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ORD 2016-09TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2016-09 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING DIVISION 2, "MEETINGS AND RULES OF PROCEDURE", OF ARTICLE 1.03, "TOWN COUNCIL" OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES AND ADOPTING A NEW DIVISION 2, "MEETINGS AND RULES OF PROCEDURE", OF ARTICLE 1.03, "TOWN COUNCIL"; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER; PROVIDING A SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council establishes rules and procedures to ensure that its meetings are conducted in an orderly manner; and WHEREAS, the Town Council has the authority to generally review and make changes to its procedural rules as it determines appropriate for the orderly conduct of its meetings; and WHEREAS, having reviewed the existing procedures and considering the desire to conduct orderly and efficient meetings, the Town Council hereby repeals Division 2, "Meetings and Rules of Procedure," of Article 1.03, "Town Council" and adopts a new Division 2, "Meetings and Rules of Procedure," of Article 1.03, "Town Council" serving the best interests of the Town and will assist with the conduct of orderly and efficient meetings. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Division 2, "Meetings and Rules of Procedure," of Article 1.03, "Town Council" of the Town of Trophy Club Code of Ordinances, is hereby repealed and a new Division 2, "Meetings and Rules of Procedure," of Article 1.03, "Town Council" is hereby adopted, so that Division 2, "Meetings and Rules of Procedure shall be and read in its entirety as follows.. ARTICLE 1.03 TOWN COUNCIL "Division 2. Meetings and Rules of Procedure Sec. 1.03.031 Authority Pursuant to section 3.11 of the home rule charter of the town, the town council shall determine its own rules of procedure. The Charter of the Town of Trophy Club, Texas, provides for open meetings for the Town Council at which reasonable opportunity shall be given for Citizens to be heard under such rules as the Council may provide. The Rules of Procedure establish guidelines to be followed by all persons attending a Town Council meeting, including members of the Town Council, Town Staff and visitors. Sec. 1.03.032 General rules (a) Meetings to be public. All official meetings of the town council and all sessions of a subcommittee of the town council consisting of a quorum of the council shall be public unless otherwise specified by council. (b) Quorum. The governing body of the town consists of a mayor and six (6) council members. Attendance at a council meeting by four (4) of the seven (7) members of the town council constitutes a quorum for the purpose of a regular or special meeting. (c) Attendance. As specified in the town charter, should a member of the town council fail to attend three consecutive regular meetings without being excused by the council, his/her office may be declared forfeited by the council. A member of the town council who is unable to attend a council meeting shall notify the town secretary 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 town secretary shall be provided as soon as practicable after the member becomes aware that he/she will be absent. The town secretary shall notify the council of the absence prior to the beginning of the council meeting from which the member will be absent. (d) Misconduct. The town council may punish its own members for misconduct as authorized by state law and town charter. (e) Minutes of town council meetings. An account of all proceedings of the town council shall be kept by the town secretary and shall be entered into a book constituting the official record of the town council. ORD 2016-09 Page 2 of 14 (f) Questions to contain one subject. All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. (g) Right to floor. Any town council member desiring to speak shall be recognized by the chairman/mayor. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. (h) Town manager. The town manager or assistant town manager or acting town manager, shall attend all meetings of the town council unless excused by the mayor or town council. The town manager, assistant town manager, or acting town manager may make recommendations to the town council and shall have the right to take part in all discussions of the town council, but shall have no vote. The town manager may place an item for discussion and/or action on the council agenda. (i) Town attorney. The town attorney or acting town attorney, shall attend all meetings of the town council unless excused by the mayor or town council and shall, upon request, give an opinion, either written or oral, on questions of law. The town attorney shall act as the town council's parliamentarian. (j) Town secretary. The town secretary or acting town secretary, shall attend all meetings of the town council unless excused by the mayor or town council, and shall keep the official minutes and perform such other duties as may be requested of him/her by the town council. (k) Officers and employees. Any officer or employee of the town, when requested by the town manager, shall attend any meeting of the town council. If requested to do so by the town manager, they may present information relating to matters before the town council. (1) Rules of order. Robert's Rules of Order Newly Revised, as amended by the council, shall govern the proceedings of the town council. (m) Suspension of rules. Any provision of these rules may be temporarily suspended by a two-thirds vote of all members of the town council in attendance. The vote on any such suspension shall be taken by a show of hands and entered into the record. (n) Amendment to rules. These rules may be amended, or new rules adopted with a favorable vote by four (4) members of the town council in attendance, provided that the proposed amendments or new rules shall have been introduced into the record at a prior town council meeting. ORD 2016-09 Page 3 of 14 Sec. 1.03.033 Types of meetings (a) Regular meetings. The town council shall meet in the council/board room at the Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas, on the second and fourth Tuesday of each month and each meeting shall commence at the time and place posted on the agenda for that meeting. (b) Special meetings. Special meetings may be called by the mayor or by any three (3) members of the town council. The call for a special meeting shall be filed with the town secretary in written form, except that announcement of a special meeting, during any regular meeting at which all members are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, and shall list the subject or subjects to be considered. No special meeting shall be held until at least 72 hours after the call is issued or within two (2) hours for an emergency meeting. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or as incident thereto. (c) Emergency meetings. In case of emergency or urgent public necessity, which shall be expressed in notice of the meeting, an emergency meeting shall be called by the chairman/mayor or on the application of three (3) members of the town council, and it shall be sufficient if the notice is posted two (2) hours before the meeting is convened. (d) Recessed meetings. Any meeting of the town council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. (e) Public hearings. (1) All meetings shall be held in full compliance with the provisions of state law and codes of the town. Any party in interest may appear in his/her own behalf or be represented by counsel or agent. (2) The town secretary shall set public hearing dates for the town council as requested, be responsible for timely advertising in the official newspaper, and notify interested parties according to requirements of the town council. Sec. 1.03.034 Chairman/Presiding Officer (a) Designation. The mayor, if present, shall preside as chairman at all meetings of the town council. In the absence of the mayor, the mayor pro - ORD 2016-09 Page 4 of 14 tem shall preside. In the absence of both the mayor and the mayor pro - tem, the town council shall elect a chairman/chair/presiding officer. (b) Call to order. The meetings of the town council shall be called to order by the presiding officer. In the absence of both the mayor and the mayor pro - tem, the meeting shall be called to order by the town secretary. (c) Preservation of order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved in debate and confine members in debate to the question under discussion. (d) Points of order. (1) A member may interrupt debate for immediate consideration of questions relating to rights and privileges of the assembly. The presiding officer will decide the question or may refer to the town attorney for a ruling. The presiding officer decision is subject to appeal to the town council. (2) A member of the council may appeal a ruling of the chair by obtaining the floor and stating, "I appeal from the ruling of the Chair." The person appealing can interrupt a speaker who has the floor. If another member seconds the appeal, the procedure is as follows: the presiding officer puts the question to the members for a vote. The question cannot be amended and it is debatable unless the immediately pending question is not debatable, the purpose of the vote is to decide whether the chair's ruling should be sustained. The presiding officer is entitled to speak first and last in any discussion about the appeal or his/her decision. A majority vote is required to overturn the decision of the chair, and the question can be reconsidered. (e) Questions to be stated. The presiding officer shall state all questions submitted for a vote and announce the result. The announcement of the result will include the number of votes for, number of votes against and abstentions, or state if unanimous. (f) Substitution of presiding officer. The presiding officer may call any other member to take his place in the chair, such substitution not to continue beyond adjournment. Sec. 1.03.035 Order of business; agenda (a) Agenda. The business of each meeting shall be as contained in the agenda in the order established by the presiding officer. The town secretary shall prepare the agenda. The agenda shall be a listing of topics ORD 2016-09 Page 5 of 14 to be considered by the town council and delivered to members of the town council each Thursday preceding the Tuesday meeting to which it pertains. The agenda may provide for a work session immediately preceding the commencement of the council meeting in order to allow council discussion and questions related to one or more of the items posted on the agenda. At the end of each agenda item, the agenda should specify the first initial and last name of the person(s) adding the item to be considered on the agenda. Staff initiated items will be identified by a general notation of "Staff." (b) Presentations by members of town council; future agenda items. The agenda shall provide a time when the mayor or any town council member may bring before the town council any business that the town council member believes should be deliberated upon by the town council at a future meeting of the town council. However, pursuant to the town charter, before any item is placed for discussion and/or action on a future town council agenda, a request for its placement on the agenda shall be made by either the mayor or by any two (2) councilmembers. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent town council meeting provided that the requirements of chapter 551 Texas Government Code have been met. (c) Request for agenda item by presiding officer. A presiding officer of a council appointed board, commission, corporation, or other appointed body requesting that an item be placed on the council agenda for discussion and/or action shall present such request to the town manager in writing in the time frame set forth in subsection (d) below. (d) Deadline for submission of agenda items. A subject for the town council's consideration shall be submitted to the town secretary's office in writing not later than 5:00 p.m. on Monday, (7 days prior) to the meeting at which the subject is to be considered. (e) Presentation by citizens or representative(s) of organized groups; citizen presentations. Presentations by citizens at the citizens presentation segment of a council meeting, with or without prior notification, shall be limited to a total of four (4) minutes. (f) Presentation by citizens or representative(s) of organized groups; agenda items. Presentations by citizens, with or without prior notification, shall be limited to a total of six minutes. For items on the agenda, the speaker will be limited to four (4) minutes of time to complete his/her comments prior to council discussion and two (2) minutes of time subsequent to council discussion but before the chair calls for a vote. The designated timekeeper shall maintain the time and advise the speaker when his/her time has ORD 2016-09 Page 6 of 14 expired. The speaker shall then complete his sentence and take his/her seat. A person may not give his/her speaking time to another. Persons wishing to express their position on an agenda item but who do not wish to speak shall complete a speaker's card and indicate their support or opposition. The name and respective position of such person(s) shall be read into the record. Topics of presentations should be limited to matters over which the Council has authority. (g) Rules of conduct applicable to citizen's presentations for agenda items, citizen's presentations, and for public hearings. (1) Each person addressing the council shall step up to the microphone, shall give his or her name and address in an audible tone of voice for the record. If representing an organized group, the speaker shall identify the group represented. All remarks shall be addressed to the council as a body, and not to any member thereof. No person, other than town staff, members of the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the council. No questions shall be asked of the councilmembers, except through the presiding officer. (2) All citizens shall refrain from private conversations in the chamber while the town council is in session. (3) Citizens attending town council meetings shall observe the same rules of priority, decorum, and good conduct applicable to the administrative staff. Any persons making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the town council or while attending the town council meeting, shall be removed from the room if the chief of police (or his representative) is so directed by the presiding officer, and such person shall be barred from further audience before the town council during that session of the town council. (4) Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the presiding officer, who shall direct the chief of police or his designee to remove such offenders from the room. (5) In case the presiding officer shall fail to act, any other of the town council may move to require the chair to enforce the rules, and the affirmative vote of a majority of all members present of the town council shall require the presiding officer to act. ORD 2016-09 Page 7 of 14 (6) No placards, banners or signs of any kind shall be permitted in the council chamber unless exhibits, displays and visual aids are used in connection with presentations to the town council, provided that such exhibits, displays and visuals aids do not disrupt the meeting. (h) Written communications to council. (1) General. Interested parties, or their authorized representatives, may address the council by written communication in regard to any matter concerning the town's business or over which the council has control at any time. (2) Agenda items. A written communication relative to an item posted for consideration on a town council agenda may be submitted by direct mail to the council or by delivery of the communication to the town secretary at least four (4) hours prior to the time for commencement of the town council meeting at which an item will be discussed. Upon timely receipt of a communication, the town secretary shall distribute copies to each of the councilmembers and shall make copies available for public review at a designated location in the council chambers. The names of those submitting the communication and the topic addressed will be entered into the record without the necessity for reading as long as sufficient copies are available at the meeting for review by members of the audience/public. (i) Presentations by town manager. Matters requiring the council's attention which may have developed since the deadline for delivery of the written communication to the council may be presented orally by the town manager for informational purposes only in accordance with chapter 551 Texas Government Code. (j) Requests for research or information. The mayor and individual councilmembers may request information or research from the town staff on a given topic through the town manager who will make all members of council aware of the special request, as it may be of interest to them as well. Accordingly, the town manager will provide the results of the request to all members of council. In the event the town manager believes he cannot respond in a timely manner, he and the members of council will coordinate a reasonable and responsible timeframe in which to expect the results without unduly interfering with other activities of higher priority. (k) Notification of significant activities or events. The mayor and councilmembers expect the town manager to notify them, and provide periodic updates regarding significant activities or events in the town ORD 2016-09 Page 8 of 14 related to natural or manmade disasters, major criminal activity, accidents involving town property, or death involving town staff/employees. (1) Seating arrangement. The town manager, town secretary, and town attorney shall occupy the respective seats in the council chamber assigned to them by the presiding officer, but any two (2) or more of the town council may exchange seats. Sec. 1.03.036 Ordinances, resolutions and motions (a) Printed or typewritten form. All ordinances and resolutions shall be presented to the town council only in written form. (b) Town attorney to approve. All ordinances and resolutions shall be approved as to form and legality by the town attorney. (c) Distribution of ordinances. The town secretary shall prepare copies of all proposed ordinances for distribution to all members of the town council at the meeting at which the ordinance is introduced, or at such earlier time as is expedient. (d) Recording of votes. The show of hands shall be taken and entered upon the passage of all ordinances and resolutions and entered into the official record of the council. (e) Vote required for approval. Approval of every ordinance, resolution, or motion shall require the affirmative vote of four (4) of the members of the town council in attendance. (f) Mayoral vote. The mayor shall have a vote on all matters before the council. (g) Conflict of interest. Should any person on the town council have a conflict of interest pursuant to any state laws and/or town ordinances regulating conflicts of interest with regard to an item on the council agenda, such person shall openly declare the conflict before the discussion proceeds, shall complete an affidavit as required by state law, and shall be prohibited from participating in the discussion or vote on the item. (h) Abstention from voting. Should any person on the town council abstain from voting on an agenda item where no conflict of interest under state law and/or town ordinance exists, the person's vote shall be recorded as a negative vote in the minutes of the council meeting. ORD 2016-09 Page 9 of 14 Sec. 1.03.037 Rules of decorum (a) Recognition bV presiding officer. No person shall address the town council without first being recognized by the presiding officer. (b) 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 presiding officer. Members of the town council shall not leave their seats during a meeting without first advising the chairman/mayor. (c) Presiding Officer may debate. The presiding officer may move only to such limitations of debate as are the rights and privileges of a town council member by reason of his acting as the presiding officer. If the presiding officer is engaged in debate and is abusing his position as presiding officer, at the insistence of any three (3) council members, the presiding officer member must relinquish the chair in accordance with provisions of Robert's Rules of Order Newly Revised. (d) Getting the floor, improper references to be avoided. Every member desiring to speak shall address the chair, and upon recognition by the presiding officer shall confine himself/herself to the questions under debate, avoiding all personalities and inappropriate language. (e) 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 town council member shall cease speaking until the question of order be determined and, if in order, the town council member shall be permitted to proceed. Sec. 1.03.038 Parliamentary motions and precedence (a) Discussion of items. The meeting is governed by the agenda and the agenda constitutes the only items to be discussed. Each agenda item shall be considered open for discussion when that item is announced by the presiding officer. If a member wishes to challenge an agenda item on the basis that the item is not a proper topic for council discussion, such member shall state that he or she "objects to the consideration of the question." This action does not require a second. When the objection is made, the Presiding Officer shall immediately call the question: "will the assembly consider this question?" if 2/3 of the members vote "no," the question cannot be introduced. An objection to consideration of a question must be made when the item is first introduced and before it has been debated. A motion for appropriate action shall be made after discussion of an item has been concluded. ORD 2016-09 Page 10 of 14 (1) The Presiding Officer should invite the appropriate people to report on the item, including any recommendation they might have. (2) The Presiding Officer should ask the Members if they have any technical questions for clarification. At this point, the members may ask clarifying questions to the people who reported on the item, and they should be given time to respond. (3) The Presiding Officer should invite resident comments (limited to 4 minutes or a time determined appropriate by the Presiding Officer) — or if a public hearing, open the public hearing. Upon conclusion of the public hearing, the Presiding Officer should announce the public hearing closed. (b) Motions. After obtaining the floor a motion can be made before the assembly on the particular subject of discussion. The Presiding Officer should invite a motion from the Members before debate is given on the merits of the item. The Presiding Officer should announce the name of the Members who makes the motion. (1) A "second" to the motion must be made by another town council member within a reasonable but brief time period. The Presiding Officer should determine if any Members wishes to second the motion. The Presiding Officer should announce the name of the Members who seconds the motion. If no Members wishes to second the motion, then the motion fails, and should be so stated by the Presiding Officer. Without a "second" the motion dies. (2) If the motion is made and seconded, the Presiding Officer should make certain that everyone (including the audience) understands the motion. This is done in three ways: a. The Presiding Officer can ask the maker of the motion to repeat it; b. The Presiding Officer can repeat the motion; or c. The Presiding Officer can ask the Town Secretary to repeat the motion. (3) No main motion can be made when another motion is pending. The Presiding Officer should now invite the Members to discuss the motion. If there is no desired discussion, the Presiding Officer should invite additional resident comments (limited to 2 minutes or a time determined appropriate by the Chair). If there has been no input or discussion or a brief discussion, then there is no need to repeat the motion before taking a vote. If the discussion has been lengthy, it is a good idea to repeat the motion before calling for the vote. ORD 2016-09 Page 11 of 14 (c) Withdrawal of motions. A motion may be withdrawn, or modified, by its mover without asking permission until the motion has been stated by the Presiding Officer. If the mover modifies his motion, the person who seconds the motion may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the council. (d) Stating the question. In principle, the chairman/mayor must state the question on a motion immediately after it has been made and seconded, unless the council member is obligated to rule that the motion is out of order or if the wording is not clear. (e) Amendments to motions. No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. (f) Debate. Debate must be limited to the merits of the immediately pending question as stated by and by authority of the presiding officer. (g) Calling for the question by Presiding Officer - ending debate. (1) The Presiding Officer may "call for the question" without a vote if debate appears to have closed and if there are no objections by any council member. (2) A motion for the previous question (call the question) may not interrupt a speaker who has the floor, must be made and seconded, is not debatable, cannot be amended, requires an affirmative, two- thirds vote of members present to pass and in this assembly cannot be reconsidered. Additionally, in order to protect the democratic process, any council member or member of the public who is on record to speak before the motion is made will be permitted to speak before the vote is taken on the motion for the previous question. (3) The Presiding Officer calls for the vote. Unless a super-majority is required for passage of the motion, a simple majority vote determines whether the motion passes or fails. (4) The Presiding Officer announces the results of the vote and should also state what action (if any) the Members have taken. ORD 2016-09 Page 12 of 14 Sec. 1.03.039 Creation of committees, boards and commissions (a) Ad-hoc committees. The council may, as the need arises, authorize the appointment of "ad hoc" committees. Except where otherwise specifically provided, the mayor shall appoint the members of the "ad hoc" committees, subject to the approval of the town council. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the town council. (b) Citizen boards commissions corporations, and other appointed bodies. The town council may create boards, commissions, corporations and other council appointed bodies to assist in the conduct of the operation of the town government with such duties as the council may specify. Memberships and selection of members shall be as provided in accordance with the guidelines in the handbook for elected and appointed officials, as amended from time to time. Any such appointed bodies so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the town council. No body so appointed shall have powers other than advisory to the town council, except as otherwise specified by the laws of the state. These rules of procedure shall apply to council appointed boards, commissions, corporations, and other appointed bodies in accordance with the town's handbook for appointed and elected officials and shall only be modified as provided in the enabling ordinances for each such council appointed body." SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting rules of procedure and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. ORD 2016-09 Page 13 of 14 SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 22nd day of March 2016. ATTEST: 4� C. Nick Sanders, Mayor Town of Trophy Club, Texas T [SEAL] Holly Fimbr s, Town Secretary Town of Trophy Club, Texas \v �I APPROVED TO AS FORM: 4�It� Patricia A. Adams , Town Attorney Town of Trophy Club, Texas ORD 2016-09 Page 14 of 14