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RES 2008-22TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2008-22 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2006-29 ADOPTING A BOARD, COMMISSION, COMMITTEE AND CITIZEN ADVISORY GROUP HANDBOOK BY AMENDING THE SECTION ENTITLED "APPLICANT REQUIREMENT FOR BOARDS OR COMMISSIONS" TO ALLOW A WAIVER REGARDING THE MINIMUM SIX MONTH RESIDENCY REQUIREMENT AS AN ELIGIBILITY PREREQUISITE FOR SERVICE ON A BOARD, COMMISSION OR COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town benefits by having its citizens involved in local government through service on Town Boards, Commissions and Citizen Advisory Groups and has established several boards, commissions and citizen advisory groups that perform various functions for the Town; and WHEREAS, on December 18, 2007, the Town Council approved Resolution No. 2006-29 which adopted the "Handbook for Elected and Appointed Officials" regulating the conduct of Volunteers assisting with Special Event functions, Citizens Advisory Groups, Committees, Commissions and Boards; and . WHEREAS, the guidelines established in the "Municipality of Trophy Club Handbook for Elected and Appointed Officials" (hereinafter "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. 2006-29, the Town Council has modified the Ethics and Conduct section of the Handbook by the adoption of Resolution No. 2007-10; and WHEREAS, the Town Council determines it to be in the best interests of the Town to further amend Resolution No. 2006-29 to allow all qualified residents to be considered for public service on boards, commissions and committees regardless of the length of time that those residents have lived within the Town and therefore determines thatthe Handbook should be amended to allow the Town Council to waive the minimum six month residency requirement as an eligibility prerequisite for public service. 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 in order to allow the Town Council the opportunity to consider and appoint qualified residents desiring to become involved in public service, it is in the best interest of the Town of Trophy ClUb, Texas, to amend the section of the Handbook entitled "Applicant Requirement for Boards or Commissions" by allowing the Town Council to waive the minimum six month residency requirement as an eligibility prerequisite for service on a board, commission or committee. Section 3. That the Town of Trophy Club, Texas, authorizes the adoption of this Resolution amending Resolution No. 2006-29 adopting the "Municipality of Trophy Club Handbook for Elected and Appointed Officials" as previously amended by Resolution No. 2007­ 20; a true and correct copy of the revised Handbook being attached hereto and incorporated herein as Exhibit "A". Section 4. That this Resolution shall become effective September 15, 2008. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 15th day of September, 2008. ~~~ Nick Sanders, Mayor Town of Trophy Club, Texas APPROVED AS TO FORM: ~}~ o;r;Attorney Town of Trophy Club, Texas , MUNICIPALITY OF TROPHY CLUB Handbook for Elected and Appointed Officials EFFECTIVE DATE: 12/18/2007 REVISION DATE/NO: 10/1/2008-3 (Resolution 2008-22 approved on September 15, 2008) This Handbook is applicable to all paid, non-paid and voluntary positions and seats to include; Volunteers assisting with Special Event functions, Citizens Advisory Groups, Committees, Commissions and Boards. I acknowledge receiving and agree to comply with the policies set forth in the Handbook for Elected and Appointed Officials. __________________________________________ _________ Elected/Appointed Official Signature Date Return this page to the Town Secretary attached the Texas Open Government Training Certificates where applicable. 1 Introduction In order to achieve its goals, The Town of Trophy Club needs the support of dedicated citizens who volunteer to serve on boards, commissions and citizen advisory groups. The Town encourages and appreciates citizens with diversity of ideas and backgrounds to serve as volunteers. In accordance of 3.08(e) and 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 proper application process, and the boards and commissions serve at the discretion of the Town Council. Citizen advisory groups serve at the discretion of the Staff Administrator for that group. Generally, members of each board, commission or citizen advisory group 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 and commission can be found in the section of this handbook pertaining to that specific group. The structure of each board and commission consists of members, a Chair/President and a Town Staff Liaison. An Advisory Group has a Town Staff Administrator. Boards and Commissions At present, the Town of Trophy Club has six appointed boards: Economic Development Corporation A, Economic Development Corporation B, Zoning Board of Adjustment, Tree Board, Park Board and the Planning and Zoning Commission. Economic Development Corporations The Town has two economic development corporations. Each of these groups submits an annual budget to the Council regarding the distribution of funds collected from sales tax designated by voters to be used for economic development and park improvement. If economic development corporations want to include a new project not listed on the approved budget, then the economic development corporation will make recommendations to the Council for approval. The economic development corporations cannot take action unless a quorum is present. A quorum is a majority of the voting members of any group. If a group has six voting members at least four members must be present in order for action to be taken. Minutes of all meetings will be taken by the Staff Liaison. 2 The Zoning Board of Adjustment (ZBA) The ZBA is a body that approves special exceptions to the Comprehensive Zoning Ordinance (CZO) consistent with the general purpose and intent of the CZO and in accordance with any state law and applicable rules contained in the Ordinance. When acting in this capacity the ZBA is quasi-judicial. Appeal of a ZBA decision is to a district court. The ZBA has five (5) regular members and four (4) alternate members serving two-year terms. Four of five voting members (regular or alternate) must be present to conduct business. No agenda item may be approved unless four positive votes are cast. Minutes of all meetings will be taken by the Staff Liaison. Tree Board The Tree Board exists to care for the trees in our beautiful Town. The board is a group of concerned volunteers charged by ordinance with developing and administering a comprehensive tree management program. The board focuses on trees in public areas such as parks and medians. Methodology • enforcement of tree ordinance • educational opportunities for citizens • development of comprehensive tree management program • Arbor Day to celebrate the importance of trees Projects • Arbor day planning and education • Wildflower planting • Comprehensive tree care and management program • Tree Brochure to provide recommended species, planting and care tips • Tree Town USA - qualification and application to be completed annually The Tree Board meets six to eight times a year, as needed. Announcements will be posted to the Town calendar. Minutes of all meetings will be taken by the Staff Liaison. 3 Park Board The Board exists to allow residents to play a more active role and to provide direct citizen input to the Parks and Recreation Director for the development of parks and recreational facilities with the Town. Methodology • advisory capacity to Town Council • advisory capacity to Parks and Recreation Director • study and development of recreation areas • advise and recommend the development of long-range capital improvement programs • cooperate with other governmental agencies, civic organizations and all citizens of the Town in the advancement of sound parks and recreation planning and programming • recommend to Town Council amendments to the Parks and Recreation Ordinance • annual reports to Town Council • review and recommend proposed budget for the parks and recreation department • adopt and recommend additional rules to Council as necessary Projects • recommend standards for areas, facilities, programs and financial support • review the master planning guide and become familiar with such plan • solicit grants • develop and recommend written policies and procedures to Town Council Planning and Zoning Commission The Town currently has one commission; the Planning and Zoning Commission plans and makes recommendations to the Town Council for the orderly growth, development and welfare of the Town. A commission may not take action unless a quorum is present. A quorum is a majority of the voting members of any group. If a group has six voting members, at least four members must be present in order for action to be taken. Minutes of all meetings will be taken by the Staff Liaison. 4 Applicant Requirement for Boards or Commissions Applicants for boards or commissions must be registered voters and residents for six months. Board and Commission members must be Trophy Club residents for at least six months as well as registered voters 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 Citizen Advisory Group. The technical expertise of applicants may be a consideration in gaining appointment. Vacancy Posting, Application, Interview and Appointment Process The following is the Vacancy Posting, Application, Interview and Appointment process for Economic Development Corporation A, Economic Development Corporation B, Zoning Board of Adjustment, Tree Board, Planning and Zoning Commission and the Parks and Recreation Board. Posting Process The Town Secretary will ensure that annual appointments for Boards & Commissions are posted in the month of June: • Announced in the Town Newsletter, a newspaper published by the Town • Posted on the marquees on Trophy Club Drive, Trophy Lake Drive and Trophy Wood Drive • Posted on cable’s public information Channel • Posted on the Town’s Web page at: www.ci.trophyclub.tx.us The Town Secretary will also notify each member, whose term is expiring, requesting that they complete a Request for Reappointment Form and return by the prescribed time. Application Process for Annual Appointments Applications will be accepted each year in July. Members seeking reappointment must submit their desire in writing to the Town Secretary and Town residents who are interested in a position may request an application at the Town office. The completed application shall be submitted to the Town Secretary to be forwarded to the board and/or commission Staff Liaison. Interview Process Interviews will occur each year in August. 5 Staff Liaisons will be responsible for scheduling interviews for each candidate who submits an application for their respective board and/or commission. The board and/or commission Chairman will make their group’s recommendation to Council for appointment. The recommendation from the board is advisory, and Council shall make the final determination regarding appointment. When possible, the board and/or commission’s recommendations will exceed the number of open seats to allow the Council to make appointments to fill vacancies due to resignations within that current year. Mid-Term Vacancy When a member of a board or commission resigns midterm, the Staff Liaison will obtain a letter of resignation from the member and will forward to the Town Secretary. In cases where applications exceeding the number of open seats were received during the Annual Appointment process, applicants who were not appointed during the annual appointment process will be considered first. The Town Secretary will confirm those applicants’ continued interest and then forward the previously submitted application to the Town Council for review and consideration for appointment. In cases where applications did not exceed the number of open seats during the Annual Appointment process the vacancy will be posted. The Town Secretary will ensure that the vacancy is posted: • on the marquees on Trophy Club Drive, Trophy Lake Drive and Trophy Wood Drive for a period of at least 3 days, or as time allows; • on cable’s public information channel for a period of two weeks; and • on the Town’s web page at: www.ci.trophyclub.tx.us, for a period of two weeks. Members appointed to fill vacancies serve out the remainder of a predecessor’s term. Appointments Process Council Appointments will occur each year in September for the new terms to begin in October. Term Lengths Members serve two-year terms on Economic Development Corporation A, Economic Development Corporation B, Zoning Board of Adjustment, Tree Board and the Planning and Zoning Commission. 6 Members serve three-year terms on the Park Board. Terms are staggered, with the Council making annual appointments to replace members whose regular terms expire in any given year. Maximum number of Appointments A person may hold a maximum of two board or commission seats at any one time. Open Government Training Effective January 1, 2006, elected and appointed public officials are required by a new state law to receive training in Texas open government laws. The Office of the Attorney General offers free video training courses, which were developed in compliance with a mandate from the 79th Texas Legislature. The Attorney General established the formal training necessary 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 in office before January 1, 2006 have one year until January 1, 2007 to complete the required training. Officials who are elected or appointed after January 1, 2006 have 90 days within which to complete the required training. Staff Liaisons from the individual groups requiring the training will be responsible to ensure that all members of their group receive the training. Training CDs are available in the Town Secretary’s office or may be obtained online at: http://www.oag.state.tx.us/media/videos/play.php?image=2005openrecords&id=150 Certificates of completion must be maintained by the member's governmental body and made available for public inspection upon request. The member must confirm that they have received the training, by completing the appropriate certificate of completion, witnessed by the Staff Liaison. Once signed, the original Certificate is forwarded to the Town Secretary to be kept in permanent records. More information on Open Government maybe obtained online at the Texas Attorney General’s Office. (http://www.oag.state.tx.us) 7 Nepotism A board or commission Chair/President cannot be a relative of the Mayor or of a Council Member. On any given Board and/or Commission, only one member can 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). Members of the Economic Development Corporation, Zoning Board of Adjustment or Planning and Zoning Commission cannot be related to a Council member. Guidelines for Members All members of boards and/or commissions have specific duties and responsibilities. All members of boards and/or commissions are expected to participate in formal and informal training sessions. Many boards and commissions 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 and/or commission fail to attend three consecutive regular meetings without being excused by the board and/or commission, his/her office may be declared forfeited by that board and/or commission. 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 that he/she will be absent. It is particularly important that all members attend briefing sessions and work sessions prior to formal meetings so as to promote effective and efficient meetings. If a member finds difficulty in maintaining regular attendance, it is suggested that the member consider whether he/she has 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 Chairman of the board and/or commission 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. 8 The Staff Liaison is responsible for submitting periodic reports to the Town Council on behalf of the board and/or commission 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 should be avoided. It is the policy of the Town that all members of a board and/or commission deserve equal access to all information and that any statement relevant to an issue should be made in an open meeting for the benefit of all the participants. Requests for sponsorships/donations/agreements with vendors Members do not have the authority, when asking for donations or making agreements with vendors, to give the impression that they are acting as an agent for the Town. Furthermore, commission and board members are not permitted to obligate any Town funds or enter any agreements without prior written approval of the Town Manager or the Manager’s designee. Defining and Responding to Conflicts of Interest Members of boards and/or commissions are subject to provisions of Chapter 171 of the Local Government Code, pertaining to conflicts of interest. A conflict of interest exists if a person has a substantial interest in a business entity or an interest in real property affected by an action. A “substantial interest in a business entity” is defined as 1) ownership of 10 percent or more of the voting stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair market value of the business entity, or 2) funds received by the person from the business entity exceed 10 percent of the person’s gross income for the previous year. A person has a “substantial interest in real property” if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. A local public official is considered to have a substantial interest if a person related to the official in the first degree of consanguinity (blood) or affinity (marriage) has a substantial interest as described above. If a member has a conflict of interest in a matter, that person can obtain from and file with the Town Secretary an affidavit stating the nature and extent of the interest and shall abstain from any action or discussion of the matter creating the conflict. In cases where a conflict of interest is declared, members should physically leave any meeting while any item causing said conflict is discussed. Effective Meetings All members of boards, commissions and committees should familiarize themselves with the elements of a successful meeting. 9 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 Chair are responsible for compliance with the Texas Open Meetings law. Meetings of all boards, commissions and committees are open to the public. Prior to initiating a closed or “Executive Session,” the Staff Liaison and Chair shall receive approval from the Town Manager and Town Attorney. Prior to any meeting, the Chair 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 on the front glass display area of the Municipal Utility District Building in accordance with state law at least 72 hours prior to the meeting. The prescribed order of a meeting should be: Approval of minutes from prior meeting; public hearings; recognition of visitors; new business; old business; and recess and adjournment. Prior to the meeting, the Staff Liaison shall prepare and distribute complete and accurate information pertaining to any action being requested of the board, commission or committee. Some action items require public hearings, and advance communication shall be established with the Town staff to ensure that the hearings are properly advertised as required by law. Any public notice of a board, commission or committee meeting that is required by law must be prepared and advertised by Town staff. The Chair or Staff Liaison shall arrange for an appropriate meeting location. Said location should include proper lighting, voice, temperature control, adequate facilities 10 and seating for the anticipated audience participation, and facilities for display of information. The Chair shall allocate sufficient time for both applicants and opponents of an issue to present their information. Regardless of whether a contemplated issue is listed as a public hearing item or not, interested parties should be given a reasonable opportunity to present their information and opinions, unless the group is meeting in a workshop session. The Chair must allocate and manage the time to be allotted and shall use discretion based upon the agenda and other factors. It is appropriate for the Chair to ask persons to refrain from repeating information. The Chair 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. 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 and/or commission members should act in a professional manner. If a resident visits a meeting and presents a complaint to the board and/or commission at a meeting the information should be taken and referred to Staff to reply to the resident. Rules of Decorum Recognition by Chairman: No person shall address the board and/or commission without first being recognized by the Chairman. Order: While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Town Council nor disturb any member while speaking or refuse to obey the orders of the Chairman/Mayor. Members of the Town Council shall not leave their seats during a meeting without first obtaining the permission of the Chairman/Mayor. Chairman May Debate and Vote: The Chairman may move only to such limitations of debate as are the rights and privileges of a member by reason of his acting as the Chairman. If the Chairman is engaged in debate and is abusing his position as Chairman, at the insistence of any three members, the Chairman member must relinquish the Chair in accordance with provisions of Robert’s Rules of Order Newly Revised. Getting the Floor, Improper References to be Avoided: Every member wishing to speak shall address the Chair, and upon recognition by the Chairman shall confine 11 himself/herself to the questions under debate, avoiding all personalities and inappropriate language. Interruptions: A member, once recognized, shall not be interrupted when speaking unless it be to call the member to order, or as herein otherwise provided. If a member, while speaking, is called to order, the member shall cease speaking until the question of order is determined and, if in order, the member shall be permitted to proceed. PARLIAMENTARY MOTIONS AND PRECEDENCE A Majority Vote Requires 2nd Debatable Amendable of Those Present 1. To adjourn Yes No No Yes 2. To take a recess Yes No Yes Yes 3. To commit, refer, or Yes Yes Yes Yes recommit to committee 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 Yes 9. Objecting to consideration of No No No 2/3 a question Resignations When a board and/or commission member resigns, a letter of resignation should be submitted to the Commission and/or Board Chairman. The Chairman will forward the letter to the Staff Liaison who will then forward on to the Town Secretary. Freedom of Expression All citizens should feel free to express their opinions in an appropriate and professional manner. Members of commissions and boards which are required by law to make judgments and/or render decisions relative to issues that are presented to them must act fairly and equitably, as well as maintain a perception of fairness and equality and must refrain from interjecting their own personal bias. Should questions or concerns relative to fairness and/or personal bias issues arise, the appropriate Chair or Staff Liaison must implement the necessary steps to settle the issue(s) equitably. If the chair/president or staff liaison cannot remedy the issue, the Town Manager is consulted for resolution. In the event that the issue(s) cannot be resolved satisfactorily, the issue(s) must be presented to the Town Council for final settlement. Responsibilities of the Chair Each board and/or commission group shall have a Chair/President. A board and/or commission, at the Council’s discretion, may be asked to make a recommendation for a Chair with the final determination left to the Council. The Chair should have some 12 experience as a member of the group. The Planning and Zoning Commission’s chair will be determined entirely by the Council. The Chair must act as the “leader” and take responsibility for the group’s efficient and meaningful operation. The Chair 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. The Chair 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 and Commission meeting are taken and maintained by the Staff Liaison; • Staff is treated with respect by members at all times; • Discussion is limited to those items on the agenda, provided, however, that the Chair/President or Staff Liaison may place any item not posted on a future agenda for discussion; • All commission and board meetings are to be taped. The Chair/President must ensure that effective communication exists between board and/or commission, Council, Staff and the public. This requires frequent interaction with the staff assigned to support the board and/or commission. The Chair 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 should first discuss the issue with the appropriate Department Manager. If satisfactory results are not achieved, the Chair should next contact the Town Manager. It is the responsibility of the Chair 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 or designated representative of the committee is responsible for making an oral monthly report to the Town Council regarding the activities of his/her group. The Chair is responsible for communicating to the Staff Liaison any requests to be placed on the Town Council agenda for consideration. The Staff Liaison will submit an agenda request for the Town Council after being directed to do so by the Chair. 13 The Chair, Council Liaison and Staff Liaison will define the scope, objectives and criteria for completion of any project to be undertaken by the group. This should be done prior to the initiation of the project. The Chair oversees any required financing of special events planned by the group. Any group that schedules special events requiring funding must prepare a budget, submit it to the Director of Finance and complete a recap summary of the actual expenditures. It is the responsibility of the Chair to ensure that this is done. A budget estimate must be included as part of the Town annual budget. The recap must be submitted no more than 30 days after the event. When donations for special events are requested from sponsors, it must be made clear to the sponsor that the donation is being requested on the committees/events behalf. The Chair must regulate any communication between members of the Board and/or Commission and vendors to ensure members of the group in no way obligate the Town to the expenditure of funds. Responsibilities of the Staff Liaison A member of the Town staff will be assigned to each commission, board or committee. The staff member does not assume the responsibility or task of the group. Rather, the staff member provides information that group members need to perform their obligations. The staff member also serves as a communication link between members of the group and the Town staff. The Staff Liaison helps promote coordination and understanding by collecting the ideas and goals of members. The Staff Liaison may also: • Assist the Chair in the formulation of the agenda and ensure that presentations to the members are timely and adequate; • Prepare agenda requests for Council meetings; • Assist members in planning and preparing presentations; • Assist members in understanding community issues and how those issues may vary from neighborhood to neighborhood; • Provide clerical support as needed; • Develop agenda, take minutes and maintain minutes for public record; and • Must ensure that all meeting needs, including location, are properly reserved and provided. CITIZEN ADVISORY GROUPS Each Citizen Advisory Group has a specific purpose as explained by the group’s mission statement, and members work on a variety of projects and make 14 recommendations to the Town Council regarding their group’s specific area through their Staff Administrator. Members of most Citizen Advisory Groups serve one-year terms. The only exceptions are members of the Utility Franchise Committee and the Ways and Means Committee, who serve two-year terms. Consistent with Resolution 2003-43, which passed on November 17, 2003: • Citizens Advisory Group System will be utilized for those groups identified in the organizational chart attached hereto and incorporated herein as Exhibit “A”, and all other commissions and boards shall continue to exist and function under the current Board and Commission System; and • Citizens Advisory Group System shall be structured in accordance with Exhibit “A”, and shall be implemented and conducted in accordance with an implementation plan developed by Staff and approved by Town Council; Advisory Group Implementation • Current committee members move to the newly established Advisory Groups • Attrition will be used to reduce the committees to the recommended 5 members • Staff Administrators with guidance of their Citizen Advisory Groups will determine their regular meeting schedule with at least two publicly scheduled meetings a year. Other meetings may be held by phone, e- mail, or in person as needed • Application process will remain the same with inquiries on vacancies going directly to the Town Secretary for distribution to the appropriate Staff Administrator for the interview and selection process. • Additional criteria will be added to the performance reviews of Staff Administrators to ensure the effective utilization of the Citizen Advisory Groups. • Staff Administrators in conjunction with the Citizen Advisory Group will give biannual reports to the Council on the status of operations and programs of the Citizen Advisory Groups. After the first year, all the Citizen Advisory Group participants will be asked to complete a survey that evaluates the system including areas such as effectiveness of communication, accomplishments of the groups and weaknesses of the system. This information will be used to determine what if any changes need to be made to make the system more effective. 15 Member Responsibilities • Review, discuss, analyze and recommend Items to the Staff Administrator for Town Council consideration • Request Item(s) to be added to the group meeting agenda • May be requested to participate in special assignments and projects • May be requested to assist other Citizens Advisory Groups • Participates in presentations at workshops, Town Council and Town Hall meetings • Member may be appointed Acting Chairperson in the absence of the Staff Administrator Staff Administrator Responsibilities • Establishes a Citizens Advisory Group not to exceed five (5) core members • Interviews, selects and replaces individuals for the Citizens Advisory Group • Responsible for planning, scheduling and conducting meetings on a consistent basis • Prepares Citizens Advisory Group meeting agenda • Staff Administrators will be responsible for publicizing Citizen Advisory Group vacancies via the website, listserve, marquees and newsletter • Provides appropriate orientation for Advisory Group members • Presents items to the Town Council for action • Town Council reviews, discusses and votes to approve or disapprove recommended items • Communicates Citizens Advisory Group activities to the community • Schedules, conducts and participates in semi-annual Town Hall meetings 16 Town of Trophy Club Code of Ethics and Conduct For Town Elected and Appointed Officials Statement of Purpose The Citizens and the businesses of the Town of Trophy Club are entitled to have fair, ethical and accountable local government which earns the public’s full confidence for integrity. The strong desire of the Town to fulfill this expectation therefore requires that the Town officials, both elected and appointed: • Comply with both the letter and sprit of the laws and policies affecting the operations of government; • Be independent, impartial and fair in their judgment and actions; and • Use their respective office or position for the public good, not for the personal gain. To this end, the Town Council has adopted this Code of Ethics and Conduct for Town officials in order to assure public confidence in the integrity of local government and its effective and fair operation. Definitions The following words, terms and phrases, when used in this section, shall have the following meanings subscribed to them: Business. A corporation, partnership, sole proprietorship, firm, holding company, joint stock company, receivership, trust or any other for profit or non-profit entity. Town Council. The legislative and governing body of the Town consisting of the Mayor and Council members. Town Official. Any member of the Town Council and any appointed member of a Town board, commission, committee or citizens advisory group set up by ordinance, resolution, charter, state law or otherwise, on a temporary or permanent basis. Employee. Any person employed by the Town, including those individuals on a part- time basis, including independent contractors hired by the Town for repetitive performance of services, but not independent contractors engaged for occasional services. Nepotism Nepotism is showing favoritism toward a relative. The practice of hiring personnel or awarding contracts which favor a relative is prohibited by the Town. Exclusions to this prohibition are: 17 a. Employees who have been continuously employed by the Town for more than two years prior to the election or appointment of the official. b. Individuals who are employees of the Town as of the effective date of this policy. 1. Act in the Public Interest Recognizing that stewardship of the public interest must be their primary concern, Town officials shall work for the common good of the people of the Town of Trophy Club and not for any private or personal interest, and they shall assure fair and equal treatment of all persons, claims and transactions coming before the Town Council, boards, commissions, committees and advisory groups. 2. Comply with the Law Town officials shall comply with the laws of the nation, the State of Texas, and the Town of Trophy Club in the performance of their public duties. These laws include, but are not limited to: the United States and Texas Constitutions; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and Town ordinances, resolutions and policies. 3. Conduct of Town Officials As a member of the Town of Trophy Club Town Council or of a Town of Trophy Club town board, commission or committee, I agree to uphold the Code of Ethics and Conduct myself by the following model of behavior. I will: • Recognize the worth of individual Town officials and appreciate their individual talents, perspectives and contributions; • Help create an atmosphere of respect and civility where individual Town officials, Town staff and the public are free to express their ideas and work to their full potential; • Conduct my personal and public affairs with honesty, integrity, fairness and respect for others; • Respect the dignity and privacy of individuals and organizations; • Keep the common good as my highest purpose and focus on achieving constructive solutions for public benefit; • Avoid and discourage conduct which is divisive or harmful to the best interests of the Town of Trophy Club; • Treat all people with whom I come in contact in a manner I wish to be treated; • Before I speak or act I will ask myself the following questions: 1. Is it the truth? 18 2. Is it fair to all concerned? 3. Will it build goodwill and better relationships? 4. Will it be beneficial to all concerned? 4. Respect for Process Town officials shall perform their duties in accordance with the processes and rules of order established by the Town Council and boards, commissions, committees and citizen advisory groups governing the public deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Town Council by Town staff. 5. Conduct of Public Meetings Town officials have an obligation to attend meetings and to be prepared for public issues; to listen courteously and attentively to all public discussions before the body; and to focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings. 6. Decisions Base on Merit It is expected and required that Town officials review material, participate in discussion and base their decision on the merits and substance of the matter at hand. 7. Communication Prior to permitting final action on a matter under consideration, Town officials shall publicly share substantive information, which they may have received from sources outside the public decision-making process, that is relevant to such action by the Council, boards, commissions, committees or citizens advisory groups. 8. Conflicts of Interest and Disclosure Town officials shall familiarize themselves with and abide by the following conflicts of interest and disclosure statutes and principles: a. Chapter 171 of the Local Government Code which requires a member of the governing body or another office, whether elected, appointed, paid or unpaid, of any municipality to file an affidavit disclosing a substantial interest in a business entity or property that would be beneficially affected by a decision of the governing body or of any other board or commission upon which the member serves and thereafter to abstain from participation in discussion and voting on the matter. Once the disclosure is made the Town official is to remove himself from the meeting area to ensure his presence does not hinder the discussion of the item or influence the vote. 19 b. Section 176 of the Local Government Code which requires Town Council members and the Town Manager to file a conflicts disclosure statement disclosing any business relationship with a person or business doing business with the Town or being considered by the Town for a business relationship. c. Section 176.003(a)(2)(B) of the Local Government Code which requires the disclosure of gifts of an aggregate value of more than $250.00 in the twelve (12) month period preceding the date that a local government officer becomes aware of a transaction described in Section 176, other than gifts of food, lodging, transportation, or entertainment accepted as a guest. d. Sections 553.001-553.003 of the Government Code which requires the filing of an affidavit before the date the Town will acquire a property in which public servants have a legal or equitable interest. e. In order to assure their independence and impartiality on behalf of the public good, Town officials are prohibited from using their positions to influence government decisions in which they have a personal interest. 9. Corruption Town officials shall familiarize themselves with and abide by the Texas Penal Code mandates concerning corruption, including without limitation, Section 36.02 prohibiting receipt of prohibited gifts, Section 39.02 concerning abuse of official capacity and Section 39.06(a) concerning misuse of official information and all other applicable state laws regulating or related to public service. 10. Political Advocacy Town officials shall not utilize the Town’s name or logo for purposes of endorsing any political candidate or business. 11. Confidential Information Town officials shall respect the confidentiality of information concerning Town property, personnel or proceedings of the Town. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal interests. 12. Use of Public Resources Town officials shall not use public resources generally unavailable to the public, such as Town staff time, equipment, supplies or facilities, for private gain or personal purposes. 20 13. Representation of Private Interests In keeping with their role as stewards of the public interest, Town officials shall not appear on behalf of private interests of third parties before the Council or any board, commission, committee, or proceeding of the Town. 14. Advocacy Town officials shall represent the official policies or positions of the Town Council, board, commission, committee or advisory group to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, Town officials shall explicitly state that they do not represent their body or the Town of Trophy Club, nor will they allow the inference that they do. 15. Policy Role of Town Officials Town officials shall respect and adhere to the Town of Trophy Club governmental structure as outlined in the Town’s charter, policies and procedures. In this structure, the Town Council determines the policies of the Town with the advice, information and analysis provided by the public, boards, commissions, committees, advisory groups and Town staff. Except as provided by Town ordinance, Town officials therefore shall not interfere with the administrative functions of the Town or the professional duties of the Town staff; nor shall they impair the ability of Staff to implement Council policy decisions. 16. Independence of Boards, Commissions, and Committees Because of the value of the independent advice of boards, commissions, committees and advisory groups to the public decision-making process, Town officials shall refrain from using their position to influence unduly the deliberations or outcomes of board, commission, committee, and advisory group proceedings. 17. Positive Work place Environment Town officials shall support the maintenance of a positive and constructive work place environment for Town employees and for citizens and businesses dealing with the Town. Town officials shall recognize their special role in dealing with Town employees and refrain from creating the perception of inappropriate direction to Staff. 18. Implementation As an expression of the standards of conduct for the Town officials expected by the Town, the Trophy Club Code of Ethics and Conduct is intended to be self-enforcing. It therefore becomes most effective when Town officials are thoroughly familiar with it and embrace its provisions. Ethical standards shall be included in the regular orientations for candidates for Town Council, applicants to boards, commissions, committees, and 21 22 advisory groups, and newly elected and appointed Town officials. Town officials entering office, including those appointed to boards, commissions, committees and advisory groups shall sign a statement affirming they have read and understood the Town of Trophy Club Code of Ethics and Conduct and agree to be bound by its terms. In addition, the Code of Ethics and Conduct shall be reviewed periodically by the Town Council, boards, commissions, committees, and advisory groups, and the Town Council shall consider recommendations from boards, commissions, committees, advisory groups, employees, and citizens for revision as it becomes necessary. STATEMENT OF COMMITMENT As a member of the Town of Trophy Club Town Council or of a Town of Trophy Club town board, commission or committee, I agree to uphold the Code of Ethics. I affirm that I have read and that I understand, accept and support the Town of Trophy Club Code of Ethics and Conduct. _____________________________________________ Elected or Appointed Official Printed Name _____________________________________________ Position _________________________________ _______________ Signature Date