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RES 2015-06TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2015-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2012-08, RESOLUTION NO. 2013-15 AND RESOLUTION NO. 2014-33 ADOPTING AND AMENDING THE MUNICIPALITY OF TROPHY CLUB HANDBOOK FOR ELECTED AND APPOINTED OFFICIALS AND ADOPTING A NEW MUNICIPALITY OF TROPHY CLUB HANDBOOK FOR ELECTED AND APPOINTED OFFICIALS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town benefits by having its citizens involved in local government through service on Town Boards and Commissions and has established several boards and commissions that perform various functions for the Town; and WHEREAS, the Town initially adopted the Municipality of Trophy Club Handbook for Elected and Appointed Officials" (hereinafter "Handbook") to establish guidelines and procedures for Town Boards, Commissions and Corporations and to ensure uniform treatment of all persons applying for and serving on those bodies; and WHEREAS, the guidelines established in the Handbook are in addition to those requirements imposed by the Texas Open Meetings Act and other applicable state law; and WHEREAS, since enacting Resolution No. 2012-08 and its amending Resolutions 2013-15 and 2014-33, the Town Council has determined it to be in the best interests of the Town to review the Handbook in its entirety and has determined it necessary and appropriate to make various amendments to the Handbook to allow a more efficient and inclusive system of operating Boards, Commissions, and Corporations; and WHEREAS, the passage of this Resolution repeals Resolution No. 2012-08, Resolution No. 2013-15 and Resolution No. 2014-33, and all other conflicting Resolutions adopting or amending the Handbook and adopts a new Handbook which has been determined by the Council to be beneficial to the Town and its residents and to serve the public welfare. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the foregoing recitals are adopted and incorporated herein as findings. Section 2. That the Town Council hereby repeals Resolution No. 2012-08, Resolution No. 2013-15 and Resolution No. 2014-33 and all other conflicting Resolutions adopting or amending the Handbook and hereby adopts the new "Municipality of Trophy Club Handbook for Elected and Appointed Officials", a true and correct copy of the new Handbook being attached hereto and incorporated herein as Exhibit "A". Section 3. That this Resolution shall become effective upon its passage, and that upon passage of this Resolution, the Handbook (Exhibit "A") shall become effective. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 24th day of February, 2015. C. Nick Sander , Mayor Town of Trophy Club, Texas [SEAL] ATTEST: "�U-ILMO��L SOF TAOp�'1- O c olly Fimpr s, Town Secretary F - Town of Trophy Club, Texas APPROVED TO AS FORM: tc-0-i Patricia A. Adams , Town Attorney Town of Trophy Club, Texas RES 2015-06 EXHIBIT A Municipality of Trophy Club Handbook for Elected and Appointed Officials MUNICIPALITY OF TROPHY CLUB Handbook for Elected and Appointed Officials C TOWN OF TROPHY CLUB MUNICIPALITY OF TROPHY CLUB Handbook for Elected and Appointed Officials EFFECTIVE DATE: 02-24-2015 REVISION DATE: 02-24-2015 (Resolution No. 2015-06) This Handbook is applicable to all paid, non -paid and voluntary positions and seats to include; Town Council, Boards, Commissions, and Corporations. I acknowledge receiving and agree to comply with the policies set forth in the Handbook for Elected and Appointed Officials. Elected/Appointed Official Signature Elected/Appointed Official Printed Name Date Board/Commission/Corporation Serving Return this page to the Town Secretary and attach the Texas Open Government Training Certificates where applicable. RES 2015-06 4 Introduction In order to be "A Great Place to Call Home," the Town of Trophy Club encourages and is indebted to our dedicated citizens who serve on Boards, Commissions, and Corporations. In accordance with Section 4.16 of the Town Charter, the citizens who serve do so without compensation. They are appointed to serve after indicating their interest through the application process, and they serve at the discretion of the Town Council. Generally, members of each Board, Commission or Corporation are charged with researching pertinent projects and with making recommendations to the Town Council. Members serve in an advisory capacity. The single exception is the Zoning Board of Adjustment, which has some quasi-judicial duties. The exact duties and requirements of each Board, Commission or Corporation can be found in the ordinance establishing that specific body and/or applicable enabling statute. Each Board, Commission, and Corporation consists of members, a Chair/President, a Town Staff Liaison and a Council Liaison if one is appointed by the Council. Applicant Requirement for Boards, Commissions, or Corporations Applicants for Boards, Commissions, or Corporations must be United States Citizens and registered voters prior to their appointment and must also be Trophy Club residents for at least six (6) months prior to their appointment. Based upon good cause shown, Council may waive the voter registration and/or length of residency requirement for a person appointed to a Board, Commission, or Corporation, except where restricted by State law. Neither Town elected officials, nor persons appointed to fill vacancies on any elected Town governmental body may serve on a Town Board, Commission, or Corporation, per Town Charter. The technical expertise of applicants shall be a consideration in gaining appointment. Residency Requirement/Temporary Change in Residency Status In addition to the residency requirement for citizens making application to serve on Town Boards, Commissions, and Corporations, a person serving as a member must reside within the Town of Trophy Club during his or her term of service in order to continue serving. However, if during the term of appointment or during the time frame for reapplication, the residency status of a then current member of a Board, Commission or Corporation temporarily changes for a period of no more than six (6) months, the member may request that the Council review his/her specific circumstances affecting residency. If the temporary change in residency status does not disqualify a member of a Board, Commission, or Corporation from continuing to serve either because of a Charter or state law requirement for service on his/her respective Board, Commission, or Corporation, the Council may authorize the continued service or reappointment of the member until such time as the member returns to permanent residency status. RES 2015-06 5 Posting Process The Town Secretary will ensure that annual appointments for Boards, Commissions, and Corporations are posted in the month of June: • Announced in the Town Newsletter • Posted on the marquees • Posted on the Town's Web page at: www.trophyclub.org • Posted to Town -managed social media sites at: www.facebook.com/TrophvClubGov and www.twitter.com/TrophvClubGov The Town Secretary will also notify each member whose term is expiring that they must resubmit the Board, Commission and Corporation Application. Application Process for Annual Appointments Applications will be accepted each year in July or within a time frame as otherwise directed by Town Council. A received application will be considered active for one year following the date of receipt, provided it meets all previously stated requirements. Applications are available in the Town office and online at the Town's website. The completed application shall be submitted to the Town Secretary and forwarded as soon as possible to the Town Council Appointments Committee and ex -officio members, all additional members of the Town Council, the Chair/President of the respective Board, Commission, or Corporation, and the Staff Liaison. Town Council Appointments Committee At the first Town Council meeting in June, the Council shall establish a Town Council Appointments Committee tasked with making recommendations to the full Council regarding appointments to all Boards, Commissions, and Corporations (hereinafter "Appointments Committee"). The Appointments Committee shall be comprised of the Mayor and two (2) Council members, and the Committee shall have the discretion to add additional non-voting ex - officio members to the Committee as determined appropriate. Interview Process — Appointments Committee Interviews shall be conducted by the Appointments Committee after the close of each application period. Staff Liaisons shall be responsible for scheduling interviews for each candidate who submits an application for their respective Board, Commission, or Corporation. Typically these interviews will be held at a regular interval as determined by the Appointments Committee. In the event of scheduling conflicts or workload demands, alternate dates may be selected. Group interviews are conducted for most vacancies. However, individual interviews may be conducted for certain positions at the request of the Appointments Committee. After conducting interviews, the Appointments Committee shall provide its recommendations relating to nominations for appointment to the Town Manager preceding the Council meeting RES 2015-06 6 at which such appointments are to be considered. Appointments generally will be made by resolution at the second (2nd) Town Council meeting of the month. The Appointments Committee and Council will not evaluate applicants on the basis of race, color, religion, sex, national origin, ethnic group, age, or disability. Recommendations for appointment to a Board, Commission or Corporation will not be made based on stereotypes or assumptions about the abilities or traits of individuals of a certain race, color, religion, sex, national origin, ethnic group, or age, or individuals with disabilities. Mid -Term Vacancy / Resignations When a Board, Commission, or Corporation member resigns mid-term, a written notice of resignation shall be submitted to that body's Chair/President. The Chair/President shall forward the notice to the Staff Liaison who shall then forward the notice to the Town Secretary and Town Council. Upon receiving notice of vacancy, the Town Secretary shall initiate the application process in accordance with the Posting Process set forth above, and interviews shall be conducted in accordance with the Interview Process as set forth above. Members appointed to fill vacancies shall be appointed to serve out the remainder of a predecessor's term. Council may directly appoint an applicant whose application is previously on file under the established application process provided that the applicant is still willing to serve on the Board, Commission or Corporation that he/she applied for without the requirement of an additional interview. Removal Members of Boards, Commissions and Corporations serve at the discretion of the Town Council and may therefore be removed at the sole discretion of Council at any time. Appointments Process Terms of office for Board, Commission, and Corporation members shall begin in October unless Town Council extends the time period for the application process or otherwise determines it appropriate to alter the annual appointment schedule. Term Lengths Term lengths are set forth in the ordinance establishing the Board, Commission, or Corporation and/or applicable enabling statutes. Terms are staggered, with the Council making annual appointments to replace members whose regular terms expire in any given year. Compensation Members appointed to a body by the Town Council shall serve without compensation; provided however, that they shall be entitled to reimbursement of any necessary expenses incurred in the performance of their official duties, when approved by Council or its' designee. RES 2015-06 7 Maximum number of Appointments It is the goal of the Council to afford the opportunity to serve on Town Boards, Commissions and Corporations to as many interested residents as possible; however, if the number of open Board, Commission, or Corporation seats exceeds the number of qualified applicants, the Council may allow a person to serve on more than one (1) Board, Commission, or Corporation. In the event that the number of qualified applicants exceeds the number of open Board, Commission, or Corporation seats, it is the goal of the Council to first appoint those qualified applicants not already serving before taking action to appoint an applicant who is already serving on a Town Board, Commission, or Corporation. Council may act to replace a current member who is serving on more than one Board, Commission or Corporation prior to the end of his or her term, provided there is an adequate number of qualified applicants. Open Government Training Elected and appointed public officials are required by State law to receive training in Texas open government laws. The Office of the Attorney General offers free video training courses, which were developed to ensure that all elected and appointed government officials, have a good command of both open records and open meetings laws. Each elected or appointed official who is a member of a governmental body subject to the Open Meetings Act or the Public Information Act must attend training. Additionally, employees who serve as a governmental body's designated public information coordinator are required to complete the Public Information Act training course. Officials who are elected or appointed shall complete the required open government training within ninety (90) days after taking elected office or after appointment. Staff Liaisons from the individual groups requiring the training shall be responsible to ensure that all members of their group receive the training. Training CDs are available in the Town Secretary's office. Certificates of completion must be maintained by the member's governmental body and made available for public inspection upon request. The original Certificate shall be forwarded to the Town Secretary to be kept in permanent records. More information on Open Government may be obtained online at the Texas Attorney General's Office. (http://www.oag.state.tx.us) Nepotism Members of an Economic Development Corporation, Zoning Board of Adjustment or Planning and Zoning Commission cannot be related to a Council member. For all other Boards, Commissions, and Corporations, the following rules shall apply: 1. A Board, Commission, or Corporation Chair/President cannot be a relative of the Mayor or of a Council Member; and 2. No more than one (1) member on any given Board, Commission, or Corporation may be a relative of a Council Member. A person is a relative if he/she is related in the first degree by consanguinity (blood) or by affinity (marriage). RES 2015-06 8 Guidelines for Members All members of Boards, Commissions, and Corporations have specific duties and responsibilities. All members of Boards, Commissions, and Corporations are expected to participate in formal and informal training sessions. Many Boards, Commissions, and Corporations deal with technical issues that can require a foundation of certain knowledge that must be updated from time to time. The Town will provide reasonable opportunities for members to acquire and keep current in these training efforts. Members are expected to participate. Regular attendance Effectiveness as a member requires regular attendance. Should a member of a Board, Commission, or Corporation fail to attend three consecutive regular meetings without being excused by the Board, Commission, or Corporation, the Council may declare that member's appointment forfeited. A member who is unable to attend a meeting shall notify the Staff Liaison of his/her inability to attend the meeting and shall provide an explanation of the conflict or other reason that prevents his/her attendance. Notice to the Staff Liaison shall be provided as soon as practicable after the member becomes aware of the impending absence. It is particularly important that all members attend briefing sessions and work sessions prior to formal meetings to promote effective and efficient meetings. If a member finds difficulty in maintaining regular attendance, it is suggested that the member consider whether they have sufficient time to be an effective member. It is the responsibility of a member in this position to initiate a discussion with the Chair/President or Staff Liaison about attendance. The Chair/President of the Board, Commission, or Corporation is to maintain a charted attendance record for all members. If attendance becomes an issue, the Staff Liaison will attempt to secure a written resignation. The Staff Liaison is responsible for submitting periodic reports to the Town Council on behalf of the Board, Commission, or Corporation noting progress and members' attendance. Avoidance of contacts and individual discussions It is not uncommon for applicants, opponents, or their representatives to approach individual members to solicit support or disapproval of a pending issue. These individual contacts shall be declined by members of the Zoning Board of Adjustment and by members of the Ethics Commission. Requests for sponsorships/donations/agreements with vendors Unless acting jointly with a Staff Liaison pursuant to the direction of their respective Board, Commission, or Corporation, members do not have the authority to seek donations, to make agreements with vendors, or to give the impression that they are acting as an agent for the RES 2015-06 9 Town. Furthermore, Board, Commission and Corporation members are not permitted to obligate any Town funds or enter into any agreements without prior written approval of the Town Manager or the Manager's designee. All actions requiring the obligation or expenditure of funds shall be in accordance with the applicable approved budget. Ethics All members of the Town Council, Boards, Commissions, and Corporations shall be familiar with the requirements of the Town's Ethics ordinance. Effective Meetings All members of Boards, Commissions and Corporations should familiarize themselves with the elements of a successful meeting. These include: • Having a purpose for the meeting; • Giving adequate notice; • Posting public notice when required; • Preparing for the meeting in advance; • Preparing an agenda; • Allowing for appropriate participation from all parties; • Selecting an appropriate meeting place; • Determining the outcome or results of the meeting; • Keeping an accurate record of all proceedings; and • Keeping discussion focused on items listed on the agenda. Members should avoid common mistakes that can make meetings unproductive, including but not limited to: • Lack of control at the meeting, appearing unfair, being unable to bring issues to a vote and wasting people's time. The Staff Liaison and all members are responsible for compliance with the Texas Open Meetings law. Meetings of all Boards, Commissions and Corporations are open to the public. All meetings shall be held in such a fashion that all participants have assigned seating with clearly visible nameplates. Board Members must take care to speak into the microphone at all times while in session. If a meeting is recorded with only audio and no video, each person must identify themselves prior to speaking. Prior to initiating a closed or "Executive Session," the Staff Liaison and Chair/President shall receive approval from the Town Attorney. Prior to any meeting, the Chair/President and Staff Liaison shall prepare an agenda describing actions to be taken by the group. The agenda shall be prepared in a format approved by the Town Attorney and shall be posted in compliance with State law. The Chair/President shall allocate sufficient time for both applicants and opponents of an issue to present their information. Regardless of whether an agenda item is listed as a public hearing item or not, members of the public shall be given a reasonable opportunity to present their information and opinions. The Chair/President must allocate and manage the time to be allotted and shall use discretion based upon the agenda, the Council Rules of Procedure and other factors; provided however, that the Chair/President shall have the discretion to allow RES 2015-06 10 additional time without objection by a majority of the Board, Commission or Corporation. The Chair/President shall endeavor to see that all persons attending or participating in meetings are treated with respect and dignity. All members must refrain from prejudicial or stereotypical comments. All members must refrain from questioning that takes the form of "badgering" or "debating" with those providing testimony/comment. All members need to be cautious of publicly representing their positions beyond the scope of the business at hand. The official position of the Town shall be represented only by Town staff, as established by the Town Council. Conduct in meetings Board, Commission, and Corporation members should act in a professional manner. If a resident presents a complaint to the Board, Commission, or Corporation at a meeting the information should be taken and referred to Staff to reply to the resident. Rules of Decorum Meetings of all Boards, Commissions, and Corporations shall be conducted in accordance with adopted Town Council Rules of Procedure. PARLIAMENTARY MOTIONS AND PRECEDENCE Requires 2nd Debatable Amendable A Majority Vote of Those Present 1. To adjourn Yes No No Yes 2. To take a recess Yes No Yes Yes 3. To commit, refer, or recommit to committee Yes Yes Yes Yes 4. To amend Yes Yes Yes Yes 5. To amend an amendment Yes Yes No Yes 6. To postpone indefinitely Yes Yes No Yes 7. To table Yes No No Yes 8. Calling the question No No No 2/3 9. Objecting to consideration of a question No No No 2/3 Responsibilities of the Chair/President Each Board, Commission, or Corporation shall have a Chair/President. A Board, Commission, or Corporation at the Council's discretion, may be asked to make a recommendation for a Chair/President with the final determination left to the Council. The Chair/President should have some experience as a member of the group. The Planning and Zoning Commission's Chair will be determined entirely by the Council. The Chair/President must act as the "leader" and take responsibility for the group's efficient and meaningful operation. The Chair/President must ensure that roles are clearly spelled out, meetings are efficiently conducted and necessary information is readily available, which helps create a good working environment. RES 2015-06 11 Appointment of a Chair/President The Council will have final determination on the appointment of a Chair/President for each Board, Commission and Corporation. Following the appointment of a new Chair/President, the Mayor or his or her designee and a Staff Liaison will arrange a meeting with the new Chair/President to review this Handbook and share ideas on how to run an effective meeting. The Chair/President should manage the meeting to ensure that: • A few members do not monopolize discussion or questions; • Appropriate time is taken for presentation and discussion; • Dialogue and interactions are maintained in a courteous and professional Manner; • Minutes of each Board, Commission, and Corporation meeting are taken and maintained by the Staff Liaison; • Staff and members treat each other with mutual respect at all times, • Discussion is limited to those items on the agenda. However, the Chair/President or Staff Liaison may place any item on a future agenda for discussion; • All Board, Commission, and Corporation meetings shall be recorded as required by the Texas Open Meetings Act. The Chair/President must ensure that effective communication exists between Board, Commission, Corporation, Council, Staff and the public. This requires frequent interaction with the Staff Liaison and Council Liaison to the Board, Commission, or Corporation. The Town Manager is responsible for ensuring that that the Staff Liaison is efficient in providing requested technical assistance and information to members. This includes helping to develop appropriate rules and procedures for the group in order to complete its duties. It also requires preparation of proper meeting notices and agendas, gathering and relaying pertinent information in a timely fashion to members and providing support at meetings. If the Staff Liaison is not effectively operating in this manner, the Chair/President should first discuss the issue with the Town Manager. If satisfactory results are not achieved, the Chair/President should next contact the Mayor and Council Liaison to the Board, Commission or Corporation if a Council Liaison has been named. It is the responsibility of the Chair/President to be mindful of the attendance, actions and activities of individual members, as well as to discuss with these members any deviations from the rules. The Chair/President shall be responsible for communicating to the Staff Liaison any requests to be placed on the Town Council agenda for consideration. The Chair/President and Staff Liaison shall define the scope, objectives and criteria for completion of any project to be undertaken by the group that has not been referred directly from Council. This should be done prior to the initiation of all projects. For items referred to a Board, Commission or Corporation by Council, it is the responsibility of the Chair/President and Staff Liaison to see that proceedings of the Board, Commission or Corporation fulfill the direction provided by Council in whole and in a timely manner, with appropriate information RES 2015-06 12 and context. Prior to a Board, Commission or Corporation undertaking any project or initiative that requires the expenditure of funds, other than those authorized in the approved Town budget, such initiative or project shall be submitted to the Staff Liaison for action by the Town Manager. Responsibilities of the Staff Liaison A member of the Town staff will be assigned to each Board, Commission, or Corporation. The Staff Liaison shall not assume the responsibility or task of the group. Rather, the Staff Liaison shall provide information that group members need to perform their obligations. The Staff Liaison shall also serve as a communication link between members of the group and the Town staff. The Staff Liaison shall be responsible for making periodic reports to the Town Council regarding the activities of his/her Board, Commission or Corporation. The Staff Liaison, when appropriate and in accordance with the Texas Open Meetings Act, shall place an item on the agenda for his/her designated Board, Commission or Corporation to allow the Council Liaison to provide an update regarding the actions, direction and input of the Town Council. Responsibilities of the Council Liaison and Council members A member of the Town Council may be assigned as liaison to each Board, Commission, or Corporation. The Council Liaison shall not assume the responsibility or task of the assigned body. The Council Liaison shall serve as a communication link between the Board, Commission or Corporation and the Town Council. The Council Liaison shall make periodic reports to the Town Council regarding the activities of their assigned Board, Commission or Corporation. In order to maintain appropriate separation of responsibilities between Council and boards, Council Liaisons and Council members are expected to exercise restraint in providing input to boards, but if they choose to do so, shall clearly and definitively state that they are providing input as an individual and do not represent the Council as a body in any way. Council members may freely speak before any Board, Commission or Committee on behalf of their own personal interest and concerns; in which case, they shall publicly state the nature of their interest and/or concern and that they are appearing only in their private capacity. The Council Liaison should communicate with the Chair/President throughout the year to ensure Boards, Commissions and Corporations focus on their missions and roles and to stay abreast of board activities. Council Liaisons should be accessible to Board, Commission and Corporation Chairs/Presidents to offer feedback and guidance. Council members and Council Liaisons may address a Board, Commission or Corporation and express his or her individual opinion when that Board, Commission or Corporation is addressing a matter that personally impacts the Council Liaison or his or her personal property or interests; however, all other statements made by Council members or Council Liaisons shall reflect the opinion, advice or direction of a majority of the Town Council. RES 2015-06 13