Loading...
RES 2012-08TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2012-08 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2008-22 AND RESOLUTION NO. 2011-19 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, on September 15,2008, the Town Council approved Resolution No. 2008-22 which amended the "Handbook for Elected and Appointed Officials" regulating the conduct of persons serving on Town Boards and Commissions; and WHEREAS, on September 12, 2011, the Town Council approved Resolution No. 2011-19 which further amended the Handbook to allow more residents to become involved and to provide more residents with the opportunity to serve by adding term limits for board and commission members, by prohibiting officials who are either elected or appointed to membership on any governmental body from serving on a Town board or commission, and by reducing the number of boards and commissions a person may simultaneously serve on from two (2) to one (1); and WHEREAS, since enacting amending Resolution No. 2008-22 and amending Resolution 2011-19, 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. 2008-22, Resolution No. 2011-19, 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. 2008-22, Resolution No. 2011-19 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 7th day of May, 2012. ATTEST: APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas RES 2012-08 -Connie White, Mayor Town of Trophy Club, Texas [SEAL] 2 RES 2012-08 EXHIBIT A MUNICIPALITY OF TROPHY CLUB Handbook for Elected and Appointed Officials 3 RES 2012-08 4 MUNICIPALITY OF TROPHY CLUB Handbook for Elected and Appointed Officials EFFECTIVE DATE: May 7, 2012 REVISION DATE/NO: May 7, 2012 - 5 (Resolution No. 2012-08, passed May 7, 2012) This Handbook is applicable to all paid, non-paid and voluntary positions and seats to include; Town Council, Boards, Commissions, Corporations, and volunteers assisting with Special Event functions. 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 __________________________________________ Elected/Appointed Official Printed Name Return this page to the Town Secretary attached the Texas Open Government Training Certificates where applicable. RES 2012-08 5 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 and a Town Staff Liaison. Applicant Requirement for Boards, Commissions, or Corporations Applicants for Boards, Commissions, or Corporations must be 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. Neither elected officials, nor persons appointed to fill vacancies on any elected governmental body may serve on a Town Board, Commission, or Corporation. The technical expertise of applicants shall be a consideration in gaining appointment. 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 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, 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. Applications are available in the Town office and online at the Town’s website. The completed application shall be submitted to the Town Secretary to be forwarded to the Board, Commission, or Corporation Staff Liaison. Interview Process Interviews shall be accomplished by the Boards, Commissions, and Corporations each year after the close of the application period. RES 2012-08 6 Staff Liaisons shall be responsible for scheduling interviews for each candidate who submits an application for their respective Board, Commission, or Corporation. The Board, Commission, or Corporation Chairman shall make his/her respective body’s recommendations to Council for appointment. The recommendations from Boards, Commissions and Corporations are advisory, and Council shall make the final determination regarding appointment. 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. The Chair shall forward the notice to the Staff Liaison who shall then forward the notice to the Town Secretary. 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. 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. No person shall serve on a Board, Commission or Corporation for successive appointed terms totaling more than six (6) years. A term of office shall be defined as an appointed period of (2) or more years. A portion of a term does not count as a term of office for purposes of a limit. Term limits shall apply to the 2011 appointment year. Appointment terms previously served or being served on September 30, 2011 shall not be counted in the application of term limits. Additionally, persons serving on a Board, Commission, or Corporation on the effective date of this Handbook shall be allowed to complete their current term of service regardless of their ineligibility under the newly adopted provisions of this Handbook. 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. Maximum number of Appointments A person may hold a maximum of one (1) Board, Commission, or Corporation seat at any one time; provided however, that in the event the Town does not receive a sufficient number of applications to fill all available seats, Council may in its discretion approve an exception to this limitation. 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. RES 2012-08 7 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 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 original Certificate shall be 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) Nepotism A Board, Commission, or Corporation Chair/President cannot be a relative of the Mayor or of a Council Member. Except as specifically provided below, on any given Board, Commission, or Corporation 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 an 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, 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, that member’s office may be declared forfeited by that Board, Commission, or Corporation. 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. RES 2012-08 8 The Chairman 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 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, m embers 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 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. Prior to initiating a closed or “Executive Session,” the Staff Liaison and Chair shall receive approval from the 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 in compliance with State law. RES 2012-08 9 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, 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 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 with the final determination left to the Council. The Chair 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 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. RES 2012-08 10 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, Commission, and Corporation 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 Board, Commission, and Corporation meetings shall be recorded as required by the Texas Open Meetings Act. The Chair must ensure that effective communication exists between Board, Commission, Corporation, Council, Staff and the public. This requires frequent interaction with the Staff Liaison to the Board, Commission, or Corporation. 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 m anner, the Chair should first discuss the issue with the Town Manager. If satisfactory results are not achieved, the Chair should next contact the Mayor. 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 shall be responsible for communicating to the Staff Liaison any requests to be placed on the Town Council agenda for consideration. The Chair and Staff Liaison shall 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 all projects. 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. 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 preserve and promote independent advice and decisions from Town Boards, Commissions, or Corporations, and the integrity of the independent board process, Council Liaisons and Council members shall refrain from making inputs which lack Council consensus. However, Council members may speak before any Board, Commission or Committee on behalf of their own financial interest; in which case, they shall publicly state the nature of their financial interest and that they are appearing only in their private capacity.