on the agenda after being recognized by the Presiding Officer. 6.5 PUBLIC MEETING APPEARANCE CARDS Public Meeting Appearance Cards may be used by members of the public who do not wish to or cannot verbally address the Town Council during a meeting. A person may indicate such person's comments and support or opposition for an agenda item on a Public Meeting Appearance Card. During the Public Hearing regarding the item or prior to taking action on an item on the agenda, the Presiding Officer will indicate that the Town Council has received written comments from (name of persons) in support of the item, project, or issue and from (name of persons) in opposition. The minutes will reflect the Town Council's receipt of written comments in support or opposition of the item,project,or issue. 6.6 REPETITIOUS COMMENTS a. Speakers are discouraged from presenting the same or substantially the same items or arguments to the Council repeatedly for each item or be repetitious in presenting their oral comments. Nothing in the foregoing sentence precludes submission of comments to the Town Council in writing, for such action or non-action as the Council, in its discretion,may deem appropriate. b. In order to expedite matters and to avoid repetitious presentations, the designation 16 of a spokesperson is encouraged. Whenever any group of individuals wishes to address the Town Council on the same subject matter, those individuals are encouraged to designate a spokesperson to address the Town Council. 6.7 WAIVER OF RULES Any of the foregoing rules may be waived or suspended by a majority vote of the Council Members present when it is deemed appropriate,based upon the particular facts and circumstances involved. 6.8 NON-EXCLUSIVE RULES The rules set forth are not exclusive and do not limit the inherent power and general legal authority of the Town Council,or of its Presiding Officer,to govern the conduct of Town Council meetings as may be considered appropriate from time to time, or in particular circumstances, for purposes of orderly and effective conduct of the affairs of the Town. 7. COUNCIL MEMBER TRAINING AND PROFESSIONAL DEVELOPMENT 7.1 TOWN COUNCIL ORIENTATION The Town Manager will, in a timely manner, provide appropriate orientation services for new Council Members. Such services shall include,but not be limited to,the following: • Availability of Texas Municipal League conferences and seminars; • An individual meeting with new Council Members informing them about Town facilities and procedures; and • Printed documents and resource materials necessary to the performance of the office of Council Member. 7.2 TOWN COUNCIL TRAVEL, TRAINING, MEMBERSHIPS, AND CLOTHING ALLOCATION POLICY The annual allocation to the Mayor and Council Members(referred to collectively in these Town Council Rules of Procedure as the"Town Council") for travel, training, memberships, and clothing will be established in the approved budget. That budget will be allocated fourteen and three-tenths percent (14.3%) for each Council Member to utilize as necessary for Town-related purposes for the purchase of travel, training, memberships, and clothing (herein referred to collectively as "Eligible Expenses"). All Eligible Expenses will be reimbursed or paid from this allocation up to each members' individual budget allocations. Unused allocation will not roll forward to a future budget year. All Town financial policies related to training, travel, and purchases shall apply to the Town Council.The use of Eligible Expense allocations for the Town Council will be maintained, monitored,and tracked by the Town Secretary.A member may contribute from their allocation to another member by submitting an allocation transfer request to the Town Secretary who will 17 update the available allocations for each member accordingly. Town funds may only be used for Town-related purposes. For training and/or travel, members are required to submit a justification,which shall be reviewed and approved by the Town Manager. If a training/travel request is denied by the Town Manager,the member may appeal the decision to the Mayor. The Mayor's decision shall be final. If the Mayor's training/travel request is denied by the Town Manager, the appeal shall be made to the Mayor Pro Tern. Training opportunities include conferences hosted locally or in other cities/states and online educational seminars where the topic is applicable to the functions of Town government. Travel and training funds will not be used for credit classes at a college, university, or other institution designed to provide post-secondary degrees or training. The Town Council is encouraged to select training events from the following providers: • Texas Municipal League • National League of Cities • North Central Texas Council of Governments Additional travel expenditures for members chosen to represent the Town Council related to attending a special event or otherwise representing the Town shall be made only after having been placed on the agenda of a Town Council Meeting and acted upon by a favorable majority vote. 8. TOWN COUNCIL STAFF RELATIONS AND ADMINISTRATIVE SUPPORT 8.1 COMMUNICATION WITH STAFF The Town Council should contact Town employees through the Town Manager. Council Members should refrain from giving orders or direction to any subordinate of the Town Manager, either publicly or privately. Work assignments and policy direction should come from the Town Council and not from individual Council Members. Nothing herein shall be construed to limit the power of the Town Council to directly communicate(in writing or verbally),with those officers and employees directly appointed by the Town Council(Town Manager,Town Secretary,Town Attorney,and Municipal Court Judge). 8.2 AGENDA QUESTIONS a. Questions arising from Council Members after receiving the agenda should be presented to the Town Manager for staff consideration prior to the Town Council meeting. If additional information is requested, the information will be distributed to all Council Members. b. Any request for additional information shall be provided to the entire Town Council as expeditiously as possible prior to any meeting to ensure appropriate review. 18 c. The Town Manager shall designate appropriate staff to address each agenda item and shall see that it is adequately prepared and presented to the Town Council. 8.3 PROBLEM RESOLTION If the Town Manager's or staff's time is being dominated or misdirected by a Council Member or in any conflict arising between staff and Town Council,the Town Manager shall: a. Visit with the Council Member and discuss the problem and/or impact on Town Manager's or staffs time; b. If unresolved, ask the Mayor to facilitate a resolution to the issue; c. If still unresolved,ask the Mayor to present the concerns to the Town Council; d. If the unresolved issue is with the Mayor, ask the Mayor Pro Tem to facilitate a resolution to the issue; and e. If still unresolved, ask the Mayor Pro Tem to present the concerns to the Town Council. 8.4 STAFF CONDUCT The Town Manager is responsible for the professional and ethical behavior of the Town staff All staff members shall show each other,Town Council, and the public, respect and courtesy at all times. 8.5 MAIL All general mail will be opened, and date stamped and distributed to individual Council Members as identified herein. a. Letters Addressed to the Mayor and Town Council All letters addressed to the Mayor and Town Council requiring a response from staff will be copied to all Council Members with a note as to which staff person will be preparing a response for either the Mayor's or Town Manager's signature. A copy of the response, along with the original letter, will be provided to each Council Member. Letters addressed to the Mayor and Town Council that do not require a response but provide information on Town Council agenda items or like matters are copied to the full Town Council. b. Letters Addressed to Individual Council Members All letters addressed to individual Council Members requiring a response from staff are copied to all Council Members with a note as to which staff person will be preparing a response for either the identified Council Member's or Town Manager's signature. Copies of the responses, along with the original letters, are 19 provided to the full Town Council. Letters addressed to individual Council Members that do not require a response from staff but provide information on Town Council matters are copied to the full Town Council. Cards and other Council Member mail marked "personal" will not be opened and will not be copied to the full Town Council. These personal items will be placed in the Council Member's mail slot at Town Hall. 8.6 TOWN COUNCIL CORRESPONDENCE All Council Member correspondence prepared with Town resources (letterhead, typing, staff support, postage, etc.) will reflect the position of the full Town Council, not individual Council Member's positions. Personal Correspondence: Town Council Members will be provided individual stationery and envelopes to use for official communications reflecting their individual position as a Council Member. 8.7 CLERICAL SUPPORT The Town Secretary's Office will coordinate the typing of Town-related correspondence requested by individual Council Members. All correspondence typed for Council Members will be on Town letterhead and will reflect the position of the full Town Council and will be copied to the full Town Council. 8.8 TOWN COUNCIL EVENT COORDINATION a. Event Coordination The Town Secretary's Office will be responsible for coordinating Town Council attendance at public events, functions,and meetings. This includes: • Receiving notifications from Council Members regarding their attendance at upcoming events or functions. • Collecting event details such as location, time, and purpose, as well as tracking potential Council attendance. b. Council Member Notifications Council Members are encouraged to notify the Town Secretary's Office as soon as possible if they plan to attend any public event or function. This notification will allow the Town Secretary's Office to assess whether a quorum may be present and 20 ensure that Council attendance at public events/meetings complies with all legal requirements. 8.9 REQUESTS FOR RESEARCH OR INFORMATION The Mayor and Council Members may request information or research from the Town staff on a given topic through the Town Manager who will make all members of Council aware of the special request, as it may be of interest to them as well. Accordingly, the Town Manager will provide the results of the request to all members of Council. In the event the Town Manager believes he cannot respond in a timely manner or that the request will require extensive staff time and resources, the Town Manager may present the request to the full Town Council prior to proceeding. If approved, the Town Manager and the Town Council will coordinate a reasonable and responsible timeframe in which to expect the results without unduly interfering with other activities of higher priority. 8.10 TOWN COUNCIL NOTIFICATION OF SIGNIFICANT INCIDENTS In conjunction with the Town's public safety departments and the Public and Media Relations Director,the Town Manager's Office will coordinate the notification to the Town Council of major crime, fire or other disasters or incidents. 9. BOARDS AND COMMISSIONS 9.1 BOARD AND COMMISSION APPOINTMENTS/REMOVALS The Town Council Appointments Committee is established to interview applicants and make recommendations to the full Council regarding appointments to all Boards during the annual appointment process and during the year in the event of mid-year vacancies. The Committee will also review and make recommendations for any removals from the Town's Boards and Commissions as deemed necessary. a. Recruitment The annual recruitment period for Board positions with expiring terms and known vacancies will begin in June, and applications will be accepted through July,or as otherwise directed by the Town Council. In June of each year,the Town Secretary will: • Advertise that the Town is accepting applications for individuals to be considered for appointment to Boards.The notice will specify the vacancies for all Boards and provide details regarding the application procedure and the deadline for receipt of applications. Advertisements will be posted on the Town's website, marquees, weekly newsletter, through all Town- managed social media platforms, and on posters placed in the lobby of Town Hall. 21 • Notify incumbent Board members with expiring terms that their term is approaching.If the member is eligible and wishes to seek another term,they must reapply in the same manner as other applicants. b. Applicant Requirements Applicants for all "Town Boards" which includes, but is not limited to, Commissions, Corporations, Councils (excluding the Town Council), and/or Committee,must meet the following criteria prior to their appointment: • Be United States Citizens. • Be registered voters. • Be residents of the Town for at least six(6)months. • Town elected officials and persons appointed to fill vacancies on any elected Town governmental body may not serve on a Town Board in accordance with the Town Charter. • Consent to and meet the requirements of a background check. • Have not been removed from a previous board or commission. • While applicable technical or educational expertise related to the business of Town Boards is not required, it may be considered by the Appointments Committee and Town Council during the appointment process. c. Application Review/Appointments The Appointments Committee interviews applicants and makes recommendations to the full Council regarding appointments to all Boards and Commissions. Interviews are typically conducted in July and August,with appointments made in September and terms beginning on October 1. The Committee also considers applicants during the year in the event of mid-year vacancies. The Council stives to provide opportunities for as many interested residents as possible to serve on Town Boards. However, if the number of open seats exceeds the number of qualified applicants, the Council may allow a person to serve on more than one Board. Town Council may act to replace a current member who is serving on more than one Board prior to the end the member's term,provided there is an adequate number of qualified applicants. At the conclusion of the interview process, the Committee shall prepare a report with its recommended slate of nominees for each Board appointment. The report 22 shall be submitted to the Town Council for discussion and consideration,preferably in September,but not later than the first meeting in October. d. Removal At the request of the Town Manager,Town Secretary,Board/Commission Chair,or any two (2) members of the Town Council, the Committee will review any circumstances such as misconduct, absenteeism, or ineligibility of a Town Board member. The Committee will thoroughly investigate the situation considering all facts, evidence, and viewpoints. If after careful deliberation, a majority of the Committee votes in favor of removal, a formal written report recommending removal will be submitted to the Town Council, with a copy of the report sent to the Town Board member and the applicable Town Board chair. If the Town Board member, does not certify in writing the Town Board member's resignation from the Town Board, the Town Council will review and consider the recommendation in a scheduled meeting, allowing the Board member to respond, and then vote on the final decision. 9.2 BOARD,COMMITTEE,AND COMMISSION TRAINING a. Members of any Town Board shall complete Town-sponsored open government training within ninety (90) days of their appointment to a Town Board. Such training may be completed either by attending a live training session offered by the Town,or by watching a video provided by the Town. b. The training required by this section is in addition to any training a member of a Town Board may be required to complete pursuant to Texas Gov't Code Chapters 551 or 552,or other applicable law. c. Failure of a Town Board member to complete the training required by this section, within the time frame prescribed by this section, may be considered grounds for removal. 9.3 CREATION OF AD HOC COMMITTEE/TASK FORCE a. The Town Council may create an Ad Hoc Committee/Task Force to assist the Town Council in its business. b. The Ad Hoc Committee/Task Force shall be established by a Town Council resolution or ordinance for a specific purpose that expires upon the completion of its assigned task(s)or according to a specified deadline. c. Any existing ad-hoc committee or any other subgroup not created or required by resolution or ordinance shall cease to exist upon adoption of this policy. 23 10. PROCEDURES ADMINISTRATION 10.1 BIENNIAL REVIEW OF TOWN COUNCIL RULES OF PROCEDURE The Town Council will review and revise, if deemed necessary, the Town Council Rules of Procedure as needed, and at a minimum, every two(2)years. 10.2 ADHERENCE TO PROCEDURES During Town Council discussions,deliberations and proceedings,the Presiding Officer has been delegated the primary responsibility to ensure that the Town Council, staff and members of the public adhere to the Council's adopted Rules of Procedure. 10.3 TOWN ATTORNEY AS PROCEDURE ADVISOR The Town Attorney assists the Mayor and Town Council as a resource and as an advisor for interpreting the Town Council's adopted Rules of Procedure. 10.4 APPLICABILITY OF RULES OF PROCEDURE The Town Council Rules of Procedure shall also apply to the Town Council when sitting as other appointed entities or agencies. The role of Mayor and Mayor Pro Tem shall be interchangeable with the Chair and Vice Chair,or President and Vice President when sitting as another entity. 24