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Agenda Packet TC 04/12/2010Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMMonday, April 12, 2010 Call to order and announce a quorum. Invocation Pledges: Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." PRESENTATIONS 1.2010-175-T Announce the recipients of the 2009 Volunteer Citizen of the Year; discussion of same. 2.2010-110-T Police Chief Kniffen to present departmental awards and commendations; discussion of same. 3.2010-177-T Receive an annual update from EDC 4B; discussion of the same. Citizen Presentations: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 4.2010-148-T Consider and take appropriate action regarding the Minutes dated February 15, 2010. February 15, 2010 Minutes.pdfAttachments: Town Council 1 of 252 Meeting Date: April 12, 2010Town Council 1 of 252 Meeting Date: April 12, 2010 April 12, 2010Town Council Meeting Agenda 5.2010-150-T Consider and take appropriate action regarding the Minutes dated March 8, 2010. March 8, 2010 Minutes.pdfAttachments: 6.2010-184-T Consider and take appropriate action regarding the approval of the final Joint Election Agreement with Denton County. FINAL Joint Election for May 2010 - Final.pdfAttachments: REGULAR SESSION 7.2010-202-T Consider and take appropriate action regarding a Proclamation for Arbor Day 2010 including the Arbor Day Event festivities. Proc. 2010-.pdf Arbor Day Presentation.pdf Attachments: 8.2010-203-T Staff to provide a recap of the Easter Egg Hunt festivities, discussion of same. Easter Recap.pdfAttachments: 9.2010-207-T Consider and take appropriate action regarding a Resolution endorsing Regional "Best Practices” Standards calculated at fostering improved Intrastate Gas Utility Municipal Relations. Res. 2010- Best Practices.pdfAttachments: 10.2010-204-T Consider and take appropriate action regarding the Memorandum of Understanding regarding the adoption of the Texas Department of Transportation’s Federally-Approved Disadvantaged Business Enterprise Program by the Town of Trophy Club. MOU DOT Federally Approved Disadvantage Business Ent Program.pdfAttachments: 11.2010-208-T Consider and take appropriate action regarding the Town Council's relationship with TCMUD No. 1 relative to the SEMO status and to the hiring of a new Town Manager. 12.2010-176-T Consider and take appropriate action regarding the proposals to provide executive recruitment services for the Town Manager position. Waters Consulting Group Proposal.pdf Chris Hartung Consulting Proposal.pdf Mercer Group Proposal.pdf Attachments: 13.2010-178-T Consider and take appropriate action regarding Meeting dates for the July and September Regular Town Council meetings. Town Council 2 of 252 Meeting Date: April 12, 2010Town Council 2 of 252 Meeting Date: April 12, 2010 April 12, 2010Town Council Meeting Agenda 14.2010-206-T Council to provide input and direction to staff regarding the creation of a Code of Conduct/Ethics Ordinance and the establishment of an Ethics Commission. Charter Ethics.pdf Ethics Section from Elected-Appointed Official Handbook.pdf Staff Draft of Ethics Ord_(8-09).pdf ROSE Draft Code of Ethics & Conduct Proposal (-TE) Rev 1.pdf ROSE Draft TC Code of Ethics Conduct Proposal Rev 3.pdf ROSE Draft TC Code of Ethics & Conduct Proposal Rev 4.pdf Attachments: 15.2010-179-T Items for future Agendas. Items for Future Agendas.pdfAttachments: 16.2010-205-T Town Manager's Update regarding the following; and discussion of the same. 1. Roundabout 2. Bobcat Blvd 3. Splash Park 4. Safe Routes to School 5. Building Permits 6. Three Clean Event 7. Outgoing comments; and discussion of the same. 17.2010-180-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. EXECUTIVE SESSION 18.2010-182-T Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: A. Services, compensation, contract and severance benefits, performance, special duties and directions for Town Manager Emmons B. Letter of Understanding regarding Acting Town Manager position C. Search for new Town Manager RECONVENE INTO REGULAR SESSION 19.2010-183-T Consider and take appropriate action regarding Executive Session items. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Notice is hereby given that a quorum of the EDC 4B may be in attendance at this meeting. Town Council 3 of 252 Meeting Date: April 12, 2010Town Council 3 of 252 Meeting Date: April 12, 2010 April 12, 2010Town Council Meeting Agenda CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, April 8, 2010 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. ___________________________________________ Lisa Hennek, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4601, 48 hours in advance and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2010. ________________________________, Title: ___________________________ Town Council 4 of 252 Meeting Date: April 12, 2010Town Council 4 of 252 Meeting Date: April 12, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-175-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/29/2010 Town Council On agenda:Final action:4/12/2010 Title:Announce the recipients of the 2009 Volunteer Citizen of the Year; discussion of same. Attachments: Action ByDate Action ResultVer. Town Council 5 of 252 Meeting Date: April 12, 2010Town Council 5 of 252 Meeting Date: April 12, 2010 12010-175-T Version:File #: Title Announce the recipients of the 2009 Volunteer Citizen of the Year; discussion of same. Body The Council approved the Citizen of the Year Committee’s recommendation at their March 22, 2010 Council meeting. The recipients are as follows: Philanthropic Category - Deandra Pugh Civic Category - Larry Lentzner Teenage Category - Brittney Fluty All Citizens of the Year will be announced in the month of April, recognized at the Annual 4th of July event and represented in the parade. Goal #6: A vibrant, inclusive community with involved, caring residents Town Council 6 of 252 Meeting Date: April 12, 2010Town Council 6 of 252 Meeting Date: April 12, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-110-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/15/2010 Town Council On agenda:Final action:3/8/2010 Title:Police Chief Kniffen to present departmental awards and commendations; discussion of same. Attachments: Action ByDate Action ResultVer. Town Council 7 of 252 Meeting Date: April 12, 2010Town Council 7 of 252 Meeting Date: April 12, 2010 12010-110-T Version:File #: Title Police Chief Kniffen to present departmental awards and commendations; discussion of same. Body Goal #1: Safe and secure community. Maintain Trophy Club’s Low crime rate Increase positive visibility through community policing initiatives Town Council 8 of 252 Meeting Date: April 12, 2010Town Council 8 of 252 Meeting Date: April 12, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-177-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/29/2010 Town Council On agenda:Final action:4/12/2010 Title:Receive an annual update from EDC 4B; discussion of the same. Attachments: Action ByDate Action ResultVer. Town Council 9 of 252 Meeting Date: April 12, 2010Town Council 9 of 252 Meeting Date: April 12, 2010 12010-177-T Version:File #: Title Receive an annual update from EDC 4B; discussion of the same. Body Goal #2: Business-Friendly Community Provide environment to retain/develop existing businesses Promote new commercial opportunities Create effective working relationships with developers and businesses Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Town Council 10 of 252 Meeting Date: April 12, 2010Town Council 10 of 252 Meeting Date: April 12, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-148-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:3/10/2010 Town Council On agenda:Final action:4/12/2010 Title:Consider and take appropriate action regarding the Minutes dated February 15, 2010. Attachments:February 15, 2010 Minutes.pdf Action ByDate Action ResultVer. Town Council 11 of 252 Meeting Date: April 12, 2010Town Council 11 of 252 Meeting Date: April 12, 2010 12010-148-T Version:File #: Title Consider and take appropriate action regarding the Minutes dated February 15, 2010. Town Council 12 of 252 Meeting Date: April 12, 2010Town Council 12 of 252 Meeting Date: April 12, 2010 Town Council Minutes dated February 15, 2010 1 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, February 15, 2010 7:00 PM Svore Municipal Building Boardroom STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, February 15, 2010. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Glenn Strother Mayor Pro Tem Susan Edstrom Council Member Kathleen Wilson Council Member Bill Rose Council Member TOWN COUNCIL MEMBERS ABSENT: Philip Sterling Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Lee Delk Police Commander Danny Thomas Fire Chief Kathy DuBose Finance Director Carolyn Huggins Planning and Zoning Manager Adam Adams Parks Director Mayor White announced the date of February 15, 2010, called to order and announced a quorum at 7:00 p.m. Mayor White announced Council member Sterling’s absence. Mayor White explained that the Council’s Goals and Objective have been added to the Agenda. Invocation offered by Council member Wilson. Pledges led by Fire Chief Thomas. CITIZEN PRESENTATIONS: No citizens addressed the Council. PROCLAMATION 1. 2010-99-T Consider and take appropriate action regarding a Proclamation declaring February 21 - 27, 2010 as Severe Weather Awareness Week. Town Council 13 of 252 Meeting Date: April 12, 2010Town Council 13 of 252 Meeting Date: April 12, 2010 Town Council Minutes dated February 15, 2010 2 Mayor Pro Tem Strother read the proclamation. Motion made by Edstrom, seconded by Rose proclaiming February 21 - 27, 2010 as Severe Weather Awareness Week Motion passed unanimously without any discussion. PUBLIC HEARING Public Hearing opened at 7:07 P.M. 2. 2010-59-T Public Hearing to Consider an Amendment to PD-Planned Development District No. 15, Known as “The Lakes of Trophy Club”, Ordinance No. 96-07B, by amending Exhibit C, “DEVELOPMENT STANDARDS, Item H. FENCES/WALLS to allow a maximum height of 8- ft. for side or rear yard fencing. Applicant: Homeowners Association for The Lakes of Trophy Club. (PD AMD-10-033) Kai Bidstrup, 308 Parkview – Supports the amendment. Joelle Cuvelier, 23 Ridgewood Drive -Supports the amendment. Mark Stuebe, 3 Parkway Court - Opposed the amendment. Town Manager Emmons announced that Greg Lamont, President of the Homeowners Association for The Lakes of Trophy Club was in attendance. Planning and Zoning Chairman Hill was also in attendance. Public Hearing closed at 7:08 P.M. REGULAR SESSION 3. 2010-60-T Consider and take appropriate action regarding an Amendment to PD-Planned Development District No. 15, Known as “The Lakes of Trophy Club”, Ordinance No. 96-07B, by amending Exhibit C, “DEVELOPMENT STANDARDS, Item H. FENCES/WALLS to allow a maximum height of 8-ft. for side or rear yard fencing. Applicant: Homeowners Association for The Lakes of Trophy Club. (PD AMD-10-033) Planning and Zoning Chairman Hill read the following statement: The Lakes subdivision consists of five “villages”: Meadow Ridge, Meadow Lakes, Lakeview, Creekside, and Park View. The fence height requirements in the PD-15 development standards allow a maximum height of 6-feet for side and rear yard fences. The Homeowners Association is requesting to change the maximum height of side and rear yard fences from the current 6-feet maximum to a height of 8-ft. maximum. This change allows the HOA requirements to match the Town fencing regulations which allow 8-ft. maximum side and rear fencing in straight zoning: Town regulations: Front, Side & Rear Yards: Eight feet (8’) is the maximum height allowed for front, side and rear yard fences, except as otherwise provided in Section C - Location, (4)(a) and (5)(a), of this Ordinance. Section C – Location; (4) Golf Course Lots: (a) All fences on lots facing or abutting a golf course shall be constructed of ornamental metal and shall be a minimum of four feet (4’) and a maximum of six feet (6’) in height. (5) Public Park Lots: (a) All fences on lots facing or abutting a public park or other land designated for public recreational purposes shall be constructed of ornamental metal and shall be a minimum of four feet (4’) and a maximum of six feet (6’) in height. This request applies to side and rear yard fences ONLY – and is only a request to amend the HEIGHT allowance. Other development standards such as fence material requirements – cedar, ornamental iron, masonry -- will remain the same. Requirements for perimeter fencing will remain the same. Fencing separating lots in the Park View Village and Roanoke have always been allowed to be 8-feet in height. Town Council 14 of 252 Meeting Date: April 12, 2010Town Council 14 of 252 Meeting Date: April 12, 2010 Town Council Minutes dated February 15, 2010 3 Mayor White confirmed that the current (metal) fencing facing the amenities is still being maintained. Council member Rose suggested read Section H Fences/Walls read shall rather than may. Council member Edstrom explained that shall means will and may means might. Town Attorney Adams said that this wording was discussed with the Planning Manager Carolyn Huggins and may is the appropriate word. Motion made by Edstrom, seconded by Strother to approve an Ordinance Amendment to PD-Planned Development District No. 15, Known as “The Lakes of Trophy Club”, Ordinance No. 96-07B, by amending Exhibit C, “DEVELOPMENT STANDARDS, Item H. FENCES/WALLS to allow a maximum height of 8-ft. for side or rear yard fencing. Motion passed unanimously without further discussion. 4. 2010-90-T Receive an update from the ASA Volunteer Committee; discussion of same. ASA Designated Liaison Wanda Franklin gave a brief presentation. Franklin said that community interest has been lacking and her personal business staff of four; have been working this Committee. Franklin admitted while servicing to the ASA Committee is rewarding it can become costly. Council member Edstrom suggested Ms. Franklin talk to the schools individually as opposed to working through the School Board as, ultimately the School Board will refer her back to the individual schools. Mayor White stated that the lack of community interest could be contributed to a lack a communication. White is happy to work with Ms. Franklin on avenues and means to promote this Committee. Council member Wilson thanked Ms. Franklin for her service. Wilson stated that there are many willing hearts in Trophy Club that need to know how to help, and that the presentation will be televised so hopefully that will help in spreading the word. Council directed Staff to place the ASA Information and contact number on website. No action, update only. 5. 2010-42-T Receive annual report from the Park Board; discussion of the same. Park Board Chairperson, J.D. Stotts and Park Board member Larry Lentzner gave the presentation. Chairperson Stotts announced a quorum of the Park Board. Council member Edstrom questioned the Board’s proposal for a dog park when sports fields are desperately needed. Mayor White stated that trails were identified by Trophy Club residents as number one of the top thirteen recreational amenities and yet the Board is not proposing utilizing any of the open space for trails. Council member Wilson summarized that the developer gave a gift of crud and commended the Board for their innovation trying to make do with what they were given. Wilson agrees that fields are important, especially considering that the current fields are full of muck, however the last thing this Council should approve is a make shift, less than desirable practice field that does not meet the sports needs. Town Council 15 of 252 Meeting Date: April 12, 2010Town Council 15 of 252 Meeting Date: April 12, 2010 Town Council Minutes dated February 15, 2010 4 Mayor White questioned the delay for the fields at Freedom Park. Board member Lentzner said that he would work with the sub-committee to see if the delay can be pushed up and thanked the Staff and Council for being so responsive. Council member Edstrom asked Town Attorney Adams to forward the Council the proposition language that the voters approved. Edstrom challenged Staff and the Park Board to check with the engineer regarding swapping one dog park with fields considering the dog park will bump up to a residential neighborhood. Edstrom requested to be provided all of the operational numbers and for the Parks Director Adam Adams to send all of the information she provided to him to the Park Board. Council member Wilson commended the group again and asked them to consider a skate park. Update only, no action. Council took a five minute break. 6. 2010-40-T Consider and take appropriate action regarding an Ordinance calling a Joint/General/Special Election for May 8, 2010 for the purpose of electing two (2) Council Members for Place #3 and Place #4 for two (2) year terms each and one (1) Council Member for Place #5 for a three (3) year term to the Town of Trophy Club Town Council, and a Special Election with a combined ballot pursuant to Section 321.409 of the Texas Tax Code to determine whether the citizens desire to reauthorize the Local Sales and Use Tax in the Town of Trophy Club at the rate of one-fourth of one percent (0.25%) to continue providing Revenue for Maintenance and Repair of Municipal Streets. Town Manager Emmons said that the Ordinance has been changed clarifying that only one Council member will be elected for Place 3 and one for Place 4. Council member Wilson announced her resignation from the Town Council, effective February 23, 2010. Wilson stated that since the Town is currently holding an election, there will be no additional costs associated with a Special Election to fill her vacancy. Town Attorney Adams changed the Ordinance to include language for a Special Election resulting from Wilson’s vacancy in Place #2 to serve a one (1) year term in order to complete the remainder of the two (2) year term for Place #2 on the Trophy Club Town Council. The Ordinance caption will read as follows: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT GENERAL ELECTION BETWEEN THE TOWN OF TROPHY CLUB AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, TO BE HELD ON MAY 8, 2010 FOR THE PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER FOR PLACE #3 FOR A TWO (2) YEAR TERM AND ONE (1) COUNCIL MEMBER PLACE #4 FOR A TWO (2) YEAR TERM AND ONE (1) COUNCIL MEMBER FOR PLACE #5 FOR A THREE (3) YEAR TERM TO THE TOWN OF TROPHY CLUB TOWN COUNCIL; ORDERING AND CALLING A SPECIAL ELECTION FOR THE PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER TO SERVE A ONE (1) YEAR TERM IN ORDER TO COMPLETE THE REMAINDER OF THE TERM OF OFFICE FOR PLACE #2 CREATED BY A VACANCY IN PLACE #2 ON THE TROPHY CLUB TOWN COUNCIL; AND ORDERING AND CALLING A SPECIAL ELECTION WITH A COMBINED BALLOT PURSUANT TO SECTION 321.409 OF THE TEXAS TAX CODE TO DETERMINE WHETHER THE CITIZENS DESIRE TO REAUTHORIZE THE LOCAL SALES AND USE TAX IN THE TOWN OF TROPHY CLUB AT THE RATE OF ONE-FOURTH OF ONE PERCENT (0.25%) TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; DESIGNATING A POLLING PLACE WITHIN THE TOWN; APPOINTING A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING A JOINT ELECTION AGREEMENT; PROVIDING A Town Council 16 of 252 Meeting Date: April 12, 2010Town Council 16 of 252 Meeting Date: April 12, 2010 Town Council Minutes dated February 15, 2010 5 CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Motion made by Edstrom, seconded by Rose to approve Ordinance calling a Joint/General/Special Election for May 8, 2010 for the purpose of electing two (2) Council Members for Place #3 and Place #4 for two (2) year terms each and one (1) Council Member for Place #5 for a three (3) year term to the Town of Trophy Club Town Council, and a Special Election with a combined ballot pursuant to Section 321.409 of the Texas Tax Code to determine whether the citizens desire to reauthorize the Local Sales and Use Tax in the Town of Trophy Club at the rate of one-fourth of one percent (0.25%) to continue providing Revenue for Maintenance and Repair of Municipal Streets, with the appropriate amendments calling a Special Election as a result of a vacancy in Place #2 to serve a one (1) year term in order to complete the remainder of the two (2) year term for Place #2 on the Trophy Club Town Council. Motion passed unanimously without further discussion. A. Approve a Joint Election Contract with Denton County Motion made by Edstrom, seconded by Wilson to approve a Joint Election Contract with Denton County Motion passed unanimously without any discussion. B. Approve a Joint Election Agreement between the Town of Trophy Club and Trophy Club Municipal Utility District No. 1. Motion made by Wilson, seconded by Edstrom to approve a Joint Election Agreement between the Town of Trophy Club and Trophy Club Municipal Utility District No. 1. Motion passed unanimously without further discussion. Motion made Edstrom to reconsider, Rose seconded. Motion to reconsider passed unanimously without any discussion. Motion made by Edstrom, seconded by Rose to approve a Joint Election Agreement between the Town of Trophy Club and Trophy Club Municipal Utility District No. 1, including the amendments made to the Election Ordinance, regarding Place 2. Motion passed unanimously without further discussion. Mayor White moved Item 10 up. 10. 2010-97-T Consider and take appropriate action regarding an Ordinance amending Article VIII, "Tree Preservation and Removal", Section 8.08 (G), "Approved Median and Right-of- Way Tree Planting List" of Chapter 12 "Subdivision Rules and Regulations," of the Code of Ordinances of the Town, in order to remove and add trees to the "Approved Median and ROW Tree Planting List", and providing an effective date. The Tree Board made recommendations to amend the Approved Median and ROW Tree List. Tree Board Chairperson, Deandra Pugh explained that the amendments are not significant changes. Pugh thanked the Council for the recent amendments approving more Board members and that she Town Council 17 of 252 Meeting Date: April 12, 2010Town Council 17 of 252 Meeting Date: April 12, 2010 Town Council Minutes dated February 15, 2010 6 would love to have additional members. Pugh stated that the Board is currently working on implementation of educational information. Town Manager Emmons thanked the Tree Board for their hard work. Emmons appreciates that the Live Oak was removed from the list as they have low hanging branches that cause visibility issues. Motion made by Edstrom, seconded by Wilson approving an Ordinance amending Article VIII, "Tree Preservation and Removal", Section 8.08 (G), "Approved Median and Right-of-Way Tree Planting List" of Chapter 12 "Subdivision Rules and Regulations," of the Code of Ordinances of the Town, in order to remove and add trees to the "Approved Median and ROW Tree Planting List", and providing an effective date. Council member Rose suggested the Tree Board consider removing more trees and adding others and provided a list of those trees. Chairperson Pugh invited Council member Rose to participate in the Tree Board meetings. Motion passed unanimously without further discussion. 7. 2010-94-T Consider and take appropriate action regarding financial and variance report dated: a. January 2010 The January 2010 monthly financial report was presented in a format that provides the comparison of monthly and year to date actual amounts to the current fiscal year budget. Town Manager Emmons stated that all departments look good. The Manager’s Office line is over as a result of the November Election. However, in general, to date all looks good. Motion made by Rose, seconded by Edstrom to approve financial and variance report dated January 2010 Motion passed unanimously without further discussion. 8. 2010-92-T Consider and take appropriate action regarding the approval of Resolutions authorizing the submission of grant applications as follows: Both of these programs would be new grants and, if funded, would be funded at 100% the first year, 80% the second year, and 60% the third year. As it stands now, two additional years could be requested but would be funded at no more than 40% each year. Officials of NISD have contacted Staff regarding a Resource Officer and indicated that they are willing to partially fund one Officer next fiscal year. The activity Staff has experienced at the four schools indicates that there is a significant need for one full-time Resource Officer at the high school and one Resource Officer to work primarily with the middle and elementary schools, while still performing the investigative work that our current SRO/Juvenile Investigator performs. The deadline for applications is March 5, 2010. Staff respectfully requested approval of these resolutions. A. A Resolution approving the submission of the grant application for the High School Resource Officer Program for the 2010-2011 fiscal year, designating the Town Manager as the authorized official for the Town, and authorizing the Town Manager or his designee to execute all necessary documents. B. A Resolution approving the submission of the grant application for the School Resource Officer/Juvenile Investigator Program for the 2010-2011 fiscal year, designating the Town Manager as the authorized official for the Town, and authorizing the Town Manager or his designee to execute all necessary documents. Town Council 18 of 252 Meeting Date: April 12, 2010Town Council 18 of 252 Meeting Date: April 12, 2010 Town Council Minutes dated February 15, 2010 7 Motion made by Edstrom, seconded by Wilson to approve both grant application submissions for the School Resource Officer Program for the 2010-2011 fiscal year and the School Resource Officer/Juvenile Investigator Program for the 2010-2011 fiscal year, designating the Town Manager as the authorized official for the Town, and authorizing the Town Manager or his designee to execute all necessary documents. Council member Rose questioned the funding of the position. Town Manager Emmons explained that the Grants would fund 100% the first year, 80% the second year, and 60% the third year. Two additional years could be requested but would be funded at no more than 40% each year. Officials of NISD have contacted Staff regarding a resource officer and indicated that they are willing to partially fund one officer next fiscal year. Emmons concluded, if funded, it will not impact the next fiscal year. Motion passed unanimously without further discussion. 9. 2010-98-T Consider and take appropriate action authorizing the expenditure of GASB funds not to exceed $15,774.00 for repair and resurfacing of the small Trophy Club community pool and authorizing Town Manager Emmons or his designee to execute necessary documents. Both the Town and EDC 4A have contributed to the GASB line for the purpose of infrastructure repair and replacement at the pool facility. The monies will be used this year to move ahead with the resurfacing of the small pool as anticipated and work on the main pool in the 2011-12 budget year. Motion made by Edstrom, seconded by Rose authorizing the expenditure of GASB funds not to exceed $15,774.00, with a 10% overage contingency if necessary, for repair and resurfacing of the small Trophy Club community pool and authorizing Town Manager Emmons or his designee to execute necessary documents. Motion passed unanimously without further discussion. 11. 2010-103-T Consider and take appropriate action regarding a Resolution approving a sole source purchase from Innoprise Software, Inc.; and providing an effective date. Mayor White explained that this software will replace the current Financial System. The Innoprise Web Based Suite of Local Government Software Applications is available only though the sole source provider, Innoprise Software, Inc. A “sole source” or proprietary purchase is allowed under State purchasing laws and the Town’s purchasing policy when a product or service has a unique feature that is not shared by others or provides a compelling distinction which sets one vendor apart from another in the marketplace. White explained that the system is integrated and removes manual entry and pulls over the Town’s historical data. Town Manager Emmons stated that this process was started last May in conjunction with budget. Staff needs a system that will better help with the compliance of the Charter Requirements while still being user friendly. Motion made by Rose, seconded by Edstrom approving a Resolution approving a sole source purchase from Innoprise Software, Inc.; and providing an effective date. Motion passed unanimously without further discussion. 12. 2010-100-T Consider and take appropriate action regarding the Intergovernmental Contract for Employee Services between the Town of Trophy Club and TCMUD No. 1. Town Council 19 of 252 Meeting Date: April 12, 2010Town Council 19 of 252 Meeting Date: April 12, 2010 Town Council Minutes dated February 15, 2010 8 Town Manager Emmons spoke to the proposal that he presented to the SEMO Group earlier that day. Emmons stated that there are some discrepancies in what the actual costs of the benefits might be. Emmons said that he had a positive feeling after the meeting. Town Attorney Adams confirmed that the MUD Agenda is posted for a potential Town Council Quorum. Mayor White stated that the SEMO group promised to provide a copy of the Financial RFQ. It was determined that the RFQ did not exist and was an estimate only. Therefore Town Manager Emmons submitted a proposal based on that information. Council member Wilson commented on the Organization Chart and the MUD Manager falling under the Town. Town Manager Emmons explained that this represents the MUD Manager as an employee of the Town, thus eligible to receive all of the insurance benefits, TMRS, etc. Town Manger Emmons said that it will take some finesse and cooperation on both parties. Council member Wilson questioned if the organization chart, as presented might throw a kink in the plan. Mayor White suggested adding a note to the chart explaining the dotted line as operational and represents the contractual agreement. Council member Wilson explained that the Town needs to finesse and be humble when presenting their proposal to the MUD Board as the Town is, in essence interviewing for a job. Town Manager Emmons and Mayor White agreed and added that the Town is offering a service and that there is a tradeoff. Hopefully, the governing bodies will look at this as a opportunity to move things forward. Council member Rose commented that the dotted line from the shared employees to the MUD Manager should go away. Town Manager Emmons explained that the dotted line represents the contractual obligation. Council member Rose understood, but stated that the services, communications and direction needs to be clarified. No action taken. 13. 2010-96-T Items for Future Agendas. Council member Rose retracted Item 12, Consider and take appropriate action regarding contents of permit application. (Rose 2/1/10) Mayor White clarified that the Tree Board did not wish to expand their scope regarding Beautification. Tree Chair, Deandra Pugh stated that the Board would be willing to take on duties if clearly defined by the Council; however the additional duties were not specific. Council member Wilson stated that considering this was her item she will forward a list of duties for the Tree Board to consider. Council member Wilson hopes that the Council will keep an eye on Item 3, The Library Focus Group and Item 4, Culvert issues on Skyline Park and said that it is okay to remove Item 5, To receive a report from Town Manager Emmons regarding option to alleviate the congestion of games/practices on the baseball and the parking issues, Item 7, Discussion of the concept for term limits for Committees and Item 9, Issuance of debt as it relates to the Park Bond Election. Wilson asked the Council to add back an Item discussing the lakes/ditches. 14. 2010-95-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Mayor White provided a brief update on her attendance at the following meetings and events: - February Chamber Luncheon - Northeast Leadership Forum - NCP Meeting Town Council 20 of 252 Meeting Date: April 12, 2010Town Council 20 of 252 Meeting Date: April 12, 2010 Town Council Minutes dated February 15, 2010 9 - NLF Mayor's Roundtable Dinner - Coming Soon: Please join U.S. Congressman Michael C. Burgess for a Trophy Club/Roanoke Town Hall Meeting on Saturday, February 27, 2010 at 10:00 a.m. The Town Hall meeting will be conducted at the Byron Nelson High School Auditorium. Mayor Pro Tem Strother commended Mayor White for taken such an active role and participating in all of the meetings and events. Council convened into Executive Session at 10:23 P.M. EXECUTIVE SESSION 15. 2010-101-T Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Town Attorney - Patricia Adams Council reconvened into Regular Session at 11:30 P.M. RECONVENE INTO REGULAR SESSION 16. 2010-102-T Consider and take appropriate action relative to the discussion held in Executive Session, File ID 2010-101-T. No action taken. ADJOURN Motion to adjourn made by Wilson, seconded by Edstrom. Meeting Adjourned at 11:30p.m. ____________________________ ___________________________ Lisa Hennek, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 21 of 252 Meeting Date: April 12, 2010Town Council 21 of 252 Meeting Date: April 12, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-150-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:3/10/2010 Town Council On agenda:Final action:4/12/2010 Title:Consider and take appropriate action regarding the Minutes dated March 8, 2010. Attachments:March 8, 2010 Minutes.pdf Action ByDate Action ResultVer. Town Council 22 of 252 Meeting Date: April 12, 2010Town Council 22 of 252 Meeting Date: April 12, 2010 12010-150-T Version:File #: Title Consider and take appropriate action regarding the Minutes dated March 8, 2010. Town Council 23 of 252 Meeting Date: April 12, 2010Town Council 23 of 252 Meeting Date: April 12, 2010 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, March 8, 2010 7:00 PM Svore Municipal Building Boardroom STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, March 8, 2010. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Glenn Strother Mayor Pro Tem Susan Edstrom Council Member Philip Sterling Council Member Bill Rose Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief Kathy DuBose Finance Director Carolyn Huggins Planning and Zoning Manager Adam Adams Parks Director Mayor White announced the date of March 8, 2010, called to order and announced a quorum at 7:04 p.m. Invocation offered by Council member Sterling. Pledges led by Council member Rose. CITIZEN PRESENTATIONS: Deandra Pugh, 2 Chimney Rock – Presented for ASA Liaison Wanda Franklin, announcing two informational meetings scheduled for March 9, 2010 at 10:00 a.m. and 7:00 p.m. Ms. Pugh invited anyone wanting to participate in ASA. Sandra Ludwig, 130 Carnoustie Drive – Spoke in favor of a dog park. CONSENT AGENDA Mayor White pulled Item 3 as requested by Staff. Town Council Minutes dated March 8, 2010 1Town Council 24 of 252 Meeting Date: April 12, 2010Town Council 24 of 252 Meeting Date: April 12, 2010 1. 2010-12-T Consider and take appropriate action regarding the Minutes dated January 4, 2010. 2. 2010-52-T Consider and take appropriate action regarding the Minutes dated January 25, 2010. 3. 2010-91-T Consider and take appropriate action regarding the Minutes dated February 1, 2010. Motion made by Edstrom, seconded by Strother to approve the Consent Agenda, Items 1 – 3, with the corrections made to the January 25, 2010 Minutes. Motion passed unanimously without any discussion. 4. 2010-133-T Consider and take appropriate action amending Ordinance 2010-05 calling Joint/General/Special Election for May 8, 2010 for the purpose of specifying dates, times, and locations for early voting by personal appearance. Considerar y adoptar medidas apropiadas que modifica la Ordenanza 2010-05 llamando a la elección en Conjunto/ General/ Elección Especial el 8 de Mayo, 2010 con el propósito de especificar fechas, horas y ubicaciones para la votaci ón anticipada en persona. Mayor White stated that Section 8 of the English Ordinance listed March 3rd as the last date to file and it should be March 8th. The Spanish Ordinance is correct. Motion made by Edstrom, seconded by Rose to approve the Ordinance 2010-05 calling Joint/General/Special Election for May 8, 2010 for the purpose of specifying dates, times, locations for early voting by personal appearance and changing Section 8 of the English Ordinance to March 8, 2010. Motion passed unanimously without any discussion. PROCLAMATIONS 5. 2010-108-T Consider and take appropriate action regarding a Proclamation proclaiming March 14 - 20, 2010 as Poison Prevention Week. Mayor Pro Tem Strother read the proclamation. Motion made by Edstrom, seconded by Strother proclaiming March 14 - 20, 2010 as Poison Prevention Week. Motion passed unanimously without any discussion. 6. 2010-109-T Consider and take appropriate action regarding a Proclamation of Fair Campaign Practices for the May 8, 2010 Election. Council member Rose stated that he reviewed the Proclamation as presented in the packet and noticed that it is only applicable to incumbents running for Council and should apply to all council members. The Council did not object. Mayor Pro Tem Strother read the revised proclamation as presented by Council member Rose. Town Council Minutes dated March 8, 2010 2Town Council 25 of 252 Meeting Date: April 12, 2010Town Council 25 of 252 Meeting Date: April 12, 2010 Motion made by Edstrom, seconded by Rose proclaiming Fair Campaign Practices for the May 8, 2010 Election. Motion passed unanimously without any discussion. PUBLIC HEARING OPENED AT 7:17 P.M. 7. 2010-104-T Public Hearing to Consider Site Plan approval for a new Fire Station to be built on the site of the existing Fire Station, located at Lot 1, Block 1, Municipal Utility District No. 1 Complex, including a Landscape Plan and Plant List, Irrigation, and Building Elevations. Applicant: Municipal Utility District No. 1, represented by BRW Architects and Fire Chief Danny Thomas. (SP-09-011) Fire Chief Thomas stated that the Fire Department is 25 years old and introduced Ray Holiday and Matt Faulkner from BRW Architects. The Architects presented the Site Plan, Landscape Plan and Plant List, Building Elevations, Lighting, Retaining Wall/Fencing between Residential and Fire Station Site and Center Medians. Staff recommends approval of the Fire Station Site Plan, Landscape and Irrigation Plan, and Building Elevations. Conrad Sharp, 102 Summit Cove – Spoke in favor. Vicki Hardy, 7 Jennifer Court – Spoke in favor. Lou Opipare, 32 Crestwood Drive – Spoke in favor. PUBLIC HEARING CLOSED AT 7:34 P.M. REGULAR SESSION 8. 2010-113-T Consider and take appropriate action regarding the Audit and Annual Financial Report dated September 30, 2009. Finance Director, Kathy DuBose pointed out several Fiscal Highlights. John Daborow and John Hayes from Weaver and Tidwell made four recommendations to the internal controls: 1) The Town evaluate the benefits of preparing its own financial statements at year end against the cost to do so. 2) The Town segregate the duties of processing payments and entering new vendors into the payables system. 3) That department head purchasing card transactions be reviewed and approved by someone in upper management. 4) That the capital assets software be updated to reflect all capital assets activities on a regular basis and that the subsidiary ledger be reconciled to the capital assets acquisitions and dispositions recorded in the general ledger at least semi-annually. The auditor further recommended that any reconciling items noted should be researched and resolved on a timely basis. Director of Finance, Kathy DuBose stated that Management agreed with the recommendations, and have already begun implementing changes to address items 2, 3 and 4. DuBose also stated that due to the financial impact of item 1, it would be discussed during the upcoming budget process. Town Council Minutes dated March 8, 2010 3Town Council 26 of 252 Meeting Date: April 12, 2010Town Council 26 of 252 Meeting Date: April 12, 2010 Motion made by Edstrom, seconded by Sterling accepting the Audit and Annual Financial Report dated September 30, 2009. Motion passed unanimously without any discussion. 9. 2010-139-T Review, consider and take appropriate action regarding the timetable and regarding authorization for the Town's Financial Advisor, Southwest Securities, the Town's Bond Counsel, Vinson & Elkins, and Town officials to proceed with the bond issuance process related to the $5 million Park Improvements. Mayor White stated on November 3, 2009 voters approved a $5 million bond election for park improvements. The attached timetable details the bond issuance process going forward with the plan to review competitive bids and authorize sale of the bonds at the April 26, 2010 regular Council meeting. On January 19, 2010, the Council approved a reimbursement resolution enabling Management to go forward with some of the preliminary expenses associated with the park projects. The Resolution allows us to use a portion of our General Fund unallocated fund balance and reimburse those expenditures with the proceeds of the bonds, once issued. The bonds are scheduled to be issued at the April 26, 2010 Council Meeting. Town Manager Emmons said the primary reason for this item is to provide an update and to ask the Council for direction regarding the Bond Issuance. Emmons stated two key dates as: April 15, 2010 Rating meeting and tour with Moody’s and S&P and April 26, 2010 as a Regular Town Council meeting to review bids for the Bonds and adopt the Ordinance authorizing and selling the Bonds. Council member Rose confirmed that Town Manager Emmons is comfortable with the timeline. Larry Lentzner, 303 Ridgeview Lane – Spoke in favor of the bond issuance and thanked the Staff and Council for their support. Motion made by Edstrom, seconded by Rose authorizing the Town's Financial Advisor, Southwest Securities, the Town's Bond Counsel, Vinson & Elkins, and Town officials to proceed with the bond issuance process related to the $5 million Park Improvements. Motion passed unanimously without further discussion. 10. 2010-105-T Consider and take appropriate action regarding Site Plan approval for a new Fire Station to be built on the site of the existing Fire Station, located at Lot 1, Block 1, Municipal Utility District No. 1 Complex, including a Landscape Plan and Plant List, Irrigation, and Building Elevations. Applicant: Municipal Utility District No. 1, represented by BRW Architects and Fire Chief Danny Thomas. (SP-09-011) Planning and Zoning Chair, Gene Hill stated that on February 18, 2010 the Planning and Zoning Commission took under consideration the Site Plans for a new Fire Station to be built on the site of the existing station, including a Landscape Plan and Plant List, Irrigation and building elevations. Fire Chief Danny Thomas introduced the proposal and the architectural firm’s representatives. The architectural firm’s personnel made their Power Point presentation of the proposed Fire Station, previewing proposed parking areas, exterior renderings and floor plans for included truck bays, administrative facilities, living accommodations, safety elements, power sources, etc. Town Council Minutes dated March 8, 2010 4Town Council 27 of 252 Meeting Date: April 12, 2010Town Council 27 of 252 Meeting Date: April 12, 2010 Through their discussions, the Commissioners determined that the designed facility will provide appropriate ingress and egress for the vehicular equipment, adequate drainage for storm waters, provisions for all necessary emergency power sources, etc., and that the Fire Station is architecturally appropriate for this location. Town Council approval of the proposed Site Plan for the new Fire Station is recommended by the Commission on a unanimous vote of 7 favoring, none opposed. Planning Manager Carolyn Huggins confirmed that grading plans were approved by the Town Engineer, prior to going to the Planning and Zoning Commission. Council member Rose suggested that the landscape and irrigation plan come back at a later time for the Council to review. Planning Manager Huggins explained that the Municipal Utility District is exempt from the landscape requirement. The landscape was reviewed thoroughly and she would be reluctant to change the plan. Council member Rose asked that the Council review the landscape plan and suggested his preference to have the area zero-scaped and had concerns about the Leland Cypress. Town Attorney Patricia Adams confirmed that the Municipal Utility District does not have to change the landscape plan. Parks Director Adam Adams said the Lelands are a fast growing tree and might have some space issues. Mayor White confirmed that the landscape plan is not for Council’s consideration under the Site Plan and that Council is not approving the landscape plan, it was added only for Council’s information. Motion made by Edstrom, seconded by White approving the Site Plan approval for a new Fire Station to be built on the site of the existing Fire Station, located at Lot 1, Block 1, Municipal Utility District No. 1 Complex. Council member Rose offered a substitute motion, approving the Site Plan approval for a new Fire Station to be built on the site of the existing Fire Station, located at Lot 1, Block 1, Municipal Utility District No. 1 Complex, excluding the landscape plan, plant list and irrigation plan including in the packet. Mayor White confirmed that the landscape plan (plant list and irrigation plan) are not part of the Site Plan and therefore doe not need to be excluded from the motion. Substitute motion failed for a lack of a second. Motion passed unanimously without further discussion. 11. 2010-77-T Consider and take appropriate action regarding granting a Special Privilege Request to the Trophy Club Women’s Club to hold two Community Garage Sale Events in 2010. Applicant: Dianne Rabbe, President, and Kathy Carlton, Garage Sale Chair, on behalf of Trophy Club Women's Club. Representing the Trophy Club Women’s Club (TCWC), Diane Rabbe, TCWC President stated that two Community Garage Sale Events will be conducted on Saturday, April 10, 2010 and Saturday, October 9, 2010. Each event will be held from 8:00 a.m. to 2:00 p.m., without provision for alternate rain days. Ms. Rabbe requested the permit fee be waived. Town Council Minutes dated March 8, 2010 5Town Council 28 of 252 Meeting Date: April 12, 2010Town Council 28 of 252 Meeting Date: April 12, 2010 Planning and Zoning Chair, Gene Hill advised that as required by ordinance, the Police Chief has reviewed this request and given DPS approval. The Commission recommends approval of the Women’s Club request by a unanimous vote of 7 in favor, none opposed. The Commission also supports the Women’s Club request for waiver of the $25 per event fees. Motion made by Edstrom, seconded by Rose granting a Special Privilege Request to the Trophy Club Women’s Club to hold two Community Garage Sale Events in 2010 and waiving the $25 per event fee. Motion passed unanimously without any discussion. 12. 2010-129-T Consider and take appropriate action regarding an Ordinance amending the FY09-10 Budget in accordance with the Town Charter (Budget Amendment No. 2) making a supplemental appropriation for the purchase of land for a water tower, the repair and resurfacing of the small Trophy Club pool, and the use of beautification funds; and providing an effective date. Mayor White stated on November 3, 2008 the Town Council authorized the purchase of 1.723 acres from Northwest ISD for the purpose of constructing a 500,000 gallon elevated water storage facility. On June 8, 2009 the Town of Trophy Club and NISD entered into a real estate contract for the purchase of the water tower site not to exceed $108,500. The closing on the property occurred on February 26, 2010 and with closing costs, the total amount expended was $110,626. The funds to complete this transaction will come from the PID Restricted Reserve Fund. The repair and resurfacing of the pool may be funded with GASB Reserves. The total amount needed for that project is $17,400. The Town has had a beautification account for several years and has previously used funds to purchase patriotic signage and pole brackets. Additional funding in the amount of $7,852 is now needed to purchase additional banners and brackets for year round use. This item is funded with Beautification Reserves. Council member Edstrom confirmed that bricks may still be purchased for the Clock Tower even though the Town does not own the land. Town Manager Emmons added that bricks recognizing Citizen of the Year have been added. Motion made by Edstrom, seconded by Strother approving an Ordinance amending the FY09-10 Budget in accordance with the Town Charter (Budget Amendment No. 2) making a supplemental appropriation for the purchase of land for a water tower, the repair and resurfacing of the small Trophy Club pool, and the use of beautification funds; and providing an effective date. Council member Rose confirmed that this pool repair takes care of the structural crack. Parks Director Adam Adams said that it should be sufficient as the pool is not currently losing water. Motion passed unanimously without any discussion. 13. 2010-140-T Consider and take appropriate action regarding an Ordinance amending the FY09-10 Budget (Budget Amendment No. 3) making appropriations for the cost of the November, 2009 park bond election and for costs associated with the expansion of the parking lot at Harmony Park. Town Council Minutes dated March 8, 2010 6Town Council 29 of 252 Meeting Date: April 12, 2010Town Council 29 of 252 Meeting Date: April 12, 2010 Mayor White stated that the November Park Bond Election invoiced us a $13,000 expense and the Town expects a slight refund of approximately $1,300. There is potential for a May run-off election which will also increase the election cost. Town Manager Emmons explained the Fiscal Year 2009-2010 General Fund Expenditure Budget Increase specified below is a result of costs associated with the November, 2009 Park Bond Election and the completion of the expansion of the Harmony Park parking lot. Original Budget Amendment Amended Budget Election $ 10,660 $ 13,300 $ 23,960 Harmony Park Capital Expense $ -0- $ 13,800 $ 13,800 Town Manager Emmons stated that this Item is important to comply with the Charter. The Council agreed that this was a "supplemental appropriation" and that funding was coming from reserves. Because the base proposal only increased the budget line items without a source of funds, we need to include a "supplemental appropriation and funding source was general reserves" statement. Motion made by Edstrom, seconded by Rose approving an Ordinance amending the FY09-10 Budget (Budget Amendment No. 3) making appropriations for the cost of the November, 2009 park bond election and for costs associated with the expansion of the parking lot at Harmony Park Motion passed unanimously without further discussion. 14. 2010-138-T Consider and provide input regarding Freedom Park amenity options, establishing a construction schedule, and funding options. Town Manager Emmons said that this item’s purpose is to keep Council up to date on the capital projects. This project will utilize two funding streams: PID and the soon to be issued 2010 General Obligation Bonds. Council member Edstrom stated the sub-committee met Friday and reviewed the funds and current engineering costs. The sub-committee allocated funds and came up with new numbers which will still include all the amenities, however the timeline needs to be adjusted. The delay of Freedom Park will allow the Town Engineer to move forward with Northwest Park. The original estimate for the dog park was $250,000 for this section only. Edstrom ensured people that Council was supportive of a dog park; however a key catalyst for putting the Bond together was for additional sports fields. Edstrom requested the sub-committee realign the plans to be closer to that of the original plan. Mayor White clarified that Freedom Park is only delayed as the Bond was presented for sports and dog park amenities. White suggested a sub-committee to look at the dog park. Park Member Larry Lentzner, 303 Ridgeview Lane - Explained that Freedom Park is still on the radar; however the sub-committee is waiting on the bid numbers from Northwest Park before moving forward on Freedom Park. Town Council Minutes dated March 8, 2010 7Town Council 30 of 252 Meeting Date: April 12, 2010Town Council 30 of 252 Meeting Date: April 12, 2010 Sandra Ludwig, 130 Carnoustie Drive – Supports a dog park and suggested that the park need not be super fancy and requested it be maintained with organic as opposed to chemical fertilizer and pest control. Ms. Lugwig mentioned several dog parks that should be visited. Council member Edstrom thanked Town Engineer Rutledge for putting together options. Input only, no action. 15. 2010-128-T Consider and take appropriate regarding the award/rejection of bids for the Spray Pad, apparent low bidder Ridgemont Company, in an amount not to exceed $1,198,712 and authorizing Town Manager Emmons or his designee to execute all necessary documents. Mayor White said that this bid came in higher than the estimates due to the additional reconstruction of the present entrance. Town Manager Emmons stated that bids were opened on February 23, 2010 and received seven separate bids that qualified. Mayor White asked Town Engineer, Tom Rutledge if he was comfortable with Ridgemont receiving the bid. Mr. Rutledge said that he was. Park Board Chair, J.D. Stotts, 1 Narrow Creek Court – Stated that the overall numbers remaining from Northeast Park and the Spray Park are still in the black. Parks Director Adam Adams said this will be a magnet to everyone in the community. Adams anticipates a grand opening around July 4, 2010 as the project will begin next week. Mayor White requested a chart of the status and costs of Northwest Park. JD Stotts and Town Manager Emmons both expressed that it was too early to give cost estimates. J.D. Stotts said the $3.7 million easily covers what Carter and Burgess put forth for Northwest Park. Mayor White supports the splash park and asked that staff keep it in balance so that there is money for the other parks and amenities. J.D. Stotts thanked the Council for the time and recognized the other members of the Park Board Motion made by Edstrom, seconded by Rose awarding bids for the Spray Pad, apparent low bidder Ridgemont Company, in an amount not to exceed $1,198,712 and authorizing Town Manager Emmons or his designee to execute all necessary documents. Mayor Pro Tem Strother confirmed that Alternate 1 is with the time extension; starting construction next week with final acceptance June 15, 2010. Without the extension it would have been six months out. Motion passed unanimously without further discussion. 16. 2010-93-T Consider and take appropriate action regarding the purchase of a 2011 Ford F250 XL Super Crew Truck for the Parks department, and authorizing the Mayor or her designee to execute necessary documents. Town Council Minutes dated March 8, 2010 8Town Council 31 of 252 Meeting Date: April 12, 2010Town Council 31 of 252 Meeting Date: April 12, 2010 Motion made by Strother, seconded by Edstrom approving the purchase of a 2011 Ford F250 XL Super Crew Truck for the Parks department, and authorizing the Mayor or her designee to execute necessary documents with the revised quote not to exceed $27,787. Council member Rose said that when he ran the numbers he pulled in numbers approximately $11,000 more, so Staff did a great job. Town Manager Emmons said that the budget will not need to be amended. Motion passed unanimously without further discussion. 17. 2010-134-T Consider and take appropriate action regarding the SEMO report and/or the Intergovernmental Contract for Employee Services between the Town of Trophy Club and TCMUD No. 1. Mayor White said that the proposal the Town made to TCMUD No. 1 previously, was turned down. TCMUD No. 1 is determined to have their own Finance and Human Resources and suggested the Council look at option two which combines all employees and the Town provides HR for Fire and EMT and Payroll for everyone. Town Manager Emmons said after TCMUD No. 1 met in February, where option E was approved, he spoke with MUD Manager Robert Scott, asking that MUD Manager Scott continue to work with him on the best scenario. The Option being presented tonight is based on Town Manager Emmons and MUD Manager Scott’s discussion and is a derivative of Option 2. This is a lease agreement, where all 15 employees are under the total control of the MUD Manager, but they are still considered Town employees in order to continue receiving the Town benefits. The departmental cost to provide Payroll and HR portions to the MUD District is roughly $45,653 this year and $47,479 next fiscal year with a cost of living increase. Emmons questioned who would be paying the remaining shared employees salaries, who would be responsible for the administrative overhead for those employees, and who will still be providing a benefit to the MUD organization. Emmons stated that TCMUD No. 1 requested a proposal for payroll services and agreed to continue paying for the Fire Department Administrative Assistant, Permit Clerk and the IT Department and will have one person solely dedicated as their Finance person. Emmons questioned how this one Finance person will provide sufficient backup every day of the work week, every week of the year. Emmons said that he proposed an annual quote of approximately $18,068/year, based on the cost to provide one employee from the Town Staff to perform in the absence of the TCMUD No. 1 Finance employee. The SEMO group did not receive this well and want to calculate on an hourly basis. Mayor White said that this option is a means to minimize the Town’s loss. If the Town and TCMUD No. 1 separate it will likely increase the employee’s insurance cost, create issues with the employees’ TMRS and will cost the residents more money. Given the fact that the MUDs want to separate, this is one option that may minimize the impact to the residents and employees. Council member Rose stated that there is a question about workload amongst employees and the differences as the Town Manager Emmons has expressed. However, when you transfer a cost from TCMUD No. 1 to the Town, you transfer the cost from a larger tax base or larger water user base to a smaller tax base, therefore for the same amount cost in the left hand you are going to wind up paying more in the right hand, that is if the he basic number was the same across the board. Rose questioned the current Employment Lease Agreement and said that it is not defined. Under the current Agreement, the District Manager has operational control and the payroll services and health insurance is provided by the Town. Rose does not encourage a split and yet he understands the problem with shared employees and two bosses. Town Council Minutes dated March 8, 2010 9Town Council 32 of 252 Meeting Date: April 12, 2010Town Council 32 of 252 Meeting Date: April 12, 2010 Mayor White said that both she and Town Manger Emmons worked really hard at TCMUD No. 1’s February meeting and could not make it work. Mayor White stated that this offer, again, is not what she likes however is the best option at this time. White does not feel that TCMUD No. 1 completely understands all of what the Town does and this option will not be as much of an interruption and easier to put back together. Council member Edstrom stated that the Town currently provides these services to the MUD and the Town does it well. Certain issues have been identified and the Town is working towards improving these areas. Edstrom said that the Town should be negotiating from a position of strength and that the Town needs to be working and making decisions that are in the best interest of the Town. The Council discussed the Town’s proposal for contract services at a flat fee as opposed to hourly. Mayor White tried to sell the flat fee and took a pretty firm stand. White said that she was very confident with the proposal and was very frustrated with TCMUD No. 1’s response. Bob Radder, 1 Lee Court – Advised the Council that there are legal ramifications with leased employees. Radder questioned how much would it cost the Town and what the potential savings would be. Mayor White said that at this time Fire/EMS, will not be impacted and cautioned the Council that they needed to be careful not to impact the other employees as well. White said that the Town presented TCMUD No. 1 with a really good proposal. Council member Edstrom commented that the Town is not the catalyst for what will happen to the employees. Mayor Pro Tem Strother said that all scenarios and options pose an impact to the employees. Strother stated that the current option will allow TCMUD No. 1 to save money and be able to reduce taxes’ however the Town’s expenses and ultimately taxes will increase. Regardless of the pocket, Town or MUD, it is ultimately affects the resident’s pocket. Council member Rose said that once again the Council has a proposal in their hands that was not approved or directed by the TCMUD No. 1. Rose said that the Council and TCMUD No. 1 need to meet again. Council member Edstrom suggested the Town provide a standard set of SLAs and requested that Town Attorney Patricia Adams put together the details of the standard SLAs. Town Manager Emmons said the thought one governing body penalizing the other within the same community is ridiculous. Town Manager Emmons explained that Finance functions are so intertwined on a daily basis. Emmons stated that Finance is only one of the administrative functions. Utility Bills include garbage and drainage rates, which Finance separates accordingly. Has TCMUD No. 1 considered billing the residents separately? Emmons questioned if TCMUD No. 1 truly realizes the intertwining of job functions and cautioned that splitting will cost a lot of money. Mayor White said that is why she feels this is the best option right now, until this is realized, this option is the less expensive. Council member Sterling does not feel this will get any better as the MUD jammed a big hole in the Town and now the Town has to fix the hole. Sterling favors status quo as the best option only if TCMUD No.1 can be agreeable of the certain criterion expected from the Town. Steven Kohs, 1 Overhill Drive - Stated as a citizen that the Mayor is correct and the MUD Directors are not listening. After the May election there might be new ears who may realize that we are all the same tax payer, residents, friends and the Town needs to negotiate and operate from strength. Town Council Minutes dated March 8, 2010 10Town Council 33 of 252 Meeting Date: April 12, 2010Town Council 33 of 252 Meeting Date: April 12, 2010 Council member Edstrom said that former Administration has worked very hard to build a joint partnership. The residents vote to consolidate the MUDs was not a vote for the MUDs to completely split from the Town. Edstrom stated that another Joint Session needs to be held onsite, and be recorded so that the residents can see the detriment that a split will cause. People need to realize that the Council is making a concerted effort to make this work. Mayor Pro Tem Strother agreed that in an effort to move forward there are certainly differences that the residents need to hear. These changes will go live October 1, 2010 and there is still time to reach a compromise. Strother feels that there was some progress at the last Joint Session, yet feels that a sub-committee from each might help speed up a compromise that works for all. Mayor White stated that neither entity can wait until after the election to start the budget process. White said that some of Strother’s suggestions have already been tried. White said that she has heard from both the Town Manager and MUD Manager that they reach an agreement that the SEMO group changes after the fact. Bill Armstrong, 18 Avenue 20 – Asked who of the 10 MUD Directors are causing all of the problems. Mayor White said that the vote to separate from the Town was unanimous, of the Director who were present. Mayor White said that there is an unwillingness to look at the work that has been made and then determine what is best. Council Edstrom appreciated Mayor White’s comments and said that she thought TCMUD No. 1 would have changed their mind with one of their own now at the helm. Town Manager Emmons advised that it is not just Finance affected but also HR and possibly permitting affected too. No action taken. 18. 2010-112-T Consider and take appropriate action scheduling quarterly Special/Joint Sessions with Trophy Club MUD 1 as discussed on February 6, 2010. Mayor White suggested that the Council ask Trophy Club MUD No. 1 at their next meeting to consider another joint session. Mayor Pro Tem Strother said that the Council first needs to see if the TCMUD No. 1 is willing to meet, prior to scheduling a meeting. Strother reiterated that it is too difficult to try and get 16 people to agree and suggested that a sub-committee of each board first negotiate details to be presented to the entire group. Mayor Pro Tem Strother and Council member Rose agreed to participate in meeting with the SEMO Committee prior to planning quarterly meetings. Council directed Town Manager Emmons to work on specific issues/questions with MUD Manager Robert Scott. No action taken. 19. 2010-111-T Consider and take appropriate action regarding Citizen Contact Report for 2009. (Racial Profile Report) Motion made by Edstrom, seconded by Strother accepting the Citizen Contact Report for 2009. (Racial Profile Report) Town Council Minutes dated March 8, 2010 11Town Council 34 of 252 Meeting Date: April 12, 2010Town Council 34 of 252 Meeting Date: April 12, 2010 Council member Sterling said this report, while a good intent, does the exact opposite of what the report it supposed to do. Mayor White and Mayor Pro Tem Strother explained that the report is mandated by Legislation. Motion passed unanimously without any discussion. 20. 2010-131-T Town Manager Emmons to provide an update on Bobcat Blvd; discussion of same. Town Manager Emmons stated estimated completion date is mid-May. Update only, no action. 21. 2010-137-T Consider and take appropriate action appointing a member of Council to serve as a liaison to TCMUD No. 1; discussion of same. Mayor White would like TCMUD No. 1 to provide a MUD Liaison to Council as well. Council member Rose said that he generally attends the TC MUD No. 1. Mayor Pro Tem Strother and Council member Sterling recommended Council member Rose to serve as a liaison to TCMUD No 1. 22. 2010-116-T Receive a progress report from Council Member Rose regarding the February 16, 2010 TCMUD1 Meeting; discussion of same. Council member Rose reported on the following: 1. Sale of Trophy Club Municipal Utility District No. 1 Unlimited Tax Bonds 2. Election Agreements and Actions 3. Discussion regarding restructuring the MUD 1 Rate Order 4. Action taken based on SEMO Committee meetings and findings 23. 2010-115-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Mayor White provided a brief update on her attendance at the following meetings and events: -Northeast Tarrant County Transportation Summit -DFW Connector Groundbreaking -Town 25th Anniversary Meeting -Metroport Cities Partnership -North Texas Super Bowl XLV Host Committee Council of the Mayors -TML Budgeting Performance -Burgess Town Hall Meeting -Community Storehouse Hope Dinner -Chamber Luncheon -City of Euless Roundtable -Vision North Texas Summit 24. 2010-117-T Items for future Agendas. Town Council Minutes dated March 8, 2010 12Town Council 35 of 252 Meeting Date: April 12, 2010Town Council 35 of 252 Meeting Date: April 12, 2010 Town Council Minutes dated March 8, 2010 13 Edstrom requested that the conversation regarding joint services with Byron Nelson occur soon. Council member Rose would like to work with Staff on #7. Consider and take appropriate action regarding an Ordinance amending Chapter 3 of the Code of Ordinances entitled "Buildings and Construction" of Article XV, entitled "Swimming Pools. (Rose 2/1/10) ADJOURN Motion to adjourn made by Sterling, seconded by Edstrom. Meeting adjourned at 11:20 p.m. ____________________________ ________________________________ Lisa Hennek, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 36 of 252 Meeting Date: April 12, 2010Town Council 36 of 252 Meeting Date: April 12, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-184-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:3/29/2010 Town Council On agenda:Final action:4/12/2010 Title:Consider and take appropriate action regarding the approval of the final Joint Election Agreement with Denton County. Attachments:FINAL Joint Election for May 2010 - Final.pdf Action ByDate Action ResultVer. Town Council 37 of 252 Meeting Date: April 12, 2010Town Council 37 of 252 Meeting Date: April 12, 2010 12010-184-T Version:File #: Title Consider and take appropriate action regarding the approval of the final Joint Election Agreement with Denton County. Body The Council approved the first Agreement on February 15, 2010 with the understanding that Denton County could not provide definite cost figures until after March 9, once cites determined if they would be canceling their elections. On March 19, Denton County advised that some entities who were part of the original Joint Election Agreement cancelled their elections. Denton County cancelled two Early Voting Sites and two Election Day sites in Lake Dallas City Hall and Argyle Town Hall. The Town and TCMUD No. 1's cost did not change. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 38 of 252 Meeting Date: April 12, 2010Town Council 38 of 252 Meeting Date: April 12, 2010 Page 1 of 10 THE STATE OF TEXAS COUNTY OF DENTON JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and the following political subdivisions that are entirely or the portion that are located inside the boundaries of Denton County: Town of Bartonville Northwest Independent School District City of Corinth Pilot Point Independent School District Town of Cross Roads Ponder Independent School District City of Denton Sanger Independent School District Town of Flower Mound Alpha Ranch Water Control and Improvement District of Denton and Wise Counties Town of Hickory Creek Clear Creek Watershed Authority City of Justin Denton County Fresh Water Supply District No. 1-B City of Krugerville Denton County Fresh Water Supply District No. 1-D City of Krum Denton County Fresh Water Supply District No. 1-E City of Lewisville Denton County Fresh Water Supply District No. 6 City of Oak Point Denton County Fresh Water Supply District No. 7 Town of Shady Shores Denton County Fresh Water Supply District No. 10 City of Southlake Trophy Club Municipal Utility District No. 1 Town of Trophy Club Denton Independent School District Lewisville Independent School District This contract is made pursuant to Texas Election code Sections 31.092 and 271.002 and Texas Education Code 11.0581 for a joint May 8, 2010 election to be administered by Frank Phillips, Denton County Elections Administrator, hereinafter referred to as “Elections Administrator”. RECITALS Each participating authority listed above plans to hold a general and/or special election on May 8, 2010. The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The Contracting political subdivisions desire to use the County’s electronic voting system and to compensate the County for such use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapter 31 and 271 of the Texas Election Code, as amended. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The parties agree to hold a “Joint Election” with each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Denton County Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority Town Council 39 of 252 Meeting Date: April 12, 2010Town Council 39 of 252 Meeting Date: April 12, 2010 Page 2 of 10 agrees to pay the Denton County Elections Administrator for equipment, supplies, services and administrative costs as provided in this agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint Election; however, each participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authorities as necessary. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. Denton County will perform a criminal background check on all employees, including temporary employees, which may program, test, perform maintenance, transport equipment, or perform technical support on the voting system equipment in accordance with Election Advisory No. 2009 and House Bill 2524 and applicable provisions of the Texas Election Code. II. LEGAL DOCMENTS Each participating authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and /or the participating authority’s governing body, charter, or ordinances. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translations to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Denton County Elections Administrator. The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting Rights Act of 1965, as amended. The joint submission prepared by the Elections Administrator will not include submission of information for any special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to prepare their own submissions to the United States Department of Justice for special election procedures or any changes that are specific to their own political subdivision. By signing this agreement, each participating authority certifies that it has no unresolved preclearance or voting rights issues known to it that would preclude or delay Department of Justice Preclearance of the joint election. The Elections Administrator will file an amended submission to the United States Department of Justice in the event that any polling places are changed after the original submission is filed, including changes resulting from the withdrawal of one or more participating authorities pursuant to Section XII of this contract. The Elections Administrator will provide to each participating authority a photocopy of the joint submission and any correspondence from the Department of Justice. Town Council 40 of 252 Meeting Date: April 12, 2010Town Council 40 of 252 Meeting Date: April 12, 2010 Page 3 of 10 III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by each participating city, and shall be compliant with the accessibility requirements established by Election Code 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A. If polling places for the May 8, 2010 joint election are different from the polling place(s) used by a participating authority in its most recent election, the authority agrees to post a notice no later than May 7, 2010 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision’s polling place names and addresses in effect for the May 8, 2010 election. This notice shall be written in both the English and Spanish languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2000 Census shall have one or more election officials who are fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him/her of his/her appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. Town Council 41 of 252 Meeting Date: April 12, 2010Town Council 41 of 252 Meeting Date: April 12, 2010 Page 4 of 10 Election judges and clerks who attend voting equipment training and /or procedures training shall be compensated at the same hourly rate that they are to be paid on election day. The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and 127.006. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, official ballots, voter registration lists, and all forms, signs, maps, and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each participating authority shall furnish the Election Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or propositions(s) are to appear on the official ballot (including titles and text in each language in which the authority’s ball ot is to be printed). Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority’s candidates and/or propositions. The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory shall be arranged in the following order: Independent School District, City, Water District(s), and other political subdivisions. (This is based on population.) Early Voting by Personal Appearance shall be conducted exclusively on Denton County’s eSlate electronic voting system. On Election Day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper ballot that is scanned at the polling place using Denton County’s eScan voting system only if a participating authority choices to use both paper and electronic. Provisional ballots cast on Election Day will be on the eSlate electronic voting system to prevent the possibility of paper provisional ballots from being immediately counted via the eScan ballot scanner. Due to current limitations of the county’s eScan ballot scanners, it is necessary that in the event ballot content for a particular participating authority or joint election ballot style is too lengthy to fit on one page paper ballot, all Election Day voting for that particular authority or ballot style must be held on the county’s eSlate voting system if a participating authority had wished to use both paper and electronic. Town Council 42 of 252 Meeting Date: April 12, 2010Town Council 42 of 252 Meeting Date: April 12, 2010 Page 5 of 10 If a participating authority wishes to use both paper and electronic, the full cost of the paper ballot will be up to that participating authority at each polling location that is shared with other participating authorities that don’t wish to have both paper and electronic. The number of paper ballots printed for Election Day voting shall be, at a minimum, equal to the same Election Day turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per polling place or precinct adjusted upward to end a number divisible by 50. The Election Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for the election as required by the Election Code. VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Elections Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Denton County Elections Administrator or any participating authority shall serve in that capacity without additional compensation. Early Voting by personal appearance will be held at the locations, dates and times listed in Attachment B of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapter 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The Elections Administrator shall provide each participating authority a copy of the early voting report on a daily basis and a cumulative final early voting report following the election. In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day’s early voting activity will be distributed to each participating authority no later than 8:00 AM each business day. VII. EARLY VOTING BALLOT BOARD Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the Election Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central count room to receive and tabulate the voted ballots in accordance with provisions of the Texas Election Code and of this agreement. Town Council 43 of 252 Meeting Date: April 12, 2010Town Council 43 of 252 Meeting Date: April 12, 2010 Page 6 of 10 The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manger: Frank Phillips, Denton County Elections Administrator Tabulation Supervisor: Kesha Woods, Denton County Technical Operations Manager Presiding Judge: Randie Geistman Alternate Judge: Sara Tischler The counting station manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press and general public by distribution of hard copies at the central counting station and by posting to the Denton County web site. To ensure the accuracy of reported election returns, results printed on the tapes produced by Denton County’s voting equipment will not be released to the participating authorities by phone from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. Each participating authority shall be responsible for the official canvass of its respective election(s). The Elections Administrator will prepare the electronic precinct-by precinct results reports for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload these reports for each participating authority unless requested otherwise. The Elections Administrator shall be responsible for conducting the post election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY The Election Administrator agrees to administer the entire Pilot Point Independent School District election including that portion of the ISD that is within Grayson and Cooke County. The Election Administrator agrees to administer only the Denton County portions of the City of Southlake. The Election Administrator agrees to administer only the Denton County portions of the Northwest Independent School District. The Election Administrator agrees to administer the entire City of Lewisville election including that portion of the City of Lewisville that is in Dallas County. The Election Administrator agrees to administer the entire Town of Trophy Club election including that portion of the Town of Trophy Club that is in Tarrant County. The Election Administrator agrees to administer the entire Town of Flower Mound election including that portion of the Town of Flower Mound that is in Tarrant County. Town Council 44 of 252 Meeting Date: April 12, 2010Town Council 44 of 252 Meeting Date: April 12, 2010 Page 7 of 10 The Election Administrator agrees to administer the entire Lewisville ISD election including that portion of the Lewisville ISD that is in Tarrant County. The Election Administrator agrees to administer only the Denton County portions of the Clear Creek Watershed Authority. The Election Administrator agrees to administer the entire Trophy Club Municipal Utility District No. 1 election including that portion that is in Tarrant County. X. RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within 3 business days of the original election. Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the original election and the runoff election shall be submitted by the authority making the change to the United States Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended. Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May 8, 2010 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be Saturday, June 12, 2010. XI. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost per Election Day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally among the total number of polling places. Costs for polling places shared by more than one participating authority shall be pro-rated equally among the participants utilizing that polling place. The participating authorities agree that for billing purposes, each Election Day polling place will be evaluated as to the number of full-time –equivalent (FTE) poll workers employed. Polling places with more than 5 FTE poll workers will be considered as one or more additional polling places with each full or partial multiple of 5 FTE poll workers constituting an additional polling place for purposes of determining the average cost formula in the preceding paragraph. If a participating authority’s election is conducted at more than one election day polling place, there shall be no charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in all of the authority’s polling places is less than the 50% threshold, the participating authority Town Council 45 of 252 Meeting Date: April 12, 2010Town Council 45 of 252 Meeting Date: April 12, 2010 Page 8 of 10 shall pay a pro-rata share of the costs associated with the polling place where it has the greatest number of registered voters. Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non-temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site. Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each participating authority’s voters. Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal to 10 percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 – 2.053 of the Texas Election Code. The withdrawing authority shall pay and is fully liable for any expenses incurred by the Denton County Elections Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus the aforementioned expenses and administrative fee if applicable. It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the remaining participating authorities, with the exception of the early voting site located at the Joseph A. Carroll Administration Building, may be dropped from the joint election unless one or more of the remaining participating authorities agree to fully fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract shall be provided to the remaining participants within five (5) days after notification of all intents to withdraw have been received by the Elections Administrator. Any participating authority that plans to cancel an election must do so by March 17, 2010 at 10:00am. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Town Council 46 of 252 Meeting Date: April 12, 2010Town Council 46 of 252 Meeting Date: April 12, 2010 Page 9 of 10 Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of The Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to notify the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. XIV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority’s official or employee who performs the duties of a secretary unde r the Texas Election Code shall serve as Recount Coordinator. XV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County’s election equip ment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. 2. The Elections Administrator shall file copies of this document with the Denton County Judge and the Denton County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 7. The waiver by any party of a breach of any provision of this agreement shall not operate as, or be construed as, a waiver of any subsequent breach. 8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. XVI. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below. Each participating authority agrees to pay the Denton County Elections Administrator a deposit of Town Council 47 of 252 Meeting Date: April 12, 2010Town Council 47 of 252 Meeting Date: April 12, 2010 Page 10 of 10 approximately 75% of this estimated obligation not later than 15 days after execution of this agreement. The exact amount of each participating authority’s obligation under the terms of this agreement shall be calculated after the May 8, 2010 election (or runoff election, if applicable), and the Elections Administrator shall notify each participating authority if the amount of an authority’s total obligations exceeds the amount deposited, the authority shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections Administrator. However, if the amount of the authority’s total is less than the amount deposited, the Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated. The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall be as follows: Jurisdiction Total Estimate Deposit Due Alpha Ranch WCID of D&W Co. $1,908.09 $.00 Bartonville $2,437.18 $1,827.89 Clear Creek Watershed Authority $3,318.91 $.00 Corinth $3,097.68 $2,323.26 Cross Roads $1,851.47 $.00 DCFWSD#10 $1,824.28 $.00 DCFWSD#1B $1,422.50 $1,066.88 DCFWSD#1D $1,336.77 $.00 DCFWSD#1E $1,371.28 $.00 DCFWSD#6 $1,863.99 $.00 DCFWSD#7 $1,634.95 $.00 Denton $9,346.70 $7,010.03 Denton ISD $13,708.64 $.00 Flower Mound $4,833.50 $3,625.12 Hickory Creek $3,471.97 $.00 Justin $2,242.59 $1,681.94 Krugerville $2,199.18 $.00 Krum $3,284.40 $2,463.30 Lewisville $3,281.63 $2,461.22 Lewisville ISD $34,944.24 $.00 Northwest ISD $6,506.38 $4,879.78 Oak Point $3,621.70 $2,716.28 Ponder ISD $4,112.23 $.00 Pilot Point ISD $2,857.32 $2,142.99 Sanger ISD $4,423.51 $.00 Shady Shores $3,032.26 $.00 Southlake $1,621.49 $1,216.12 Trophy Club MUD1 $1,840.42 $.00 Trophy Club $1,845.92 $.00 Town Council 48 of 252 Meeting Date: April 12, 2010Town Council 48 of 252 Meeting Date: April 12, 2010 City and School Elections ~ May 8, 2010 Early Voting Locations Dates and Times: Monday - Friday April 26 - 30 8am – 5pm Monday – Tuesday May 3 – 4 7am – 7pm Lewisville Municipal Annex Carrollton Public Library Krum ISD Admin. Building 1197 W. Main Street, Lewisville 4220 N. Josey, Carrollton 809 E McCart, Krum Heritage Lakes Club House Justin Municipal Building Highland Village City Hall 3949 Village Blvd., Frisco 415 N. College, Justin 1000 Highland Village Rd. Highland Village Friendship Baptist Church 4396 Main, The Colony The following early voting locations will ONLY be open the dates and times listed: Joseph A. Carroll Admin. Building Corinth City Hall 401 W. Hickory, Denton 3300 Corinth Pkwy., Corinth Flower Mound Police and Court Building Pilot Point ISD Admin. Building 4150 Kirkpatrick, Flower Mound 829 S Harrison, Pilot Point Monday - Friday April 26 - 30 8am – 5pm Saturday May 1 8am – 5pm Monday – Tuesday May 3 – 4 7am – 7pm Trophy Club MUD 100 Municipal Drive, Trophy Club Monday - Friday April 26 - 30 8am – 5pm Saturday May 1 8am – 12pm Monday – Tuesday May 3 – 4 7am – 7pm Denton City Hall Monday - Friday April 26 - 30 8am – 5pm 215 E McKinney, Denton Saturday May 1 10am – 2pm Monday – Tuesday May 3 – 4 7am – 7pm Double Oak Town Hall Monday - Friday April 26 - 30 8am – 5pm 320 Waketon, Double Oak Saturday May 1 2pm – 5pm Monday – Tuesday May 3 – 4 7am – 7pm Sanger Community Center Monday - Friday April 26 - 30 8am – 5pm 101 Freese, Sanger Saturday May 1 9am – 2pm Monday – Tuesday May 3 – 4 7am – 7pm Copeland Government Center Monday April 26 8am – 5pm 1400 FM 424, Cross Roads Wednesday – Friday April 28 – 30 8am – 5pm Monday – Tuesday May 3 – 4 7am – 7pm Town Council 49 of 252 Meeting Date: April 12, 2010Town Council 49 of 252 Meeting Date: April 12, 2010 May 2010 Joint Election Day Polling Locations Precincts at Site Column3 Entities Column4Election Day Polling Location 100 Pilot Point ISD Pilot Point ISD Admn Bldg Pilot Point ISD (Denton, Grayson & Cooke Counties)829 S Harrison Street Pilot Point 101, 102, 115, 135 Denton ISD Copeland Gov Center 140, 142 & 143 Pilot Point ISD 1400 FM 424 Denton ISD with DCFWSD #10 Cross Roads Krugerville Cross Roads Denton ISD with Cross Roads 103, 402 & 407 Sanger ISD Krum ISD Admn Bldg CCWA 809 E McCart Street Sanger ISD with CCWA Krum Denton ISD Ponder ISD Denton ISD with Denton #3 Denton #3 Krum 104, 106 ,112,Denton ISD North Branch Library 121, 125, 133, Denton ISD with Denton #2 320 N Locus 403, 406 & 426 Denton ISD with CCWA Denton Sanger ISD Sanger ISD with CCWA Sanger ISD with Denton #2 105 & 128 Sanger ISD Community Center Sanger ISD with CCWA 101 Freese Street Sanger 8:23 AM 3/23/2010 1Town Council 50 of 252 Meeting Date: April 12, 2010Town Council 50 of 252 Meeting Date: April 12, 2010 May 2010 Joint Election Day Polling Locations Precincts at Site Column3 Entities Column4Election Day Polling Location 108, 127, 129 & Corinth Corinth City Hall 136 Denton ISD with Corinth 3300 Corinth PKWY Denton ISD Corinth 109 & 222 Lewisville ISD Peters Colony Elementary 5101 Nash Drive The Colony 110, 111, 120, Denton ISD with Denton #4 Denia Rec Center 126, 141, 414, 415, Denton ISD 1001 Parvin 421 & 427 Ponder ISD Denton Denton #4 113, 114, 138, Lewisville ISD with Lewisville Lewisville City Hall 224 & 309 Lewisville ISD with DCFWSD #1B 151 W Church Street Lewisville ISD with DCFWSD #1D Lewisville Lewisville ISD with DCFWSD#1E Lewisville ISD 116, 404, 405 Denton ISD with CCWA North Lakes Rec Center & 408 Denton ISD with Denton#3 2001 W Windsor Sanger ISD with CCWA Denton 118 Denton ISD Shady Shores Town Hall Shady Shores 101 Shady Shores RD Denton ISD with Shady shores Shady Shores Denton ISD with Denton#2 122 Hickory Creek Hickory Creek Town Hall 1075 Ronald Reagan Ave Hickory Creek 8:23 AM 3/23/2010 2Town Council 51 of 252 Meeting Date: April 12, 2010Town Council 51 of 252 Meeting Date: April 12, 2010 May 2010 Joint Election Day Polling Locations Precincts at Site Column3 Entities Column4Election Day Polling Location 123 Krugerville Krugerville City Hall Cross Roads 5097 HWY 377 S Denton ISD with Cross Roads Krugerville Denton ISD 130 Denton ISD Oak Point City Hall Oak Point 100 Naylor Road Denton ISD with Oak Point Oak Point 131 Lewisville ISD Heritage Lakes Clubhouse 3949 Village Blvd Frisco 132, 410, 416, Denton ISD with Denton#1 MLK Jr Rec Center 418 & 429 Denton ISD 1300 Wilson Denton 200, 203, 208,Lewisville ISD Carrollton Public Library 213, 218, & 226 4220 N Josey Lane Carrollton 201, 202, 219 Lewisville ISD Camey Elementary &221 Lewisville ISD with Lewisville 4949 Arbor Glen The Colony 214 & 216 Lewisville ISD Denton County Gov Center 6301 Main Street The Colony 215, 217 & 225 Lewisville ISD Rosemeade Rec Center 1330 Rosemeade Pkwy Carrollton 8:23 AM 3/23/2010 3Town Council 52 of 252 Meeting Date: April 12, 2010Town Council 52 of 252 Meeting Date: April 12, 2010 May 2010 Joint Election Day Polling Locations Precincts at Site Column3 Entities Column4Election Day Polling Location 300, 308, 310, Lewisville ISD with Lewisville Lewisville Municipal Annex 311 &324 1197 W Main Street Lewisville 301, 305, 312,Lewisville ISD with Lewisville Memorial Park Rec Center 315, 318, 319 Lewisville (for City's Dallas County Voters)1950 B South Valley Pkwy & 321 Lewisville 302, 313, 316 Lewisville ISD Highland Village City Hall & 322 1000 Highland Village Road Highland Village 303, 304, 307,Lewisville ISD with Flower Mound Flower Mound Police & Court Bldg 314, 317, 320,Northwest ISD with Flower Mound 4150 Kirkpatrick 323, 409, 420, Flower Mound Flower Mound 423, 424, 425 Denton ISD with Flower Mound &428 Lewisville ISD/Flower Mound (for Tarrant County Voters) Lewisville ISD 400, 401 & 413 Northwest ISD with Trophy Club Trophy Club Town Hall Northwest ISD 100 Municipal Drive Northwest ISD with Trophy Club and PID Trophy Club Northwest ISD with Southlake Flower Mound 411 Northwest ISD Justin City Hall Northwest ISD with Justin 415 N College Alpha Ranch WCID of Denton and Wise Counties (Wise County)Justin 8:23 AM 3/23/2010 4Town Council 53 of 252 Meeting Date: April 12, 2010Town Council 53 of 252 Meeting Date: April 12, 2010 May 2010 Joint Election Day Polling Locations Precincts at Site Column3 Entities Column4Election Day Polling Location 412 Ponder ISD Ponder Town Hall Denton ISD 405 Shaffner Street Ponder ISD with Denton#4 Ponder Northwest ISD 417 Bartonville Bartonville Town Hall Flower Mound 1941 E Jeter Road Denton ISD Bartonville Denton ISD with Bartonville Northwest ISD Northwest ISD with Flower Mound 419/422 Denton ISD Double Oak Town Hall Lewisville ISD 320 Waketon Road Lewisville ISD with Flower Mound Double Oak Denton ISD with DCFWSD#6 Denton ISD with DCFWSD#7 Denton ISD with Bartonville 430 Northwest ISD Clara Love Elementary 16301 Elementary Drive Justin 8:23 AM 3/23/2010 5Town Council 54 of 252 Meeting Date: April 12, 2010Town Council 54 of 252 Meeting Date: April 12, 2010 XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to‐wit: (1) It has on the _____ day of ___________, 2010 been executed by the Denton County Elections Administrator pursuant to the Texas Election Code so authorizing; (2) It has on the ______ day of ___________, 2010 been executed on behalf of the TOWN OF TROPHY CLUB/TROPHY CLUB MUD NO. 1: pursuant to an action of the TOWN OF TROPHY CLUB/TROPHY CLUB MUD NO. 1: so authorizing; ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR: APPROVED: ___________________________________________ FRANK PHILLIPS ACCEPTED AND AGREED TO BY THE TOWN OF TROPHY CLUB/TROPHY CLUB MUD NO. 1: APPROVED: ATTESTED: _____________________________________________ _______________________________________ Mayor Connie White Lisa Hennek, Town Secretary APPROVED: ATTESTED: _____________________________________________ _______________________________________ Dean Henry, Trophy Club MUD No. 1 Joint President Mary Moore, MUD Secretary APPROVED: _______________________________________ Jim Budarf, Trophy Club MUD No. 1 Joint President Town Council 55 of 252 Meeting Date: April 12, 2010Town Council 55 of 252 Meeting Date: April 12, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-202-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/6/2010 Town Council On agenda:Final action:4/12/2010 Title:Consider and take appropriate action regarding a Proclamation for Arbor Day 2010 including the Arbor Day Event festivities. Attachments:Proc. 2010-.pdf Arbor Day Presentation.pdf Action ByDate Action ResultVer. Town Council 56 of 252 Meeting Date: April 12, 2010Town Council 56 of 252 Meeting Date: April 12, 2010 12010-202-T Version:File #: Title Consider and take appropriate action regarding a Proclamation for Arbor Day 2010 including the Arbor Day Event festivities. Body Goal #4: Picturesque Town Maintain neat and tidy appearance Be recognized for our aesthetics Town Council 57 of 252 Meeting Date: April 12, 2010Town Council 57 of 252 Meeting Date: April 12, 2010 TOWN OF TROPHY CLUB PROCLAMATION NO. 2010- ARBOR DAY A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, TO RECOGNIZE APRIL 24TH, 2010 AS ARBOR DAY; RECOGNIZING THAT 2010 IS THE 138th ANNIVERSARY OF THE HOLIDAY OF ARBOR DAY; AND PROVIDING AN EFFECTIVE DATE. Whereas, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Whereas, 2010 is the 138th anniversary of the holiday and Arbor Day is now observed throughout the nation and the world, and Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife, and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community, and Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. In the Town of Trophy Club, the Mayor and Council urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and Section 2. The Mayor and Council urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. That this Proclamation shall become effective from and after its date of passage in accordance with law. _____________________________ Connie White, Mayor Town of Trophy Club, Texas _________________________ Town Secretary Town of Trophy Club, Texas Town Council 58 of 252 Meeting Date: April 12, 2010Town Council 58 of 252 Meeting Date: April 12, 2010 Ar b o r D a y C e l e b r a t i o n at Tr o p h y C l u b P a r k Sa t u r d a y Ap r i l 2 4 , 2 0 1 0 2: 0 0 p m - 5 : 0 0 p m To w n Co u n c i l 59 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 59 of 25 2 Meeting Date: April 12, 2010 Ba s i c I n f o r m a t i o n • Sa t . A p r i l 2 4 th fr o m 2 p m - 5 p m – Fe s t i v a l – Co n c e r t – Pu b l i c S a f e t y F a i r • Fr e e t o t h e p u b l i c • Th e m e : G e t t i n g B a c k t o t h e Gr e a t O u t d o o r s To w n Co u n c i l 60 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 60 of 25 2 Meeting Date: April 12, 2010 Pa r k i n g • Dr i v i n g d i r e c t i o n s a n d p a r k m a p s av a i l a b l e o n l i n e • Ev e n t m a p s w i l l b e h a n d e d o u t at t h e T C P e n t r y b o o t h d u r i n g th e e v e n t • On - s i t e p a r k i n g f o r e a s y a c c e s s to t h e e v e n t • St a f f t o f a c i l i t a t e b o a t e r s ’ a c c e s s to b o a t r a m p d u r i n g e v e n t To w n Co u n c i l 61 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 61 of 25 2 Meeting Date: April 12, 2010 Fe s t i v a l F u n • Se v e r a l g a m e / a c t i v i t y b o o t h s – Ca r n i v a l g a m e s w i t h p r i z e s – St a f f e d b y v o l u n t e e r s • In f l a t a b l e s / r i d e s – Bo u n c e h o u s e s , g i a n t s l i d e , r o c k cl i m b i n g w a l l – St a f f e d b y i n f l a t a b l e c o m p a n y To w n Co u n c i l 62 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 62 of 25 2 Meeting Date: April 12, 2010 Fe s t i v a l F u n • Ca m p f i r e s a f e t y i n f o a n d f r e e s’ m o r e s s t a t i o n – St a f f e d b y G i r l S c o u t s • 4H b r i n g i n g a n i m a l s – Ha n d s a n i t i z e r s t a t i o n • Pa r k s & R e c D e p t . a n d T r e e Bo a r d w i l l h a v e i n f o r m a t i o n a l bo o t h s • Ce r e m o n i a l t r e e p l a n t i n g a t 3 p m To w n Co u n c i l 63 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 63 of 25 2 Meeting Date: April 12, 2010 Fo o d & E n t e r t a i n m e n t • Di c k e y ’ s B B Q w i l l b e s e l l i n g sa n d w i c h e s , h o t d o g s a n d d r i n k s • Li v e c o n c e r t b y F r e d d y a n d t h e Fa l c o n s , a n o l d i e s r o c k b a n d • La r g e t e n t w i t h t a b l e s a n d se a t i n g t o e a t a n d e n j o y t h e mu s i c To w n Co u n c i l 64 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 64 of 25 2 Meeting Date: April 12, 2010 Pu b l i c S a f e t y F a i r • Th e P o l i c e a n d F i r e De p a r t m e n t s h a v e p u t t o g e t h e r a s a f e t y f a i r w i t h s e v e r a l g r o u p s – TP W D – CO E – De n t o n C o u n t y S h e r i f f s – Au t o t h e f t p r e v e n t i o n – an d m o r e … To w n Co u n c i l 65 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 65 of 25 2 Meeting Date: April 12, 2010 Vo l u n t e e r s • Se e k i n g a s s i s t a n c e f r o m B N H S an d N H S S t u d e n t C o u n c i l a n d Na t i o n a l H o n o r S o c i e t y s t u d e n t s • Pa r k B o a r d m e m b e r s n e e d e d t o he l p s t a f f P a r k s & R e c b o o t h – Sh a r e i n f o r m a t i o n w i t h r e s i d e n t s ab o u t c u r r e n t a n d u p c o m i n g p a r k pr o j e c t s To w n Co u n c i l 66 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 66 of 25 2 Meeting Date: April 12, 2010 ww w . t r o p h y c l u b . o r g / s p e c i a l _ e v e n t s / a r b o r _ d a y . a s p To w n Co u n c i l 67 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 67 of 25 2 Meeting Date: April 12, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-203-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/6/2010 Town Council On agenda:Final action:4/12/2010 Title:Staff to provide a recap of the Easter Egg Hunt festivities, discussion of same. Attachments:Easter Recap.pdf Action ByDate Action ResultVer. Town Council 68 of 252 Meeting Date: April 12, 2010Town Council 68 of 252 Meeting Date: April 12, 2010 12010-203-T Version:File #: Title Staff to provide a recap of the Easter Egg Hunt festivities, discussion of same. Body Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Promote and support active lifestyle Develop expanded community involvement opportunities Expand recreational opportunities for all ages Town Council 69 of 252 Meeting Date: April 12, 2010Town Council 69 of 252 Meeting Date: April 12, 2010 T o w n E a s t e r E g g H u n t Sa t u r d a y , M a r c h 2 7 12 : 0 0 p m - 2 : 0 0 p m Tr o p h y C l u b P a r k To w n Co u n c i l 70 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 70 of 25 2 Meeting Date: April 12, 2010 Pa r t i c i p a t i n g C h u r c h e s  La k e C i t i e s C h u r c h o f C h r i s t  Ch u r c h a t T r o p h y L a k e s  Fe l l o w s h i p U n i t e d M e t h o d i s t C h u r c h  Ne w D a y C h u r c h  Ba r a C h u r c h To w n Co u n c i l 71 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 71 of 25 2 Meeting Date: April 12, 2010 Ea s t e r E g g H u n t s – U n d e r 3 To w n Co u n c i l 72 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 72 of 25 2 Meeting Date: April 12, 2010 Ea s t e r E g g H u n t s – 3 & 4 To w n Co u n c i l 73 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 73 of 25 2 Meeting Date: April 12, 2010 Ea s t e r E g g H u n t s – 5 & 6 To w n Co u n c i l 74 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 74 of 25 2 Meeting Date: April 12, 2010 Ea s t e r E g g H u n t s – 7 - 1 0 Mo v i e To w n Co u n c i l 75 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 75 of 25 2 Meeting Date: April 12, 2010 Ev e n t R e c a p  To t a l c r o w d o f 6 0 0 - 8 0 0 p e o p l e o v e r t h e c o u r s e of t h e e v e n t  30 0 - 4 0 0 c h i l d r e n  Pr o v i d e d o v e r 1 1 , 5 0 0 e g g s  Ea s t e r B u n n y t o o k p i c t u r e s w i t h c h i l d r e n  In f l a t a b l e s w e r e i n u s e t h r o u g h o u t t h e e v e n t To w n Co u n c i l 76 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 76 of 25 2 Meeting Date: April 12, 2010 Ev e n t R e c a p  Th e c h u r c h e s w e r e s u c c e s s f u l i n t h e i r co n c e s s i o n f u n d r a i s e r s  St a n d a r d P a c i f i c s p o n s o r e d t h e c o s t o f st a f f s h i r t s  Ev e n t r a n s m o o t h l y , e v e r y o n e s e e m e d ha p p y ! To w n Co u n c i l 77 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 77 of 25 2 Meeting Date: April 12, 2010 Lo o k i n g t o N e x t Y e a r  As t h e c r o w d g r o w s e a c h y e a r , s o m u s t th e n u m b e r o f e g g s  La r g e r e g g h u n t a r e a s f o r 5 + a g e g r o u p s  Vo l u n t e e r s t o a s s i s t w i t h p a r k i n g To w n Co u n c i l 78 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 78 of 25 2 Meeting Date: April 12, 2010 Se e Y o u N e x t Y e a r ! To w n Co u n c i l 79 of 25 2 Meeting Date: April 12, 2010 To w n Co u n c i l 79 of 25 2 Meeting Date: April 12, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-207-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/7/2010 Town Council On agenda:Final action:4/12/2010 Title:Consider and take appropriate action regarding a Resolution endorsing Regional "Best Practices” Standards calculated at fostering improved Intrastate Gas Utility Municipal Relations. Attachments:Res. 2010- Best Practices.pdf Action ByDate Action ResultVer. Town Council 80 of 252 Meeting Date: April 12, 2010Town Council 80 of 252 Meeting Date: April 12, 2010 12010-207-T Version:File #: Title Consider and take appropriate action regarding a Resolution endorsing Regional "Best Practices” Standards calculated at fostering improved Intrastate Gas Utility Municipal Relations. Body Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 81 of 252 Meeting Date: April 12, 2010Town Council 81 of 252 Meeting Date: April 12, 2010 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2010-08 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ENDORSING REGIONAL “BEST PRACTICES” STANDARDS CALCULATED AT FOSTERING IMPROVED INTRSTATE GAS UTILITY-MUNICIPAL RELATIONS WITH REGARD TO THE ACQUISTIONS AND ROUTING OF PIPELINE RIGHTS-OF-WAY THROUGH INCORPARATED AREAS AND EXTRA TERRITORIAL JURIDICTION AREAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, is a duly incorporated municipality located in Denton and Tarrant County and created in accordance with the provisions of Chapter 8 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the development of the Barnett Shale has necessitated the installation of a comprehensive intra-state pipeline network though which produced hydrocarbons are carried from gas well operators to the public utility system; and WHEREAS, this pipeline network frequently conflicts with the long range comprehensive planning goals of north Texas municipalities and creates hardship for individual property owners affected by pipeline routing; and WHEREAS, in an effort to mitigate the conflict and hardship posed by pipeline right-of-way acquisition and routing the Texas Pipeline Association, a private trade association representing the interests of the intrastate pipelines in Texas, has endorsed the concept of a regional “best practices” policy; and WHEREAS, through the collaborative efforts of many north Texas municipalities and the Texas Pipeline Association and its members, the parties have developed guidelines entitled: “Best Practices for Pipeline and Municipality Relations”; and WHEREAS, the Town Council of the Town of Trophy Club, reviewed the “Best Practices for Pipeline and Municipality Relations” guidelines developed by this group, and decided to revise these guidelines in an effort to address certain issues; and WHEREAS, the revised non-binding “Best Practices for Pipeline and Municipality Relations” guidelines constitute a series of non-legislative standards setting forth the parties’ expectations with respect to pipeline pre-routing, right-of-way acquisition and construction; and Resolution 2010-08 1Town Council 82 of 252 Meeting Date: April 12, 2010Town Council 82 of 252 Meeting Date: April 12, 2010 Resolution 2010-08 2 WHEREAS, the Town Council of the Town of Trophy Club, Texas has determined that it is in the best interest of the public health, safety and general welfare to endorse the revised non-binding “Best Practices for Pipeline and Municipality Relations” guidelines attached hereto; and WHEREAS, the Town Council of the Town of Trophy Club, Texas would further encourage intrastate gas utilities to endorse and commit the standards set forth in the revised “Best Practices for Pipeline and Municipality Relations” guidelines, with respect to pipeline operations in incorporated areas; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section I. The Town Council does hereby endorse the revised “Best Practices for Pipeline and Municipality Relations” guidelines attached hereto as Exhibit “A”. The revised “Best Practices for Pipeline and Municipality Relations” guidelines are not intended to serve as litigation of the Town of Trophy Club, Texas, and instead are calculated at fostering improved intrastate gas utility-municipal relations with regard to the acquisition and routing of pipeline rights-of-way through the Town. Section II. This Resolution shall be effective from its date of adoption.. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 12th day of April, 2010. ________________________________ Mayor, Connie White Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary, Lisa Hennek Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney, Patricia A. Adams Town of Trophy Club, Texas Town Council 83 of 252 Meeting Date: April 12, 2010Town Council 83 of 252 Meeting Date: April 12, 2010 T o w n C o u n c i l 8 4 o f 2 5 2 M e e t i n g D a t e : A p r i l 1 2 , 2 0 1 0 T o w n C o u n c i l 8 4 o f 2 5 2 M e e t i n g D a t e : A p r i l 1 2 , 2 0 1 0 T o w n C o u n c i l 8 5 o f 2 5 2 M e e t i n g D a t e : A p r i l 1 2 , 2 0 1 0 T o w n C o u n c i l 8 5 o f 2 5 2 M e e t i n g D a t e : A p r i l 1 2 , 2 0 1 0 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-204-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/6/2010 Town Council On agenda:Final action:4/12/2010 Title:Consider and take appropriate action regarding the Memorandum of Understanding regarding the adoption of the Texas Department of Transportation’s Federally-Approved Disadvantaged Business Enterprise Program by the Town of Trophy Club. Attachments:MOU DOT Federally Approved Disadvantage Business Ent Program.pdf Action ByDate Action ResultVer. Town Council 86 of 252 Meeting Date: April 12, 2010Town Council 86 of 252 Meeting Date: April 12, 2010 12010-204-T Version:File #: Title Consider and take appropriate action regarding the Memorandum of Understandingregarding the adoption of the Texas Department of Transportation’s Federally-ApprovedDisadvantagedBusiness Enterprise Program by the Town of Trophy Club. Body Goal #5: A community in which the infrastructure supports its residents Provide necessary resources to maintain all improvements, new and existing Town Council 87 of 252 Meeting Date: April 12, 2010Town Council 87 of 252 Meeting Date: April 12, 2010 DBE/MOU 4/09 Page 1 of 5 MEMORANDUM OF UNDERSTANDING REGARDING THE ADOPTION OF THE TEXAS DEPARTMENT OF TRANSPORTATION'S FEDERALLY-APPROVED DISADVANTAGED BUSINESS ENTERPRISE PROGRAM BY THE TOWN OF TROPHY CLUB. This Memorandum of Understanding (“MOU”) is by and between the TEXAS DEPARTMENT OF TRANSPORTATION ("TxDOT"), an agency of the State of Texas; and the Town of Trophy Club ("Town") a political subdivision of the State of Texas. Whereas, from time to time Town receives federal funds from the Federal Highway Administration ("FHWA") through TxDOT to assist Town with the construction and design of projects partially or wholly funded through FHWA; and Whereas, Town, as a sub-recipient of federal funds, is required by 49 CFR 26, to implement a program for disadvantaged business enterprises ("DBEs"), as defined by 49 CFR 26 ("DBE Program"); and Whereas, TxDOT has implemented a Disadvantaged Business Enterprise Program (DBE Program) that is approved by FHWA pursuant to 49 CFR part 26; and Whereas, certain aspects of Town's procurement of construction and design services are subject to review and/or concurrence by TxDOT as a condition of receiving federal funds from FHWA through TxDOT; and Whereas, Town and TxDOT undertake substantially similar roadway construction projects and design projects and construct and design their respective projects using substantially the same pool of contractors; and Whereas, Town desires to implement a federally compliant DBE Program by adopting the TxDOT approved program, as recommended by FHWA; and Whereas, TxDOT and Town find it appropriate to enter into this Memorandum of Understanding to memorialize the obligations, expectations and rights each has as related to Town's adoption of the TxDOT DBE Program to meet the federal requirements. Now, therefore, TxDOT and Town, in consideration of the mutual promises, covenants and conditions made herein, agree to and acknowledge the following: (1) TxDOT has developed a DBE Program and annually establishes a DBE goal for Texas that is federally approved and compliant with 49 CFR 26 and other applicable laws and regulations. (2) Town is a sub-recipient of federal assistance for construction projects and design projects and, in accordance with 49 CFR § 26.21, must comply with a federally approved DBE Program. Town receives its federal assistance through TxDOT. As a sub-recipient, Town has the option of developing its own program or adopting and operating under TxDOT's federally approved DBE Program. The FHWA recommends that sub-recipients, such as Town, adopt the DBE program, administered through TxDOT, and Town by its prescribed protocol adopted the TxDOT DBE Program on April 12, 2010. (3) This Memorandum of Understanding evidences FHWA's and TxDOT's consent to the adoption of the TxDOT DBE Program by Town to achieve its DBE participation in federally assisted Construction and Design Projects. Town Council 88 of 252 Meeting Date: April 12, 2010Town Council 88 of 252 Meeting Date: April 12, 2010 DBE/MOU 4/09 Page 2 of 5 (4) The parties will work together in good faith to assure effective and efficient implementation of the DBE Program for Town and for TxDOT. (5) Town and TxDOT have agreed upon the following delegation of responsibilities and obligations in the administration of the DBE Program adopted by Town: (a) Town will be responsible for project monitoring and data reporting to TxDOT. Town will furnish to TxDOT any required DBE contractor compliance reports, documents or other information as may be required from time to time to comply with federal regulations. TxDOT will provide the necessary and appropriate reporting forms to Town. (b) Town will recommend contract-specific DBE goals consistent with TxDOT's DBE guidelines and in consideration of the local market, project size, and nature of the good(s) or service(s) to be acquired. Town's recommendation may be that no DBE goals are set on any particular project or portion of a project or that proposed DBE goals be modified. Town and TxDOT will work together to achieve a mutually acceptable goal; however, TxDOT will retain final decision-making authority regarding DBE goals. (c) TxDOT will cooperate with Town in an effort to meet the timing and other requirements of Town projects. (d) Town will be solely responsible for the solicitation and structuring of bids and bid documents to procure goods and services for its projects that use federal funds and will be responsible for all costs and expenses incurred in its procurements. (e) The DBEs eligible to participate on TxDOT construction projects or design projects also will be eligible to participate on Town construction projects or design projects that are subject to the DBE Program. The DBEs will be listed on TxDOT's website under the Texas Unified Certification Program (TUCP). (f) Town will conduct reviews and provide reports with recommendations to TxDOT concerning any DBE Program compliance issues that may arise due to project specific requirements such as Good Faith Effort (GFE), Commercially Useful Function (CUF), etc. Town and TxDOT will work together to achieve a mutually acceptable goal, however, TxDOT will retain final decision- making authority on those issues and reserves the right to perform compliance reviews by TxDOT’s Office of Civil Rights. Town shall provide TxDOT with a listing of sanctions that will be assessed against contractors for violation of federal DBE regulations and its procedures for investigation of violations and assessment of sanctions for documented violations. (g) Town will designate a liaison officer to coordinate efforts with TxDOT's DBE Program administrators and to respond to questions from the public and private sector regarding Town's administration of the DBE Program through TxDOT. (h) Town will be responsible for providing TxDOT with DBE project awards and DBE Commitments, monthly DBE reports, DBE Final Reports, DBE shortfall reports, and annual and updated goal analysis and reports. (i) TxDOT will be responsible for maintaining a directory of firms eligible to participate in the DBE Program, and providing business development and outreach programs. Town and TxDOT will work cooperatively to provide supportive services and outreach to DBE firms in Town area. Town Council 89 of 252 Meeting Date: April 12, 2010Town Council 89 of 252 Meeting Date: April 12, 2010 DBE/MOU 4/09 Page 3 of 5 (j) Town will submit DBE semi-annual progress reports to TxDOT. (k) Town will participate in TxDOT sponsored training classes to include topics on Title VI of the Civil Rights Act of 1964, DBE Annual Goals, DBE Goal Setting for Construction Projects and Design Projects, DBE Contract Provisions, and DBE Contract Compliance, which may include issues such as DBE Commitments, DBE Substitution, and Final DBE Clearance. TxDOT will include DBE contractors performing work on Town projects in the DBE Education and Outreach Programs. (l) The Town Manager or his designee of Town will implement all federal requirements, including those stated in Attachments A through D, which are incorporated as though fully set out herein for all purposes. (m) In accordance with 23 CFR 200.1, Town shall develop procedures for the collection of statistical data (race, color, religion, sex, and national origin) of participants in, and beneficiaries of State highway programs, i.e., relocated person(s), impacted citizens and affected communities; develop a program to conduct Title VI review of program areas; and conduct annual reviews of special emphasis program areas to determine the effectiveness of program area activities at all levels. TxDOT, in accordance with federal law, may conduct compliance reviews by TxDOT’s Office of Civil Rights . (6) In the event there is a disagreement between TxDOT and Town about the implementation of the TxDOT DBE Program by Town, the parties agree to meet within ten (10) days of receiving a written request from the other party of a desire to meet to resolve any disagreement. The parties will make good faith efforts to resolve any disagreement as efficiently as is reasonably possible in consultation with FHWA. Non-compliance by Town can result in restitution of federal funds to TxDOT and withholding of further federal funds upon consultation with FHWA. (7) This Memorandum of Understanding becomes effective upon execution by all parties and automatically renews each year unless a party notifies the other party of its intent to terminate the agreement. (8) If this Memorandum of Understanding is terminated for any reason, Town will be allowed reasonable time in which to seek approval from FHWA for an alternative DBE Program, without being deemed non-compliant with 49 CFR Part 26. (9) This Memorandum of Understanding applies only to projects for which Town is a sub- recipient of federal funds through TxDOT. Town may also implement a Minority and Women-Owned Small Business Enterprise (M/W/SBE) policy and program that applies to projects for which it is not a sub- recipient of federal funds through TxDOT and which are not subject to the TxDOT DBE Program. Town may, at its option, use some aspects of the TxDOT DBE Program and other similar programs in implementing its other policies and programs for its non-federally funded projects. (10) The following attachments to this Memorandum of Understanding are incorporated as if fully set out herein for all purposes: Attachment A - FHWA Memorandum HCR-1/HIF-1 (relating to access required by the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973); Attachment B - SPECIAL PROVISION 000-461; Attachment C - Comprehensive Development Agreement (CDA) DBE Provisions (with TxDOT's DBE Program attached) and Attachment D - 49 CFR §26.13 (contractual assurances). Town Council 90 of 252 Meeting Date: April 12, 2010Town Council 90 of 252 Meeting Date: April 12, 2010 DBE/MOU 4/09 Page 4 of 5 (11) The following procedure shall be observed by the parties in regard to any notifications: (a) Any notice required or permitted to be given under this Memorandum of Understanding shall be in writing and may be effected by personal delivery, by hand delivery through a courier or a delivery service, or by registered or certified mail, postage prepaid, return receipt requested, addressed to the proper party, at the following address: CONSTANCE WHITE Connie White Mayor, Town of Trophy Club Hand Delivery: 100 Municipal Drive Trophy Club, TX 76262 Registered or Certified Mail (Return receipt requested): 100 Municipal Drive Trophy Club, TX 76262 TEXAS DEPARTMENT OF TRANSPORTATION R . D. Brown, BOP Development Section Director Office of Civil Rights 125 E. 11th Street Austin, Texas 78701-2483 (b) Notice by personal delivery or hand delivery shall be deemed effective immediately upon delivery, provided notice is given as required by Paragraph (a) hereof. Notice by registered or certified mail shall be deemed effective three (3) days after deposit in a U.S. mailbox or U.S. Post Office, provided notice is given as required by Paragraph (a) hereof. (c) Either party hereto may change its address by giving notice as provided herein. (12) This Memorandum of Understanding may be modified or amended only by written instrument, signed by both Town and the Texas Department of Transportation and dated subsequent to the effective date of this MOU. Except as authorized by the respective parties, no official, employee, agent, or representative of the parties has any authority, either express or implied, to modify or amend this MOU. (13) The provisions of this MOU are severable. If any clause, sentence, provision, paragraph, or article of this MOU, or the application of this MOU to any person or circumstance is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not impair, invalidate, nullify, or otherwise affect the remainder of this MOU, but the effect thereof shall be limited to the clause, sentence, provision, paragraph, or article so held to be invalid, illegal, or unenforceable, and the application of such clause, sentence, provision, paragraph, or article to other persons or circumstances shall not be affected; provided, however, Town and TxDOT may mutually agree to terminate this Memorandum of Understanding. Town Council 91 of 252 Meeting Date: April 12, 2010Town Council 91 of 252 Meeting Date: April 12, 2010 DBE/MOU 4/09 Page 5 of 5 (14) This Memorandum of Understanding shall not be construed in any way as a waiver by the parties of any immunity from suit or liability that parties may have by operation of law, and the parties hereby retain all of their respective affirmative defenses. (15) In accordance with 49 CFR part 26.13, Town will ensure that all contractors or subcontractors working on any Federal DOT-assisted contracts for Town comply with the applicable requirements concerning discrimination. Failure by the contractor to carry out these requirements is a material breach of contract and the Town will terminate the contract or other such remedy as deemed appropriate by TxDOT. (16) In accordance with 49 CFR part 26.29, Town will ensure that all contractors or subcontractors working on any Federal DOT-assisted contracts for Town comply with the prompt pay provisions established by TxDOT. EXECUTED in duplicate originals by TxDOT and Town, acting through each duly authorized official and effective on the latest date signed. The signatories below confirm that they have the authority to execute this MOU and bind their principles. TEXAS DEPARTMENT OF TRANSPORTATION TOWN OF TROPHY CLUB By:________________________________ By:________________________________ Amadeo Saenz, Jr. P.E. Connie White Executive Director Mayor Date:_________________________________ Date:_________________________________ Town Council 92 of 252 Meeting Date: April 12, 2010Town Council 92 of 252 Meeting Date: April 12, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-208-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/8/2010 Town Council On agenda:Final action:4/12/2010 Title:Consider and take appropriate action regarding the Town Council's relationship with TCMUD No. 1 relative to the SEMO status and to the hiring of a new Town Manager. Attachments: Action ByDate Action ResultVer. Town Council 93 of 252 Meeting Date: April 12, 2010Town Council 93 of 252 Meeting Date: April 12, 2010 12010-208-T Version:File #: Title Consider and take appropriate action regarding the Town Council's relationship with TCMUD No. 1 relative to the SEMO status and to the hiring of a new Town Manager. Body Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Town Council 94 of 252 Meeting Date: April 12, 2010Town Council 94 of 252 Meeting Date: April 12, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-176-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/29/2010 Town Council On agenda:Final action:4/12/2010 Title:Consider and take appropriate action regarding the proposals to provide executive recruitment services for the Town Manager position. Attachments:Waters Consulting Group Proposal.pdf Chris Hartung Consulting Proposal.pdf Mercer Group Proposal.pdf Action ByDate Action ResultVer. Town Council 95 of 252 Meeting Date: April 12, 2010Town Council 95 of 252 Meeting Date: April 12, 2010 12010-176-T Version:File #: Title Consider and take appropriate action regarding the proposals to provide executive recruitment services for the Town Manager position. Body Attached: Waters Consulting Proposal Chris Hartung Proposal Mercer Group Proposal Sent separately as hard copy: Strategic Government Resources Proposal Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 96 of 252 Meeting Date: April 12, 2010Town Council 96 of 252 Meeting Date: April 12, 2010 From: Patrice Glasthal <pglasthal@watersconsulting.com> To: Brandon Emmons Cc: Chuck Rohre <crohre@watersconsulting.com>; Chuck Anderson <canderson@watersconsulting.com> Sent: Tue Mar 23 13:33:11 2010 Subject: Proposal for Executive Recruitment for City Manager - Trophy Club, Texas Dear Mr. Emmons: Attached is our proposal to provide executive recruitment services for your next City Manager. We would consider it a professional privilege to assist you with this important recruitment. Our nationwide experience with executive recruitments has allowed us to develop a comprehensive base of high‐quality candidates with whom we would make contact about your position. If you have any questions regarding this proposal please contact Chuck Anderson, CEO of Waters‐ Oldani Executive Recruitment at (817)965‐3911, his direct line, or by email at canderson@watersconsulting.com or contact Mr. Chuck Rohre, Senior Consultant at (214)466‐ 2496, his direct line, or by email at crohre@watersconsulting.com. Please let me know if we can provide you with any additional information. Best regards, Patrice Glasthal ************************************************************ Patrice Glasthal Business Support Manager The Waters Consulting Group, Inc. 5050 Quorum Drive, Suite 625 Dallas, TX 75254 214.466.2441/direct 972.481.1950/main 972.481.1951/fax -Offices in Dallas - Austin - Seattl - Cleveland- e pglasthal@watersconsulting.com ************************************************************ The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Town Council 97 of 252 Meeting Date: April 12, 2010Town Council 97 of 252 Meeting Date: April 12, 2010 THE WATERS CONSULTING GROUP, INC. PRODUCTIVE MANAGEMENT CONCEPTS 5050 Quorum Drive Suite 625 Dallas, Texas 75254 972/481/1950 972/481/1951(Fax) www.watersconsulting.com -Dallas  Seattle  Cleveland  Austin- March 23, 2010 Mr. Brandon Emmons, City Manager City of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 (Sent via email to: bemmons@trophyclub.com) Re: Proposal – Executive Recruitment for City Manager Dear Mr. Emmons: I appreciate the opportunity to submit our proposal for executive recruitment services for your City Manager. We are confident that you will be completely satisfied with our comprehensive process and the outcome. We are so confident in our recruitment process and outcome that we offer a triple guarantee of our performance, which is described in detail on page 3 of this proposal. Our team of recruitment consultants (see bios starting on page 8 of the proposal) has provided executive recruitment services nationwide for over 30 years, principally to public organizations. We have established a reputation for a relentless commitment to high quality with our process and our candidates. We know that you have options for using other recruitment firms. However, we believe that our approach sets us apart from our competitors in the following important ways:  Our Triple Guarantee™ (see page 3);  Finalists identified within 80 days from the approval of the recruitment brochure and candidate profile;  Meticulous development of the candidate profile prior to advertising/marketing (see page 4);  Comprehensive, in-depth screening and evaluation of candidates, including the use of our proprietary, validated assessment - CareerNavigator™ (see page 5);  Rigorous review of candidates’ references and background (see page 6);  Our highly-accessed web site (www.watersconsulting.com) by prospective candidates;  Our superior nationwide relationships with high-quality candidates for marketing new positions; and  Within twelve (12) months following your appointment of the successful candidate, we will administer our 360° Performance Assessment for no additional professional fee, just project-related expenses (see page 3). We have recently established a discounted price initiative for recruitments of $15,500 plus expenses from our standard professional fee of $19,500. In addition, if you ask us to do additional recruitments within twelve months, you would qualify for the deeply discounted professional fee of $12,500.00 plus expenses for each recruitment. The proposal document will provide you the details about our approach, expertise, client references, and pricing for this executive recruitment. Also, if you have any questions, please contact me directly at 817.965.3911 or by email at canderson@watersconsulting.com. We would consider it a professional privilege to provide these services to the City of Trophy Club. Sincerely, Charles (Chuck) S. Anderson CEO of Waters-Oldani Executive Recruitment A Division of The Waters Consulting Group, Inc. Town Council 98 of 252 Meeting Date: April 12, 2010Town Council 98 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  2 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. QUALIFICATIONS Our understanding of and experience in the public sector coupled with our commitment in developing partnering relationships with our clients are key factors in our long-term success. PROJECT OVERVIEW The City of Trophy Club, Texas, is considering the use of a consulting firm to assist with the executive recruitment for its next City Manager and has requested a proposal describing a work plan and project approach from Waters-Oldani Executive Recruitment (Waters-Oldani), a division of The Waters Consulting Group, Inc. Accordingly, we provide the following information for your consideration. PROFESSIONAL EXPERTISE MAKES THE DIFFERENCE Throughout the assignment, the Waters-Oldani team will serve as technical advisors to your organization to ensure that the recruitment process is conducted in a professional manner. The objective of Waters-Oldani is to generate high-quality candidates and assist you with the screening and evaluation of these candidates. Due to our extensive professional relationships with hundreds of public sector organizations and prospective candidates nationwide, Waters-Oldani is positioned to confidently promote your position to prospective candidates as a positive career and personal growth opportunity. Since our firm’s beginning, we have emerged as a leader in executive recruitment. It is our 30+ years of consulting experience, coupled with our unique approach and personal touch that drives our internal standard for delivering only outstanding services and leading-edge products. In addition, Waters-Oldani is positioned as the largest privately-held executive recruitment firm in the nation with a focus on the public sector. This kind of strength will prove to be valuable for your executive recruitment. With any consulting assignment, but particularly with an executive recruitment project, reliable and timely communication is fundamental to project success. At key points during the assignment, Waters-Oldani consultants will communicate by phone, e-mail, or in person, with appropriate leaders from your organization to discuss the progress of the recruitment and to review subsequent steps in the recruitment process. These regular status reports are important to ensure success with the recruitment assignment. We pride ourselves in the fact that we bring a high level of personal commitment to everything that we do. We get to know our clients – their concerns for success, their strategic goals and their organizational culture. But our intense professional commitment does not stop with our clients. We have candidates who were not selected for positions call to extend compliments and thanks for how they were treated during our recruitments. Many have stated that we provided the best recruitment experience in which they have ever participated. Client satisfaction is important to all organizations, but to our firm, it is our chief focus. In our business, referrals and recommendations are the keys to success. Town Council 99 of 252 Meeting Date: April 12, 2010Town Council 99 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  3 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. ROLE OF YOUR ORGANIZATION’S STAFF We have a seasoned staff of professionals to deliver quality services with minimal effort required from you. However, to assist in the project, we ask that your organization designate a Project Manager to serve as Waters-Oldani’s primary contact for the recruitment assignment. Your Project Manager will facilitate such functions as coordinating meeting dates, times, and locations and the review of the draft recruitment brochure and related advertising copy. OUR TRIPLE GUARANTEE Our Triple Guarantee is defined as: (1) A commitment to remain with the recruitment assignment until you have made an appointment for the fees and tasks quoted in this proposal. If you are unable to make a selection from the initial group of Finalists, Waters-Oldani will work to identify a supplemental group until you find a candidate to hire; (2) Your executive recruitment is guaranteed for two years against voluntary resignation by or termination for cause of the candidate. Within the first year, the replacement recruitment will be repeated with no additional professional fee, but only for project-related expenses. During the second year, the replacement recruitment is reduced to 50% of the professional fee plus project-related expenses. Candidates appointed from within your organization do not qualify for this guarantee. This guarantee is subject to further limitations and restrictions of your state laws. Additional services include a performance appraisal and review after 12 months of service of the appointed candidate, with no professional fee charged to you. If you elect to use this service, the only cost you would incur would be the reimbursement for any project-related expenses; and (3) Waters-Oldani will not solicit any candidates selected under this contract for any other position while the candidate is employed with your organization. Town Council 100 of 252 Meeting Date: April 12, 2010Town Council 100 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  4 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. DESCRIPTION OF KEY TASKS The following is intended to describe the key tasks associated with our approach to executive recruitment. TASK I RECRUITMENT BROCHURE DEVELOPMENT AND ADVERTISING The important first step in the recruitment process involves the development of a comprehensive recruitment brochure with a profile of the ideal candidate, including the required qualifications, professional experience, personal characteristics, and other factors related to success in the position of City Manager. The recruitment brochure will also have a profile of your community and organization. To prepare the recruitment brochure, the Lead Consultant will come on site to meet with your leadership team to discuss the required background and experiences for the new City Manager. We will also request organizational charts, budgetary information, operational reports, and other documentation describing the community, organization, current issues, and responsibilities of the position. The draft recruitment brochure will be presented to you for review and final approval/edits prior to its publication and distribution via online and regular mail to prospective candidates. In order to conduct an open recruitment and to encourage applications from a diverse pool of candidates, Waters-Oldani will work with you to develop an advertising and marketing strategy to notify potential candidates about the vacancy. Advertisements will be placed in appropriate professional publications, local newspapers of record and web sites as approved by you. Draft ads will be submitted to your organization for approval prior to publication. Waters-Oldani has a highly-accessed web site, www.watersconsulting.com, and targeted e-mail (search@watersconsulting.com). We will use all available resources to communicate directly with prospective candidates. The aggressive advertising and marketing campaign for top talent will include national, state, regional, and local elements as determined during our initial meetings with your organization. Our presence at appropriate public sector conferences will be used to further promote the position. An effective advertising strategy will help to ensure that we conduct an open recruitment with appeal to a diverse array of candidates. Waters-Oldani will take all necessary steps to protect against discrimination in the screening and selection process. TASK II EXECUTION OF RECRUITMENT STRATEGY AND IDENTIFICATION OF QUALITY CANDIDATES Using the information developed in Task I, Waters-Oldani will identify individuals who would be outstanding candidates for the position of City Manager. Often, well-qualified candidates are not actively seeking new employment and will not necessarily respond to an advertisement. However, if a potential candidate is presented with the opportunity directly and in the proper manner, he or she may apply. We take pride in our ability to locate highly qualified candidates across the nation based on our professional Town Council 101 of 252 Meeting Date: April 12, 2010Town Council 101 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  5 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. contacts and relationships. We have also established networks with minority and female leaders throughout the nation and are proud of our record of placement of minority and female candidates. Waters-Oldani has adopted a corporate policy of equal employment opportunity and will not participate in any recruitment effort where these principles are not followed. In addition, we are charter members of NFBPA and its Business Advisory Committee and the Hispanic Network. We believe that one of the strengths of the Waters-Oldani recruitment process is our attention to the candidates during the process. Each candidate submitting a résumé is sent a timely acknowledgement by Waters-Oldani, giving an approximate schedule for the recruitment. Further communications are maintained with each candidate regarding information about the recruitment progress and their status in the process. We take pride in the many complimentary comments made by candidates regarding the level of communication and the professional manner in which they are treated during our recruitments, which is also provides a positive reflection on your organization TASK III SCREENING OF APPLICANTS, INITIAL INTERVIEWS, AND RECOMMENDATION OF FINALISTS TO CLIENT Our recruiting efforts in Task II identify a significant number of applicants, depending upon the position and the availability of candidates with the requisite experience and skills in the marketplace. Task III is where our Lead Consultant screens the candidates against the criteria within the candidate profile and develops a list of Semi-Finalists who meet or exceed the criteria. The Lead Consultant will then review the Semi-Finalists with you, as the client, to develop a group of candidates for personal interviews with the Lead Consultant either by phone or in person. Our interviews are conducted with a set of questions developed by Waters-Oldani to evaluate professional experience and management/leadership characteristics considered relevant for the candidate profile for your position. As a part of our thorough screening of candidates, we also utilize our content-validated behavioral assessment and success profile system CareerNavigator™. Our approach to recruitment features a content- validated competency model that measures the core competencies of public sector executive managers/leaders with a comprehensive psychological assessment. This helps to identify those competencies that are proven to make a candidate much more likely to be successful in a position of executive management and leadership. In addition, CareerNavigator™ generates specific questions for individual candidates based upon their responses to the assessment. These questions are included in the in-depth interview conducted by the Waters-Oldani Lead Consultant. At the conclusion of our interview process, we will present a group of potential Finalists for you to invite for on-site interviews with an interview panel that you select. Typically, four to six candidates are selected for these interviews. Town Council 102 of 252 Meeting Date: April 12, 2010Town Council 102 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  6 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. TASK IV CONDUCTING BACKGROUND CHECKS, REFERENCE CHECKS AND ACADEMIC VERIFICATIONS Once you approve the group of Finalists for on-site interviews, Waters-Oldani will begin the process to conduct reference checks, background checks and academic verifications. Contact is then made with selected references and sometimes with others in the specific industry that may know of additional accomplishments and work experiences of the candidates. The purpose of the reference interviews is to allow Waters-Oldani to complete our understanding of the work experience, professional performance and personal characteristics of the Finalists. For the background checks, Waters-Oldani is pleased to partner with PSI Investigation Services in to gather information about the candidates in the following areas:  Consumer Credit  Bankruptcy  County Criminal  State District Superior Court Criminal  County Civil Litigation  State District Superior Court Civil Litigation  Judgment/Tax Lien  Federal District Criminal  Motor Vehicle  Federal District Civil Litigation TASK V FINAL INTERVIEW PROCESS Upon completion of Task IV, we will work with you to develop the final interview process. We will also send you documentation on each of the finalists, which will provide the highlights of their professional experience and leadership/management profile, and a summary of the results of the reference checks, background checks and academic verifications. In addition, the report will include guidelines for interviewing the candidates, suggested interview questions, and a rating process for your interview panel(s). Our Lead Consultant will participate in final interviews as either an observer or active panel member at your request and will be available to answer questions and assist you in the final evaluation and selection of the successful candidate. In addition, if you request the service, our Lead Consultant will assist you with the development of a compensation package and related employment considerations, and assist with the negotiations. Town Council 103 of 252 Meeting Date: April 12, 2010Town Council 103 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  7 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. EXECUTIVE RECRUITMENT PROJECT TIMELINE Below is an estimated Timeline for the executive recruitment process. You will be asked by the Lead Consultant during the first on-site meeting to review and approve a Timeline for the recruitment project. It is our intent to conduct the recruitment expeditiously, but not at the expense of finding high-quality candidates for you. However, we commit to you to deliver a group of Finalists for your consideration within 80 days from the date that you approve the recruitment brochure and candidate profile, which is the point that we commence advertising/marketing for the position. To ensure that our quality standards are maintained, we do require a minimum of ten business days between the time that you select the candidates for on-site interviews and when we send you the Final Book for your final interview process. Description of Key Project Phases/Tasks Weeks 01 02 03 04 05 06 07 08 09 10 11 12 13 Phase I Task 1 Recruitment Brochure Development & Advertising Phase II Task 2 Recruitment Strategy and Identification of Candidates Task 3 Screening Process and Recommendation of Finalists for On- site Interviews. Task 4 Background Checks/ Reference Checks/Academic Verifications Phase III Task 5 Final Interview Process Town Council 104 of 252 Meeting Date: April 12, 2010Town Council 104 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  8 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. AN OVERVIEW OF OUR CONSULTING TEAM Waters-Oldani places a high priority on meeting the needs of our clients. Therefore, at the outset of the recruitment process, we will tailor our approach to address the issues unique to your organization’s working environment. For each recruitment project, we assign a Lead Consultant and a team of support professionals to carry out assignments in an effective and efficient manner. What follows are brief biographical descriptions of the members of our consulting team. Town Council 105 of 252 Meeting Date: April 12, 2010Town Council 105 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  9 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. CHARLES (CHUCK) S. ANDERSON Chief Executive Officer Waters-Oldani Executive Recruitment Division Charles (Chuck) S. Anderson is the Chief Executive Officer for the Waters-Oldani Recruitment Division within the Waters Consulting Group (WCG). In this role he also is a senior consultant within the HR Consulting Division for projects related to organizational design and development, strategic planning, and leadership/management development. Prior to joining the WCG, Chuck worked for local governments and public education, including City Manager for Dallas, Texas; Executive Director for the Dallas Area Rapid Transit (DART); and Executive Director for the Michigan Education Association. Chuck also served as Director for Local Government Reform for the International City/County Association (ICMA), managing a U.S. government contract for the planning and delivery of technical assistance to local governments in Central and Eastern Europe. His last assignment in this role with ICMA was to recruit and supervise a team of technical consultants to assist in re-building local governments in Bosnia following agreement on the Dayton Accords. During his service with the Michigan Education Association, Chuck also served as Senior Consultant for Urban Planning and Management for Michigan State University’s Institute for Public Policy and Social Research. Areas of Expertise  Executive Recruitment  Leadership/Management Development  Organizational Design  Organizational Development Professional Accomplishments and Education Chuck received a Bachelor of Arts degree in political science and human resources management and a Masters of Public Administration degree from the University of Kansas. He received the prestigious L.P. Cookingham Award for Development of Young Professionals from the International City/County Management Association (ICMA) and the Minority and Women Advancement Award from the American Public Transit Association (APTA). He was also recognized as Public Administrator of the Year by the American Society of Public Administration (ASPA) and Outstanding Management Innovator (Honorable Mention) by ICMA. Chuck was recognized in 2007 with the Lifetime Achievement Award from his Public Administration Alumni Association at the University of Kansas. Town Council 106 of 252 Meeting Date: April 12, 2010Town Council 106 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  10 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. JERROLD (JERRY) OLDANI Senior Vice President Jerry Oldani’s expertise and personal attention to client needs exceeds traditional approaches to executive search. His search leadership reflects his extensive background in corporate management, human resources, consulting and community service. He often serves as an expert panel member at professional symposiums in the area of executive search. His skill at conducting analyses of complex public sector organizations sets the industry standard. His insights into both corporate and public sector management and thorough research and evaluation of candida te’s backgrounds have become hallmarks of the firm. For the last several years, Jerry has led the public sector search discipline in the placement of “women and people of color,” averaging over 47% of their total placements. With more than 35 years in executive search for the public sector, Jerry delivers solid and proven perspectives regarding human resources management, organizational analysis and executive search to the discipline. He has been a leading force in developing effective diversity-based recruiting methods, utilization of citizen groups in the recruiting processes and meeting the needs of public sector clients. His private sector focus has been in senior and executive level search for sales and marketing, human resources, finance and technical management personnel. Jerry, with the assistance of a dedicated staff, pioneered the use of a two year guarantee period and advanced recruiting brochures in the industry. Areas of Expertise  Executive Recruitment  Organizational Analysis  Diversity-based Recruiting Methods & Techniques  Conflict Resolution Professional Accomplishments and Education Jerry received the Bachelor’s of Arts in Public Administration degree from the California State University at Northridge and completed graduate studies in Industrial Psychology at the University of California at Los Angeles. He began his human resources career as Personnel Director at Univar Corporation. He was a Charter Member of the Business Advisory Council to the National Forum for Black Public Administrators (NFBPA) and Founding Member of the Hispanic Network. A decorated Viet Nam Veteran and Captain in the Marine Corps, Jerry has also held numerous positions of community leadership to include: Library Commission – City of Sunnyvale; Parks Board – City of Mountain View, California; Santa Clara Valley Rental Housing Mediation Authority and the Santa Clara Valley Minority Relations Resolution Group; Bellevue, Washington Form of Governance Committee; King County Metro Consolidation Committee; Bellevue Parks Board; Board of Directors Pacific Northwest Baseball Umpires Association; and Board of Directors Pacific Northwest Football Officials Association. Town Council 107 of 252 Meeting Date: April 12, 2010Town Council 107 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  11 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. CHUCK ROHRE Senior Consultant Chuck Rohre is a Senior Consultant for The Waters Consulting Group, Inc. (WCG). In this role, he is responsible for managing and conducting executive recruitment engagements for the firm to insure their integrity, timeliness and adherence to budget parameters. Chuck has more than 30 years of experience in managing and consulting in both the private and public sectors. He has served as Police Chief and Director of Public Safety for North Texas municipalities with populations ranging from 9,000 to 200,000 plus. Prior to beginning his consulting career, Mr. Rohre served for three years as Police Chief of Plano, Texas. Chuck joined the firm in January 2006 following a 13-year engagement with another nationally recognized public sector search firm where he managed the Texas and Southwestern operations. He has an extensive and successful track record of completed recruitment across the nation, primarily in the Midwestern and Southwestern states. He has also conducted management-consulting assignments in a number of areas including public safety, career development and strategic planning. He has written and presented training in a number of subject areas including personnel assessment, leadership and management skills, and career development for public sector employees. Areas of Expertise  Executive Recruitment  Background Investigations  Assessment Centers  Career Development  Law Enforcement Management and Training Professional Accomplishments and Education Chuck received his Bachelor’s degree in Career Development from the Dallas campus of Abilene Christian University and his Master’s degree in Human Relations and Management from the same institution. He has completed advanced management training at the Institute for Law Enforcement Administration and now serves on its adjunct faculty and advisory board. Chuck complet ed the Federal Bureau of Investigation’s prestigious LEEDS course at Quantico, Virginia. He is a veteran of the United States Army, serving in the United States and the Republic of Viet Nam. Town Council 108 of 252 Meeting Date: April 12, 2010Town Council 108 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  12 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. ANDREA BATTLE SIMS Senior Consultant Andrea Battle Sims has been working in executive search for over six years, managing all phases of the search process for municipal, county, state and non-profit organizations, focusing on the East, Midwest and Mid-Atlantic regions with numerous searches for a number of governmental and non-profit executives including: City and Assistant City Managers, Library Directors, Chief Information Officers, Police Chiefs, City/County Attorneys, Parks & Recreation Directors, Finance Directors and Workforce Development Executive Directors. Andrea is an experienced professional with over twenty years of prior experience in Information Technology, EDP Audit and Management experience in both the public and private sector. Her local government leadership roles include serving as the IT Director at Cleveland Public Schools with a staff of 50; Deputy Director of IT at Cuyahoga County with a staff of 70. In addition, her county experience includes creating a start-up venture to sell public computer access to the legal community. Ms. Sims has held management positions at AT&T, Progressive Insurance, and National City Bank managing IT projects as well as IT professionals, along with serving as an internal consultant/auditor. She has successfully managed IT professionals through the change process from legacy to client-server technologies including both private and public sector Year 2000 implementations. Areas of Expertise  Executive Search  Recruitment and Retention Training  Information Technology  Organizational Assessment  Strategic Planning and Implementation  Project Management  Process Improvement Professional Accomplishments and Education Andrea’s educational background includes a Bachelor of Arts in Mathematics from Spelman College, Atlanta Georgia and a Master of Science in Operations Research from The Wharton School at the University of Pennsylvania, Philadelphia, Pennsylvania. In addition, her post-graduate education includes numerous IT and management courses and seminars and certification from the Leadership Academy at Cleveland State University. Andrea’s current and past civic involvement includes the Board of Trustees at the American Cancer Society, Cuyahoga Unit; Junior League of Cleveland, along with leadership positions with the Links, Inc., the Spelman Alumnae Association, and Delta Sigma Theta, Inc. Town Council 109 of 252 Meeting Date: April 12, 2010Town Council 109 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  13 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. TROY COLEMAN, Ph.D. Senior Consultant Troy has more than 25 years of impressive professional and executive level human resources experience. Before joining Waters Consulting Group, Inc., Dr. Coleman was most recently the Associate Superintendent for Human Resource Services with the Dallas Independent School District, where he designed and managed program efficiencies and automation to support employee on-boarding, and employee relations and mediation services. He designed and managed a nationally recognized program focused on international recruitment and selection of teachers, professionals and administrators to staff the 10,000-member teacher group and more than 20,000 total employees in the district. He served as Human Resources Director for the City of Dallas, Texas. Dr. Coleman was Senior Vice- President for Human Resources for an eCommerce business, and he has held various human resources posts in higher education and in local and federal government. He was a lecturer in Organizational Behavior and Personnel and Human Resources Administration at the University of Texas, Arlington; College of Business Administration; and Southern Methodist University, Cox School of Business, where he also lectured on Alternative Dispute Resolution. Throughout his career, Dr. Coleman has designed and led organizational development engagements on Organizational Change, Workplace Diversity, Conflict Management, and Employee Relations. He successfully facilitated dispute resolution and mediation processes involving disputes between police/public safety agencies and the communities they serve, employee disputes over diversity issues at work, EEO/Affirmative Action matters affecting companies and government agencies, differences between governing bodies and executive leadership teams, employee relations issues regarding pay and work conditions, and general interpersonal relations disputes. He was a faculty member with leadership institutes at George Washington University and the National Forum for Black Public Administrators. Areas of Expertise  Recruitment and Selection  Pre-employment and Promotional Testing and Assessments  Workplace Diversity and Inclusion Programs  Training and Organizational Development  EEO and Equity Systems Analysis and Design  Mediation and Conflict Resolution Training  Competency-based Performance Achievement Programs Professional Accomplishments and Education For more than 12 years with his own firm, Dr. Coleman successfully designed and facilitated diversity training programs and services for federal and local governments, police, fire and public safety agencies, corporate businesses, and he has lectured at national conferences on the subject of managing diversity in the workplace. He has also managed projects that incorporate diversity and community relations with communities experiencing demographic and social change. He earned his doctorate from the University of North Texas and his master’s and bachelor’s degrees from Texas A&M University, Commerce. He has been a Licensed Professional Counselor, and he is an active member of the American Psychological Association. Town Council 110 of 252 Meeting Date: April 12, 2010Town Council 110 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  14 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. PROFESSIONAL REFEREN CES  City of Abilene, Texas (325) 676-6206 Mayor Norman Archibald Project: Selection of City Manager  City of Fort Worth, Texas (817) 392-6116 Mr. Dale Fisseler City Manager Project: Selection of City Manager  City of Friendswood, Texas (281) 996-3200 Mayor David Smith Project: Selection of City Manager  Town of Highland Park, Texas (214) 521-4161 Mayor William H. Seay, Jr. Project: Selection of Town Administrator  City of The Colony, Texas (972) 625-1796 Mr. Tony Johnston Interim City Manager Project: Selection of City Manager  Pinellas County, Florida (727) 464-3367 Ms. Beverly Waldron Manager of Employment & Testing Project: Selection of County Administrator  City of Fort Myers, Florida (239) 321-7022 Mr. William Mitchell City Manager Project: Selection of Assistant City Manager  City of Sachse, Texas (972) 495-1212 Mr. Allen Barnes City Manager Project: Selection of City Manager  City of Fountain, Colorado (719) 471-7955 Mr. M. Allen Ziegler City Attorney Project: Selection of City Manager  City of Commerce City, Colorado (303) 289-3600 Mr. Jerry Flannery City Manager Project: Selection of City Manager  City of New Braunfels, Texas (830) 221-4390 Ms. Julie O'Connell Human Resources Director Project: Selection of City Manager  City of Kerrville, Texas (830) 257-6020 Mayor Steven Fine Project: Selection of City Manager  City of Troy, Michigan (248) 524-3323 Ms. Lori Griggs Bluhm City Attorney Project: Selection of City Manager  Loudoun County, Virginia (703) 737-8632 Ms. DL Mears Human Resources Officer Project: Selection of County Administrator  City of Emporia, Kansas (620) 343-4251 Mr. Matt Zimmerman City Manager Project: Selection of City Manager  City of Grand Rapids, Michigan (616) 456-3168 Mayor George Heartwell Project: Selection of City Manager Town Council 111 of 252 Meeting Date: April 12, 2010Town Council 111 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  15 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. SAMPLING OF RELEVANT RECRUITMENTS Client Position  Abilene, Texas City Manager  Alexandria, Virginia Assistant City Manager  Allen, Texas City Manager  Ann Arbor, Michigan City Manager  Arlington, Texas Deputy City Manager  Baytown, Texas City Manager  Beaumont, Texas Assistant City Manager City Manager (2)  Bee Cave, Texas City Administrator  Bellevue, Washington City Manager (3) Deputy City Manager  Bend, Oregon City Manager  Blaine, Minnesota City Manager  Bothell, Washington Assistant City Manager City Manager  Boulder, Colorado City Manager  Bridgeport, Texas City Administrator  Brookings, South Dakota City Manager  Brooklyn Park, Minnesota City Manager  Broward County, Florida Deputy Port Director  Brownsville, Texas City Manager  Brownwood, Texas City Manager  Buda, Texas City Manager  Cameron, Texas City Manager  Canton, Texas City Manager  Carrollton, Texas City Manager  Casa Grande, Arizona City Manager  Chandler, Arizona Assistant City Manager  Chehalis, Washington City Manager  Coalinga, California City Manager  College Station, Texas Assistant City Manager  Commerce City, Colorado City Manager  Corpus Christi, Texas City Manager Assistant City Manager of Development Services  Corvallis, Oregon City Manager  Covington, Washington City Manager  Davis, California City Manager  Denton, Texas City Manager Assistant City Manager, Neighborhood Services  Dubuque, Iowa City Manager  El Paso, Texas Deputy City Manager  Elmwood Park, Illinois Village Manager  Emporia, Kansas City Manager Town Council 112 of 252 Meeting Date: April 12, 2010Town Council 112 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  16 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. Client Position  Englewood, Colorado City Manager  Evanston, Illinois City Manager  Farmers Branch, Texas City Manager  Fate, Texas City Manager  Fayetteville, North Carolina Assistant City Manager  Federal Way, Washington City Manager  Ferguson, Missouri City Manager (2)  Forney, Texas City Manager  Fort Collins, Colorado City Manager  Fort Collins, Colorado Deputy City Manager  Fort Myers, Florida Assistant City Manager  Fort Worth, Texas Assistant City Manager (3)  Fort Worth, Texas City Manager  Fountain, Colorado City Manager  Fresno, California Assistant City Manager  Friendswood, Texas City Manager  Gatesville, Texas City Manager  Glendale, Arizona Deputy City Manager  Grand Rapids, Michigan City Manager  Great Falls, Montana City Manager  Greenville, South Carolina Assistant City Manager City Manager  Greenwich, Connecticut Town Administrator  Gresham, Oregon City Manager  Highland Park, Texas Town Administrator  Hobbs, New Mexico City Manager  Horseshoe Bay, Texas City Manager  Huntsville, Texas City Manager  Iowa City, Iowa City Manager  Irving, Texas City Manager (2)  Jasper, Texas City Manager  Juneau, Alaska City Manager  Kerrville, Texas City Manager  Ketchikan Gateway Borough, Alaska Borough Manager  Kilgore, Texas City Manager  Killeen, Texas Assistant City Manager  Kirkland, Washington Assistant City Manager City Manager  La Grande, Oregon City Manager  La Porte, Texas City Manager  Lake Oswego, Oregon City Manager  Lancaster, California Assistant City Manager  Lee’s Summit, Missouri City Administrator  Little Rock, Arkansas City Manager  Long Beach, Washington City Administrator  Longmont, Colorado City Manager  Longview, Washington City Manager  Loveland, Colorado City Manager (2)  Lubbock, Texas City Manager Town Council 113 of 252 Meeting Date: April 12, 2010Town Council 113 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  17 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. Client Position  Maple Valley, Washington City Manager  Mercer Island, Washington Deputy City Manager City Manager  Midland, Texas City Manager  Midlothian, Texas City Manager  Mill Creek, Washington City Manager  Missouri City, Texas Assistant City Manager City Manager  Modesto, California Deputy City Manager  Mont Belvieu, Texas City Administrator  Mount Pleasant, Texas City Manager  Mount Prospect, Illinois Village Manager  Murphy, Texas City Manager  Nederland, Texas City Manager  New Braunfels, Texas Assistant City Manager  Newcastle, Washington City Manager  Norfolk, Virginia Assistant City Manager  Norman, Oklahoma City Manager  North Richland Hills, Texas Assistant City Manager  Odessa, Texas City Manager  Oregon City, Oregon City Manager (2)  Paris, Texas City Manager  Pearland, Texas City Manager  Pinellas County, Florida County Administrator  Pittsburg, Texas City Manager  Plano, Texas Assistant City Manager (3) City Manager (2)  Port Arthur, Texas City Manager  Port of Long Beach, California Deputy Executive Director/Chief Operating Officer  Port of Seattle, Washington Managing Director  Puyallup, Washington City Manager  Ramsey, Minnesota City Manager  Richardson, Texas Assistant City Manager  Roanoke, Virginia Assistant City Manager  Roseville, Minnesota City Manager  Sachse, Texas City Manager  Saint Louis Park, Minnesota City Manager (2)  San Angelo, Texas City Manager  San Diego, California Deputy City Manager  San Jose, California Assistant City Manager  Sanger, Texas City Manager  Sealy, Texas City Manager  Seatac, Washington City Manager  Snoqualmie, Washington City Administrator  Snyder, Texas City Manager  Soldotna, Alaska City Manager  Spokane, Washington Chief Administrative Officer  Springfield, Ohio City Manager Town Council 114 of 252 Meeting Date: April 12, 2010Town Council 114 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  18 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. Client Position  Sugar Land, Texas Assistant City Manager (2)  Terrell, Texas City Manager  Texas Municipal Retirement Systems- TMRS (Austin, Texas) Executive Director  Tomball, Texas City Manager  Virginia Beach, Virginia Assistant City Manager/CFO  Waco, Texas City Manager  Walla Walla, Washington City Manager  Weatherford, Texas City Manager  West Des Moines, Iowa City Manager  West St. Paul, Minnesota City Manager  Woodbury, Minnesota City Administrator  Wrangell, Alaska City Manager Town Council 115 of 252 Meeting Date: April 12, 2010Town Council 115 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  19 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. PROFESSIONAL FEE The professional fee to conduct the recruitment is provided below. Expenses are not included in the professional fees and are billed separately as incurred. Project-related expenses are approximately $6,500.00. Project-related expenses include such items as: job posting and advertising fees on various web sites and classified advertising fees in printed publications; consultant travel expenses; background checks/assessments; printing and production of necessary materials such as brochures, profiles and final reports; transportation; telephone fees; shipping and postage. Travel expenses incurred by candidates for on-site interviews with the client are not the responsibility of Waters-Oldani and are handled directly by the organization. The professional fee will be billed in four installments; 30% of the fee will be billed at the beginning of the search; 30% at the implementation of Phase II; 30% at the implementation of Phase III; and the final 10% upon acceptance of offer by the candidate. If candidates from this recruitment process are selected for another position within your organization within one year of the close of the recruitment, a fee of 50% of the above mentioned proposal amount will be due to Waters-Oldani Executive Recruitment. All questions regarding the professional fees and project-related expenses should be directed to Chuck Anderson, CEO of Waters-Oldani Executive Recruitment Division at canderson@watersconsulting.com or via phone at 817.965.3911. PHASE DESCRIPTION OF PROFESSIONAL SERVICES Phase I Task 1 – Candidate Profile Development/Advertising/Marketing (includes one day on site by Lead Consultant) Task 2 – Identify Quality Candidates Phase II Task 3 – Preliminary Screening & Initial Report to Client Task 4 – Reference Checks, Background Checks, and Academic Verifications Phase III Task 5 – Final Process/On-Site Interviews with Finalists (includes two days on site by Lead Consultant) Conclusion Acceptance of offer by candidate TOTAL PROFESSIONAL FEE $15,500.00 * Additional recruitments within twelve months would qualify for the discounted professional fee of $12,500.00 plus expenses. OPTIONAL SERVICES FOR CONSIDERATION FEES Additional work related to the search process and as specifically requested by the client which is outside of the scope of this project (i.e. additional onsite meetings) is additional. The fixed professional fee for this recruitment anticipates no more than three onsite consulting days with one consultant. However, we would be pleased to provide additional onsite consulting visits for our standard daily rate of $1500 plus expenses. $1500.00 per day plus expenses Town Council 116 of 252 Meeting Date: April 12, 2010Town Council 116 of 252 Meeting Date: April 12, 2010 © 2010-The Waters Consulting Group, Inc. Page  20 THIS PROPOSAL CONTAINS PROPRIETARY INFORMATION AND IS THE SOLE PROPERTY OF WCG, INC. THIS PROPOSAL IS NOT TO BE REPRODUCED FOR ANY REASON WITHOUT THE WRITTEN CONSENT OF WCG, INC. OUR PRICE PROTECTION INITIATIVE Our Price Protection Initiative is designed for new clients in new markets. Simply stated, we will match the lowest comparable proposal’s price, including professional fees and project -related expenses that you have received during the proposal review process. We only ask that we have one day to review and acknowledge the scope of equivalent work offered by the lowest bidder. In addition to our Price Protection Initiative, we also offer the guarantee that we will not provide any fewer services than outlined in the lowest comparable proposer’s scope of work. In short, we guarantee the highest quality services in the market at the lowest price. Our goal in providing this initiative is to demonstrate our strong desire to gain your consulting business and to illustrate exactly what makes our firm different in the competitive market. Even though we have been providing executive recruitment and human resource consulting services to the public sector for more than twenty years, we have not had the opportunity to do business with the City of Trophy Club. Our belief, based on past experience over the last two decades, is that if we can gain your trust with this opportunity, we will have a long-lasting professional relationship, not only with a new and unique client, but also in a new geographic market. We would consider it a privilege to work with the City of Trophy Club with the recruitment of your City Manager. In the meantime, if you have any questions, you may contact me directly (817)965-1911 or via email at canderson@watersconsulting.com. Town Council 117 of 252 Meeting Date: April 12, 2010Town Council 117 of 252 Meeting Date: April 12, 2010 Town Council 118 of 252 Meeting Date: April 12, 2010Town Council 118 of 252 Meeting Date: April 12, 2010 Chris Hartung Consulting 3808 Woodvine Drive Euless, Texas 76040 March 24, 2010 Mr. Brandon Emmons Town Manager Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 Dear Mr. Emmons; It is a pleasure for me to submit to you this proposed work plan outlining my approach to assisting the Town Council of Trophy Club in the recruitment and selection of the next Town Manager. I am excited about the opportunity to be a part of the process of finding a truly outstanding public management professional who can participate as a member of the Town's leadership team in partnership with the Town Council. This work plan has been prepared based upon our discussions of the Town Council's current needs, my understanding of the search process specifically involving city management professionals, my experience in similar searches and my experience as a City Manager in Texas. I am particularly excited about this opportunity to assist the Town of Trophy Club because of my previous involvement in other similar searches conducted by for city managers and other chief administrators. I fully understand the importance of this decision to the community. This work plan involves a partnership between the consultant and the Town Council and staff in an effort to take advantage of the skills and abilities of both, while keeping the cost as low as possible. I am prepared to begin this search immediately. I will be happy to discuss this work plan and answer any questions at your convenience. Please call me at 817-545-3443 or e-mail at gchart3808@att.net. Sincerely, Chris Hartung Owner/President 6 Chris Hartung Consulting 3808 Woodvine Dr., Euless, Texas 76040 Town Council 119 of 252 Meeting Date: April 12, 2010Town Council 119 of 252 Meeting Date: April 12, 2010 Proposed Work Plan Recruitment and Selection of the Next Town Manager for the Town of Trophy Club Scope of the Project: The Town Council of the Town of Trophy Club is currently considering various approaches to recruit and evaluate candidates to fill the vacant position of Town Manager. We understand the Town Council will be seeking an experienced city management professional who can lead the Town organization through the current challenging economic situation. This work plan has been developed to utilize the expertise and background of the consultant while taking advantage of the participation of the Town staff as well. Task One: Development of the Profile and Advertising Strategy The Consultant will meet with the Town Council and others, as appropriate, to discuss the background, qualifications and characteristics which would make someone a truly outstanding candidate for this position. During these discussions, the Consultant will also gather information about immediate issues that will confront the new Town Manager during the first twelve to twenty-four months of employment. During these discussions, the Consultant will gather information from the Town staff to be used in the development of a community profile to be included with the advertising piece to be developed for this recruitment. During these initial meetings, the Consultant will also ask the Town Council to designate one person to be the Project Coordinator and the primary contact for this project. Following these discussions, the Consultant will develop a profile describing the ideal candidate background. This profile will be submitted to the Town Council for review and approval before its use in Task Two. Once the Town Council has approved the profile, the Consultant will prepare a brochure based upon the profile to be used as an advertising piece during Task Two. The completed brochure will include instructions to interested parties indicating that they should forward their resume and other information directly to the Consultant. As part of Task One, the consultant will also advise the Town staff regarding the placement of ads in various professional organization job posting web sites and/or journals as mutually agreed to by the Consultant and the Town Council. This assistance will include the development of draft ad copy for the Town staff to use in placing these notices. It is understood that the Town staff will place and pay directly for these ads. 2 Chris Hartung Consulting 3808 Woodvine Dr., Euless, Texas 76040 Town Council 120 of 252 Meeting Date: April 12, 2010Town Council 120 of 252 Meeting Date: April 12, 2010 Task Two: Recruitment of Outstanding Candidates for the Position Following completion of Task One and placement of the advertising, the Consultant will undertake a process of contacting, directly by telephone and electronically, individuals in the city management field as well as other local government officials, consultants, and others with knowledge of city management to identify potential candidates for the position. This effort will be national or regional at the direction of the Town Council. The Consultant will extensively circulate the community and position profile developed during Task One as part of this effort. Our past experience in similar searches of this kind has shown us that often the best qualified candidates are not in the active job market and do not respond to traditional advertising approaches. The Consultant will acknowledge receipt of all resumes to the applicants and will prepare a master list of applicants. It is recommended that the position be posted by the Town as “Open until filled”, so that resumes which come in after the first review can be considered. Task Three: Initial Screening of the Applicant Pool Following the first review date, the Consultant will begin the screening process. Initially, applicant information will be reviewed to allow the Consultant to eliminate candidates whose resumes do not indicate the background and qualifications desired by the Town Council as described in the profile developed in Task One. The Consultant will continue to review the applicants in an effort to identify ten to twelve who appear to meet the minimum qualifications and experience desired by the Town Council. The Consultant will submit a questionnaire to these candidates seeking additional information about the applicant's background and accomplishments in several specific areas of importance to the Town Council. Once the questionnaires have been completed, it is anticipated that the Consultant will meet with the Town Council to discuss the pool of candidates. The objective of this discussion will be to identify a group of six to ten candidates for the Consultant to interview by telephone. These interviews will be scheduled to last one hour to an hour and a half, and are intended to provide the Consultant with sufficient information about the background and accomplishments of the candidates to allow the development of a recommendation to the Town Council for a group of four to six candidates to be designated as finalists. These finalists will be scheduled for interviews with the Town Council in Trophy Club. During this Task, the Consultant will conduct an Internet search for information published about any of the potential finalists. As a final step in this Task, the Consultant will meet with the Town Council to discuss the results of the interviews with the candidates. The objectives of this meeting will be to identify the finalists to be interviewed by the Town Council and to develop a schedule for the final interview process. With concurrence of the Town Council, the Consultant will move forward to Task Four, Gathering of Reference Information. 3 Chris Hartung Consulting 3808 Woodvine Dr., Euless, Texas 76040 Town Council 121 of 252 Meeting Date: April 12, 2010Town Council 121 of 252 Meeting Date: April 12, 2010 Task Four: Gathering of Reference Information Upon completion of Task Three, the Consultant will obtain a release from each of the finalists, allowing him to contact references and to gather information about his/her background including education verification. The candidates will also be given information about the schedule for interviews in Trophy Club. The main effort in Task Four will be to contact named and unnamed references to gather information about what others think about the potential finalists. The Consultant will request at least ten named references from each candidate and will contact at least seven of them. We will also contact other individuals familiar with the candidate's work experience but not named as references as well. In addition, if requested by the Town Council, the Consultant will have a third party investigate court records, driver license, and credit reporting sources to determine if there are any problems in these areas of a candidate's background that the Town Council should be aware of. The Consultant will verify any degrees claimed by the candidates through educational clearinghouses or the institutions. If negative information is discovered during this Task, the Town Council will be informed as soon as possible. Task Five: Final Interview Process and Completion of Search As part of the base fee, the Consultant will be available to assist the Town Council as needed in the preparation and conduct of the final interviews in Trophy Club. The Consultant will notify finalists about the schedule and other details of the interview process. Candidate travel expenses are the responsibility of the Town. The Consultant will prepare a binder containing information on all of the finalists for the Town Council to be available to them prior to the interviews. The information will include the resumes and other information provided by the candidates, a written summary of each candidate's background and experience developed as a result of the Consultant's interview with each finalist and the written reference notes. (Reference notes are typically only provided to the hiring authority and those in the hiring chain, but not to potential peers or outside panel members.) The Consultant will also be available to attend the final interviews, not to participate in the questioning of candidates, but to assist the Town Council and facilitate discussion if desired. Following completion of the interviews, the Consultant will also be available to assist in negotiations of a salary and benefit offer with the selected candidate. Guarantee: If for some reason, the Town Council is not able to appoint a new Town Manager following these interviews, the Consultant will work to develop an additional group of finalists for the Town Council to consider. We will stay with the process until an appointment is made for the basic fee outlined below. We also will not solicit the selected candidate for other search assignments during his/her tenure with the Town of Trophy Club. If the candidate selected as a result of this contract is terminated or resigns within twelve months of appointment, we will conduct a new search to fill the position for no additional fee but only with the reimbursement of out-of pocket expenses. 4 Chris Hartung Consulting 3808 Woodvine Dr., Euless, Texas 76040 Town Council 122 of 252 Meeting Date: April 12, 2010Town Council 122 of 252 Meeting Date: April 12, 2010 5 Chris Hartung Consulting 3808 Woodvine Dr., Euless, Texas 76040 Proposed Fee and Expenses: The fee for completion of the work plan described in this proposal is $13,500, plus reimbursement for out of pocket expenses. Expenses include the direct cost for printing, postage/shipping, consultant mileage and travel expenses, and third-party background research, but do not include costs for advertising or candidate travel which are handled directly by the City. The fee is due and payable according to the following schedule: $2500 due at execution of the agreement for the project. $2000 due at completion of Task One, $2500 at completion of Task Two, $2000 at completion of Task Three, $2000 at Completion of Task Four, $1500 at submission of the finalist binders prior to the interviews in Task Five, and $1000 when the search is finalized and the appointment is made. Expenses will be billed as incurred. Payments should be sent to Chris Hartung Consulting, P.O. Box 434, Bedford, Texas 76095. Town Council 123 of 252 Meeting Date: April 12, 2010Town Council 123 of 252 Meeting Date: April 12, 2010 G. CHRIS HARTUNG Owner/President of Chris Hartung Consulting Chris Hartung is the Owner and President of Chris Hartung Consulting. Chris has over twenty years of public sector consulting experience in the areas of executive search, compensation, classification and other management consulting projects. Chris also has almost 20 years of experience as a manager in city government, including service as Director of Finance, Assistant City Manager, and City Manager in full service municipalities with populations ranging from 15,000 to 160,000. He served for eight (8) years as City Manager of Denton, TX and for seven (7) years as Assistant City Manager for the City of Garland, Texas. Chris has conducted management-consulting assignments in a number of areas including compensation planning and implementation, strategic planning, organizational staffing, total quality management, and executive recruitment. He has written and presented training in a number of subject areas including recruitment and selection of key employees, effective performance evaluation, leadership and management skills, and customer relations in a public sector environment. Professional Accomplishments and Education Chris received his bachelor’s degree in government from Southern Methodist University and his master’s degree in public administration from the University of North Texas. He has conducted lectures and seminars for Texas A&M University, the University of Texas at Austin, the University of Texas at Arlington, and the University of North Texas. Chris is on the faculties of the Bill Blackwood Law Enforcement Management Institute of Texas (LEMIT) hosted by Texas Woman’s University and the Certified Public Manager Program (CPM) at the University of Texas at Arlington. 6 Chris Hartung Consulting 3808 Woodvine Dr., Euless, Texas 76040 Town Council 124 of 252 Meeting Date: April 12, 2010Town Council 124 of 252 Meeting Date: April 12, 2010 6 Chris Hartung Consulting 3808 Woodvine Dr., Euless, Texas 76040 Client References for Chris Hartung City of Abilene, Texas Norman Archibald, Mayor (325) 676-6206 City Manager Search City of Mount Vernon, Texas Jerry Boatner, Mayor (903) 572-8528 City Manager Search (3) City of Fate, Texas Bill Broderick, Mayor (817) 454-8287 City Manager Search Town of Addison, Texas Ron Whitehead, City Manager (972) 450-7028 Multiple Searches and Other Projects City of Desoto, Texas Jim Baugh, City Manager (972) 230-9644 Multiple Searches City of Cedar Hill, Texas Alan Sims, City Manager (972) 291-5100 Director of Parks and Recreation (Recent) Staff Engineer (Current) Dallas Area Regional Mobility Coalition Rob Franke, Chair (Mayor of Cedar Hill) (214) 373-7873 Executive Director (Recent) Town Council 125 of 252 Meeting Date: April 12, 2010Town Council 125 of 252 Meeting Date: April 12, 2010 From: Gary Holland [mailto:gholland73@hotmail.com] Sent: Friday, March 26, 2010 11:48 AM To: Brandon Emmons Subject: Mercer Group Proposal - Town Mgr Search Hi Brandon: Please find the attached information per your request regarding search services for the next Town Manager. I very much appreciate your help in presenting this information to the Town Council, and I will be glad to come to Trophy Club to meet with the Council at the appropriate time. A few points worth mentioning here are: The budget proposed for direct expenses is a "not-to-exceed" amount of $7000. However, my typical actual expenses have been around $4000 to $4500 depending on requests from the city councils (I conducted 12 video-recorded interviews for Bridgeport). This budget allows for accommodation of council requests without having to get extraordinary approval for the expense. I can also keep travel expenses down, since Trophy Club is within easy driving distance. I appreciated the report you provided on Trophy Club. This information in concert with much more will facilitate beneficial conversations with top candidates on the challenges of the position. The goal is to find candidates with the best fit for the community. Thanks again, and best wishes as you make the transition to Bridgeport. Gary Holland Senior Vice President The Mercer Group 405-269-3445 Town Council 126 of 252 Meeting Date: April 12, 2010Town Council 126 of 252 Meeting Date: April 12, 2010 2603 South Oxford Drive Stillwater, Oklahoma 74074 Phone 405-269-3445 gholland@mercergroupinc.com gholland73@hotmail.com April 12, 2010 The Honorable Connie White Mayor City of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Dear Mayor White and Town Council members: Thank you for your inquiry about the services of The Mercer Group, Inc. to assist in the recruitment of a new Town Manager. We are pleased to submit this proposal for the City to evaluate our qualifications. We are very interested in assisting with this critical project. If selected to conduct the search, we are prepared to begin the work immediately following contract approval. We believe we can accomplish this project in a knowledgeable and efficient manner. The purpose of engaging the services of an executive search firm is to seek out and recruit experienced candidates and to assist the City in selecting highly qualified individuals who meet the profile and needs of the City and who might not otherwise apply. The Mercer Group, Inc. is exceptionally well qualified to assist the City with this project. We have conducted recent searches for city managers in similar communities nationwide. We are well experienced and very deliberate in determining the standards expected by elected officials so that the recruitment is well founded from the beginning. Prior to joining The Mercer Group, I gained over 27 years of direct experience in local government management. My local government work includes 10 years technical consulting and educational work with cities and counties throughout Texas, Oklahoma, Kansas, and Missouri as well as over 17 years executive level experience in one of the fastest growing cities in the nation. James Mercer has been conducting successful executive search services since 1981. This proposal is designed to provide an indexed and easily usable document for the City of Trophy Club to assess the qualifications of The Mercer Group, Inc. to handle this critical work. It contains the following sections: Table of Contents; Introduction, Background, and Objectives; Our Approach, Work Plan and Schedule; Firm History, Qualifications and Staffing; Why You Should Select The Mercer Group, Inc.; and Agreement/Contract. Appendices include our abbreviated list of References (we will be happy to provide the entire list of all positions); and Questions and Answers about Executive Search. Our performance guarantees are described on p. 17. Town Council 127 of 252 Meeting Date: April 12, 2010Town Council 127 of 252 Meeting Date: April 12, 2010 I will conduct this search personally with professional support from Mr. James Mercer in establishing effective recruitment networks and channels. We are able as well to draw upon the leads and contacts of several other Mercer associates across the country. Thank you for the opportunity to respond to this important assignment. It would be our pleasure to be of service to the City of Trophy Club. This proposal is valid for ninety (90) days from receipt by the City of Trophy Club. Please call me at 405-269-3445 with any questions. Sincerely yours, THE MERCER GROUP, INC. Gary W. Holland Senior Vice President Enclosures Town Council 128 of 252 Meeting Date: April 12, 2010Town Council 128 of 252 Meeting Date: April 12, 2010 CITY OF TROPHY CLUB, TEXAS Proposal for Executive Recruitment Services for the Position of TOWN MANAGER April 12, 2010 THE MERCER GROUP, INC. Town Council 129 of 252 Meeting Date: April 12, 2010Town Council 129 of 252 Meeting Date: April 12, 2010 TABLE OF CONTENTS Section Page No. Cover Letter I. INTRODUCTION, BACKGROUND, AND OBJECTIVES.....................................1-3 A. Introduction and Background B. Objectives of the Search Process II. OUR APPROACH, WORK PLAN AND SCHEDULE...........................................4-11 A. Approach B. Work Plan 1. Position Analysis 2. Recruitment Process 3. Resume Review 4. Candidate Screening 5. Background Investigation 6. Interview Process 7. Negotiation and Follow-up C. Schedule III. COST PROPOSAL ...............................................................................................12-13 IV. FIRM HISTORY, QUALIFICATIONS AND STAFFING ...................................14-16 A. Firm Qualifications B. Resumes of Our Key Search Staff V. WHY YOU SHOULD SELECT THE MERCER GROUP, INC...........................17-19 VI. AGREEMENT.........................................................................................................20-21 APPENDICES A. References ..................................................................................................................... B. Questions and Answers About Executive Search............................................................. LIST OF EXHIBITS I. The Mercer Group, Inc. Sample Candidate Evaluation Checklist II. Schedule of Meetings with Town Council Town Council 130 of 252 Meeting Date: April 12, 2010Town Council 130 of 252 Meeting Date: April 12, 2010 Proposal to the City Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 1 I. INTRODUCTION, BACKGROUND, AND OBJECTIVES This section presents our understanding of the City of Trophy Club's requirements for this search as well as the objectives and scope of the project. A. Introduction and Background Trophy Club began in 1973 when Houston developers Johnson and Loggins approached the Council of Westlake on the possibility of constructing a housing development around a posh country club. The town name came from the original plan that the Country Club would house the trophy collection of golfing legend Ben Hogan. The Hogan course at Trophy Club Country Club is the only golf course ever designed by Mr. Hogan. In 1983, Gibraltar sold the development to Independent America Group of Dallas who added nine holes to the golf course called the Eagle. As with the early pioneers, the residents needed a voice in planning the future of the town, and Trophy Club was incorporated on January 19,1985. The City of Trophy Club operates with a Council-Manager system. The Town Council is composed of five members plus the Mayor serving as the Council chairperson. The Council establishes policies, enacts ordinances, approves rules and regulations, and provides policy direction. The Town Manager, appointed by the Town Council, is responsible for the strategic management of the operating and administrative services and for executing the policies and laws of the Council. It is our understanding that:  It is the intention of the Town Council to provide an efficient, deliberate selection process for the new Town Manager. The Council wishes to appoint a new Town Manager promptly, following a deliberate professional search.  The Town Council will consider assistance from a recruitment and search firm immediately in order to act promptly in recruiting a new Town Manager.  The City is considering "turn-key" executive search services and support in connection with the recruitment of a new Town Manager. We are prepared also for coordination with any supplemental search committee appointed by the Council.  Services required include position analysis and preparation of a position profile; recruitment for the position; inviting potential candidates to apply; reviewing and screening applications; conducting preliminary interviews and background checks of Town Council 131 of 252 Meeting Date: April 12, 2010Town Council 131 of 252 Meeting Date: April 12, 2010 Proposal to the City Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 2 selected candidates; recommending a list of final candidates; preparing the Council and coordinating final interviews; negotiating; and following up.  The City wishes to conduct a comprehensive recruitment process to ensure the best qualified candidates are found and that the best qualified individuals who are acceptable can be hired.  The annual salary and benefits package for the position will be discussed with the Town Council. B. Objectives The objectives that we will meet in order to help find the best qualified candidates for the position are as follows:  To conduct on-site needs assessment for the new Town Manager.  To develop a comprehensive position profile.  To reconcile any differences in points of view with regard to specifications for the position.  To encourage top level people to apply who might otherwise be reluctant to respond to an advertisement.  To save a considerable amount of Council and staff time in establishing a position profile and reviewing applicants.  To comply with appropriate personnel regulations and laws (i.e., EEO and ADA).  To independently and objectively assess the qualifications and suitability of candidates for the position.  To recommend a pool of finalist candidates to the Council.  To coordinate finalist candidate interviews with the Council.  To mail an informational brochure describing the City and the position to targeted prospects.  To respond to all candidate inquiries and produce all correspondence throughout the search. Town Council 132 of 252 Meeting Date: April 12, 2010Town Council 132 of 252 Meeting Date: April 12, 2010 Proposal to the City Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 3  To preserve the confidentiality of inquiries to the degree possible under Texas law.  To assist the Council in reaching a final decision.  To assist in negotiating a compensation package with the successful candidate on behalf of the City.  To assist the Council in establishing performance expectations and evaluating the new Town Manager's performance.  To follow up with the Council and the new Town Manager during the first year to determine if adjustments need to be made.  To keep the Council closely involved in key decisions and informed of our progress. Town Council 133 of 252 Meeting Date: April 12, 2010Town Council 133 of 252 Meeting Date: April 12, 2010 Proposal to the City Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 4 II. OUR APPROACH, WORK PLAN AND SCHEDULE This section presents our approach, work plan and schedule for the search project. A. Approach Our approach and style are interactive. A partnership is formed with our client to conduct a project. The Mayor, Council members and others you may ask to participate in the process will benefit through ease of implementation and by gaining more in-depth knowledge of the professional screening and selection of candidates. B. Work Plan We recommend a seven (7)-step search process as follows: 1. Position Analysis We will study and define work relationships, job qualifications and requirements for the position, update our knowledge of the community and City organization and create a "Position Profile." 2. Recruitment Process We will recruit regionally and nationally (more than just advertising) for the position and network to locate qualified candidates. 3. Resume Review We will identify qualified candidates. 4. Candidate Screening We will carefully screen prospective finalists according to the selection criteria contained in the Position Profile. 5. Background Investigation We will thoroughly evaluate the professional accomplishments, strengths and weaknesses, education and other records of prospective finalists prior to your interviews. 6. Interview Process We will coordinate interviews with the Council and facilitate selection. 7. Negotiation and Follow-up We will facilitate employment and follow up to ensure complete integrity of the process. Each step in this process for the Town Manager is described below. 1. Position Analysis We will have extensive consultation with the Mayor, Council members, and City staff as well as other individuals or groups (if you wish) to learn the City's current vision/mission, goals and objectives, the needs and issues, requirements of the job, and to verify information about the environment within which the position functions. We will spend a considerable amount of time at the beginning of the process in Trophy Club in order to update our knowledge of the community and the City organization. Town Council 134 of 252 Meeting Date: April 12, 2010Town Council 134 of 252 Meeting Date: April 12, 2010 Proposal to the City Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 5 During this process, we will initiate individual interviews with Council members, the Mayor, department heads and key staff, and other community leaders if you wish to identify expectations, perceptions, and issues regarding the position, as well as the desired personal characteristics of the next successful Town Manager. If the Council wishes to appoint a citizens’ search committee or similar community group, we will establish the same initial process with that committee. Based on those meetings and interviews, we will prepare a draft position profile and review it with the Council in order to arrive at a general agreement regarding the specifications for the position. The final position profile will include information about the City, the community, major issues to be faced, the position, and the selection criteria established. Our Position Profiles are found to be thoroughly informative to prospective candidates. 2. Recruitment Process Because we have recently completed similar searches, we will review our database to determine those candidates whom we may already know and/or already have on file who may meet the City's specifications. Although this process is valuable, we will rely most heavily on our own contacts in the city management field and on our own experience. In other words, through "networking" (not just advertising) we will conduct a regional or nationwide professional search for the best qualified candidates and invite them to apply for the position. The Position Profile is a very effective tool during this phase of direct recruitment. We will also pursue a variety of advertising alternatives. We will place ads in professional journals and national and in-state newsletters to encourage applicants to apply. We are accustomed to using professional sources also that are relied upon by minority and women candidates. Here is an initial list of resources where we would expect to advertise. We will be open to other productive resources typically used by the City of Trophy Club.  ICMA Newsletter and web site  Texas Municipal League web site  Public Sector Jobs Bulletin and web site  Mercer Group and Trophy Club web sites  State associations of city managers and web sites  Targeted mailing of a four-color brochure highlighting the position and city 3. Resume Review We will review and analyze each applicant's background and experience against the position description criteria. We will acknowledge all resumes received and keep candidates informed of their status. Town Council 135 of 252 Meeting Date: April 12, 2010Town Council 135 of 252 Meeting Date: April 12, 2010 Proposal to the City Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 6 4. Candidate Screening Criteria for the preliminary screening will be contained in the approved "Position Profile". They may include such items as education, technical knowledge, experience, accomplishments, management style, personal traits, etc. Screening of candidates against those criteria will be based on data contained in the resumes and other data provided by the candidates and on our knowledge of the organizations in which they work. At this stage, each must meet the minimum qualifications specified in the Position Profile. We will be responsible for screening the applications received. This initial screening will be conducted by telephone with both the prospective candidate and with references who may know the candidate's background and expertise. Once the initial screening is completed, we will identify prospective candidates who most closely match the criteria established by the Town Council. We will contact leading candidates and personally talk with each. We will closely examine their experience, qualifications and achievements in view of the selection criteria and our professional expertise in evaluating the quality of such qualifications and achievements. The output of this step in the process will be a Report on Leading Candidates with concise information of top candidates showing how each rates against the selection criteria established by the Council (Exhibit I). This report will be reviewed with the Council and guidance obtained prior to proceeding. It will include “thumbnail” comments about each proposed finalist with respect to some of the key selection criteria. Based on the preceding steps, a recommended list of finalists for the position of Town Manager will be compiled. We will meet with the Town Council to review the recommended list of finalists and seek your indication of the most promising few to invite for interviews. 5. Background Investigations As part of our process in evaluating your most promising candidates, we make detailed and extensive reference checks. In conducting these, it is our practice to speak directly to individuals who are now or have previously been in positions to evaluate the candidate's job performance. Town Council 136 of 252 Meeting Date: April 12, 2010Town Council 136 of 252 Meeting Date: April 12, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 7 EXHIBIT I SAMPLE CANDIDATE CHECKLIST Town Manager 1. Candidate’s full name__________________________________ Other names used_____________________________ Current title and employer_______________________________ 2. Current OR last annual salary___________________________________ Auto or allowance provided (specify)____________________________ Other compensation _____________________________ 3. What starting salary for this position is acceptable to you? 4. List name of college(s), city and state where degree(s) earned,name of degree(s)and year conferred. 5. List professional references available now to include supervisors, subordinates, and peers(minimum of six with phone numbers and home phone numbers if possible). 6. List six (6) career accomplishments of which you are most proud. 7. Provide a paragraph on the present (or last) city or county in which you work. 8. Please concisely describe your approach to effective council/manager relations. 9. Explain in a paragraph your management style and philosophy. 10. Describe in a paragraph your management approach to ensuring good customer service. 11. Please provide a concise narrative on your experience with the following: a. Economic development b. Information technology solutions c. Retaining, mentoring, and recruiting professional staff d. General aviation airports e. Interaction with other government agencies and chambers of commerce f. Water/wastewater treatment systems and electrical distribution systems g. Community involvement through civic clubs, chamber of commerce, etc. 12. Please briefly explain why you are interested in this position. 13. Please briefly explain why you are interested in leaving your current position. 14. If you are currently not employed, please explain (please list two references we can call who would know about this and could talk with us about it). 15. Pursuant to a thorough background check, would we find anything that might embarrass a future employer? 16. Please identify any litigation in which you were or are a participant. 17. What are your strengths and weaknesses relative to this position? We ask each candidate to provide us with a few key references. The references to be contacted will include supervisors, peers, and subordinates. In this way, we thoroughly evaluate each candidate using a 360 degree approach. We have talked to as many as 23 references concerning a single finalist candidate. These references and evaluations are combined to provide frank and objective appraisals of the top candidates. We also verify Town Council 137 of 252 Meeting Date: April 12, 2010Town Council 137 of 252 Meeting Date: April 12, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 8 past employment difficulties, if any, including any legal action filed against former employers. As part of our evaluation process, we verify undergraduate and graduate college degrees. Additionally, we arrange for credit checks, criminal checks, and a driving history report. 6. Interview Process We will prepare a written summary on each of your finalists. The information will cover, but not be limited to, 1) present position, 2) total years experience, 3) salary requirements, 4) education, 5) previous positions held, 6) notable projects, 7) management style, 8) skills and abilities, 9) interests, and 10) professional goals. This information will be presented to the Council in a detailed written format combined with the results of the background investigation and reference interviews. Our report will be presented in a meeting with the Town Council in which we will discuss our findings and provide background information. We will also provide an Interview Guide with sample questions and a rating form for the interviews. Targeted questions will be recommended regarding management concepts and competencies as well as work experience. We will also provide the Council with our recommendations relative to timing, sequencing, location, setting, format, and conduct of interviews with the finalists. We will arrange schedules for top candidate interviews with the Council and will coordinate the process with your staff. During the time candidates are in Trophy Club for interviews, it can be effective to schedule a public reception for a variety of other City leaders to meet the candidates. Such a reception can be arranged informally at a convenient time and place. Council members often gain valuable feedback from those attending and from observing the interactions with Town Manager candidates. Community members gain confidence from meeting and talking with the candidates. Feedback may also be forthcoming from those who observe the open interviews. Other successful interview steps include an opportunity for each finalist candidate to talk with the top City staff members and to take a guided tour of City facilities and community assets. For a thorough interview process that helps the Town Council to reach a sound conclusion, we can discuss many other procedural options. 7. Negotiation and Follow-up Town Council 138 of 252 Meeting Date: April 12, 2010Town Council 138 of 252 Meeting Date: April 12, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 9 We will also assist in mediating the process relative to salary, benefits and other conditions of employment if you wish. This may allow the Council and the new Town Manager to avoid beginning their work together with an adversarial relationship. We can be especially helpful also because we have proposed a fixed fee rather than one based on a percentage of salary. One contingency here is that an agreement may not be able to be arranged. If that is the case, we will continue to work with the Council to select an alternate candidate. We are prepared to handle any and all media relations. Unless otherwise directed, it is our standard practice to tell all media that we are working on behalf of the City of Trophy Club and that any public statement should come directly from the Council. We will maintain confidentiality of candidate information to the extent desired by the City and to the degree possible under Texas law. Finally, we will notify all candidates not recommended for personal interview of the final decision reached. We suggest, however, that it is more appropriate for the Council to directly notify all unsuccessful candidates personally interviewed of the final result. Once the new Town Manager has been on board for 30 days or so, we are available if desired to conduct a session with the Council and the new Town Manager in order to establish mutual performance criteria and goals for the position. In this regard, we will work with the Council to help define the role of the new Town Manager. We will follow up periodically with the City during the first year in order to make any adjustments that may be necessary. We will keep the Town Council closely informed and involved in decisions concerning the search process at all times. We will prepare and send periodic reports that describe the progress on the recruitment, specific steps to be taken to meet the City's deadlines, and an itemization of expenses incurred to date. Support from the City will be needed, as follows: Arranging interviews with Council members, other community members and staff Providing budget, organization charts and other documents Place of contact for the search Processing invoices for payment Town Council 139 of 252 Meeting Date: April 12, 2010Town Council 139 of 252 Meeting Date: April 12, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 10 C. Schedule We propose a 90-day schedule from start date to the Council’s appointment of the new Town Manager: With the Council’s contract approval, for example, we would expect to begin development of the position analysis and profile immediately. Advertising and recruitment would be conducted during the next six weeks. This would allow us to report the top finalists at 60 days. The Town Council should be in a position at that point to select top finalists. Following our background checks and other preparation, interviews could be arranged in Trophy Club and a selection could be made by the Town Council before the end of 90 days. This schedule can be altered further in order to meet the City's requirements. Our proposed schedule of meetings with Town Council is shown in Exhibit II. Town Council 140 of 252 Meeting Date: April 12, 2010Town Council 140 of 252 Meeting Date: April 12, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 11 EXHIBIT II SCHEDULE OF MEETINGS WITH THE TOWN COUNCIL 1. Individual interviews with the Mayor, Council members, department heads, community members and others. 2. Meeting with Town Council to finalize position profile. 3. Possible meeting with Council to discuss top 8 to 10 candidates and solicit feedback. 4. Meeting with Council to present Final Report on top 3 to 5 candidates. 5. Facilitate Council's interviews with each finalist candidate. 6. Meeting with Council to assist/facilitate selection of new Town Manager. 7. Possible follow-up meeting with Town Council and new Town Manager 30 to 60 days after start of work for purposes of establishing mutual goals, performance objectives. Town Council 141 of 252 Meeting Date: April 12, 2010Town Council 141 of 252 Meeting Date: April 12, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 12 III. COST PROPOSAL Our fees for the services outlined to recruit the new Town Manager are $16,500 plus a budget not-to- exceed $7,000 for direct expenses. Our fees are broken down as follows: Job Analysis, Position Profile.................................................................................... $ 3,850 Advertising and Recruitment...................................................................................... 1,600 Resume Review........................................................................................................... 2,200 Candidate Screening................................................................................................... 2,500 Background Investigation............................................................................................ 2,850 Interview Process......................................................................................................... 2,500 Negotiation and Follow-up....................................................................................... 1,000 TOTAL FEE.................................................................................................$16,500 DIRECT EXPENSE BUDGET ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,000 MAXIMUM FEES AND EXPENSE, TOWN MANAGER . . . . . . . . . . . $23,500 Direct expenses are for advertising sources, direct mail, consultant travel, telephone, correspondence, and report preparation. A typical engagement requires about $4500. However, we are also available to travel to finalist candidates’ current community to conduct on-site interviews if the Council so directs. Because of the close proximity of my office to Trophy Club, expenses can be kept to a minimum. The cost for final candidates to travel to interview with the Council is not included. Such costs are typically paid by the City on a reimbursement basis directly to the candidates. These costs are difficult to estimate because they depend on where the candidates are located. Out-of-state costs run as high as $750 to $1,000 per person. The City of Trophy Club's cost for The Mercer Group, Inc. for services rendered under this agreement will not exceed the agreed upon price unless an increase is authorized by the City in writing. We will submit invoices for fees and expenses. It is our practice to bill one-third at the start of the search, one-third after 30 days, and one-third upon an appointment of the Council's selected candidate. Each invoice will be payable upon receipt for professional services. Expenses will be billed monthly and shown as a separate figure. We will comply with all applicable laws, rules and regulations of federal, state and local government entities. Our ability to carry out the work required will be drawn greatly from our past experience in providing similar services to others, and we expect to continue such work in the future. We will, to the degree possible, preserve the confidential nature of any information received from you or developed during the work in accordance with our professional standards. Town Council 142 of 252 Meeting Date: April 12, 2010Town Council 142 of 252 Meeting Date: April 12, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 13 We assure you that we will devote our best efforts to carrying out this engagement. The results obtained, our recommendations and any written material provided by us will represent our best judgment based on the information available to us. Our liability, if any, will not be greater than the amount paid to us for the services rendered. This proposal constitutes the agreement between us. It cannot be modified except in writing by both parties. Our agreement will be interpreted according to the laws of the State of Texas. Town Council 143 of 252 Meeting Date: April 12, 2010Town Council 143 of 252 Meeting Date: April 12, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 14 IV. FIRM HISTORY, QUALIFICATIONS AND STAFFING This section presents our qualifications to conduct projects of this type and describes the staff to be assigned to the search. A. Firm Qualifications The Mercer Group, Inc. is an independent management consulting firm incorporated in the State of Georgia and operating nationwide. The firm was founded by James L. Mercer, a long-term public management consultant. Mr. Mercer started his own firm in 1981 and, in 1984, merged it with another consulting firm, Wolfe & Associates, Inc. On June 1, 1986, Mr. Mercer acquired the Human Resource and Organizational Consulting Practice of Wolfe & Associates, Inc. This acquisition formed the basis for Mercer, Slavin & Nevins, Inc. He sold his interest in Mercer, Slavin & Nevins, Inc. early in 1990 and founded The Mercer Group, Inc. The Mercer Group, Inc. provides exceptionally high quality management consulting services to state and local governments, transit authorities, health care providers, utilities, special districts, and private sector clients. Specialty practice areas include: executive recruitment, organization and operations analysis, productivity improvement, strategic planning, management systems, compensation/classification/policy studies, privatization, budget evaluation services, government consolidation and organization development, training, and general management consulting. Our key consultants have conducted successful searches for hundreds of public sector organizations nationally and can offer numerous references as testimony of our work. Public sector clients constitute over 90% of our business. James L. Mercer has conducted or assisted in the conduct of more than 250 successful executive searches in recent years. Mr. Mercer is the Chief Executive Officer of our firm and is located at our Santa Fe office as follows: James L. Mercer, President The Mercer Group, Inc. 551 West Cordova Road Santa Fe, NM 87505 Telephone: 505-466-9500; FAX: 505-466-1274 Federal Tax ID No.: 58-1877068 mercer@mindspring.com www.mercergroupinc.com Town Council 144 of 252 Meeting Date: April 12, 2010Town Council 144 of 252 Meeting Date: April 12, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 15 B. Resumes of Our Key Staff Gary W. Holland, Senior Vice President Gary Holland brings over twenty-seven years of public sector experience to the management of the Oklahoma and Texas offices. Immediately prior to joining The Mercer Group he worked over seventeen years in city management addressing issues in strategic planning, downtown redevelopment, growth management, capital projects oversight, budgeting, and finance. Mr. Holland also has consulted with cities in Texas, Oklahoma, Kansas, and Missouri while affiliated with ICMA’s Public Technology, Inc. focusing on police, fire, and public works issues. Additionally, he participated in the Oklahoma State University county government training program and authored a variety of publications and guidebooks for elected county officers. He also collaborated to create a comprehensive program on risk management for small local governments on behalf of the USDA Cooperative Extension Service. Gary served as a charter member of the governing board of a non-profit organization devoted to addressing problems associated with homeless populations. He received an MBA from Oklahoma State University with an emphasis in management and finance and a bachelor of business administration degree from the University of Oklahoma. Gary W. Holland The Mercer Group, Inc. 2603 South Oxford Drive Stillwater, Oklahoma 74074 Telephone: 405-269-3445 E-mail: gholland@mercergroupinc.com gholland73@hotmail.com James L. Mercer, President Mr. Mercer holds a Master of Business Administration degree from the University of Nevada, Reno, and a Bachelor of Science degree in Industrial Management from the same institution. He has also received a Certificate in Municipal Administration from the University of North Carolina at Chapel Hill and is a graduate of the Executive Development Program at Cornell University. Mr. Mercer is a Certified Management Consultant (CMC) and has more than 23 years of experience in executive search and management consulting. He has authored or co-authored five books and has written more than 200 articles on various management topics. His experience covers the following functional areas: executive search, organization and operations analysis, management systems, productivity Town Council 145 of 252 Meeting Date: April 12, 2010Town Council 145 of 252 Meeting Date: April 12, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 16 improvement, seminars/training, goal setting, strategic planning, privatization, government, consolidation, and general consulting. Prior to founding The Mercer Group, Inc., Mr. Mercer held positions as President of Mercer, Slavin & Nevins, Inc.; Regional Vice President of Wolfe & Associates, Inc.; as Partner and Vice President of Korn/Ferry International; General Manager of Battelle Southern Operations; National Program Director for Public Technology, Inc.; and Assistant City Manager of Raleigh, North Carolina. Karolyn Prince-Mercer, Vice-President Karolyn Prince-Mercer has been significantly involved in The Mercer Group’s local government management consulting and executive search practice for over 18 years. She specializes in work with local governments nationally in the areas of executive search, compensation and classification studies, organization and management studies and is an expert in the administration, scoring and interpretation of our firm’s proprietary Organizational Climate Survey (OCS). Ms. Prince-Mercer is also an attorney and has specialized in executive searches for city and county attorney positions. Ms. Prince-Mercer received her Bachelor of Arts degree in History, with minors in Art, Political Science and Education from the University of Nevada. She received her Doctor of Jurisprudence degree from Woodrow Wilson College of Law in Atlanta and is a licensed attorney in Georgia and New Mexico. Ms. Prince-Mercer has continued her professional development by completing a large number of seminars and training programs in various aspects of the legal field. She is also a member of the International Municipal Lawyers Association (IMLA), the State Bar Association in Georgia and New Mexico, and is qualified in Meyers-Briggs Type Instrument (MBTI). She is also certified to administer, score and interpret The Mercer Group, Inc. Organizational Climate Survey (OCS). Karolyn Prince_Mercer The Mercer Group, Inc. 551 West Cordova Road Santa Fe, New Mexico 87505 Telephone: 505-660-5503 E-mail: KPM@cybermesa.com Town Council 146 of 252 Meeting Date: April 12, 2010Town Council 146 of 252 Meeting Date: April 12, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 17 V. WHY YOU SHOULD SELECT THE MERCER GROUP, INC. We believe some advantages to using The Mercer Group, Inc. which you may wish to consider are: 1. Critical Path Method The Mercer Group, Inc. uses a "critical path" search process which is designed to allow our clients to focus their attention on the selection process rather than on recruiting and screening candidates. We have learned that each client's need for key executives is different and that there is no one "best" person for all situations. The best prospects are most frequently happily employed and are not responding to advertisements. These people typically need to be sought out and encouraged to become candidates. They are understandably reluctant to apply for positions if their interest could become a matter of public information prior to being assured that they will be finalist candidates. Our approach to this assignment will reflect the unique qualities of the City of Trophy Club. It will honor the interests of candidates to the extent possible under Texas law. 2. Reasonable Fees Our practice was formed to provide exceptional quality recruitment services to our clients. Our system is designed to allow us to extend reasonable fees to our non-profit and governmental clients and still be within our profit margins on each assignment. 3. Experience Our search specialists are among the most experienced recruiters in the United States. We are also conducting similar consulting assignments currently. 4. Repeat Engagements We have received a considerable amount of repeat business from our clients during the recent past. 5. Unique Skills and Services We offer a valuable combination of skills and services which is unique in our industry. Our firm is nationally respected in the areas of organization analysis and development, team building, strategic planning, goal setting, and productivity analysis. 6. Performance Guarantees We guarantee that we will not recruit candidates for other clients from the City of Trophy Club unless, for some reason, you specifically authorize us to do so. We further guarantee that if all the steps of our proposal are approved and carried out, should the selected candidate leave your employ within eighteen months of employment, we will redo the search for the cost of our expenses only. Our other guarantees include never attempting to recruit our placement without your permission and continuing the search until you are satisfied. 7. Strategic Locations We are a national firm and serve the United States from our offices nationwide. We will be in Trophy Club when you need us. Town Council 147 of 252 Meeting Date: April 12, 2010Town Council 147 of 252 Meeting Date: April 12, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 18 8. Specialists in Search We are specialists in public sector and related executive search and will devote our most experienced consultants to this project. We will not delegate any important aspect of the work to less experienced staff. 9. Positive Track Record We have a positive track record of placements on all of our search assignments and have satisfied clients as references. 10. Objectivity and Custom Tailored Services We do not use the same cadre of candidates again and again. And, we have no allegiances which preclude our total objectivity respective of any candidate. 11. Thorough Work Product We check references, we verify education and our work product is most thorough and of the highest quality. 12. Contemporary Organization Analysis Insight We have contemporary organization analysis experience with similar organizations and will share our insights about your organization as we proceed with the search. 13. Proven Satisfaction Over 90 percent of our placements during the past five years are still in their same positions. 14. Ethical Standards We have participated in the establishment of ethical standards for public sector executive search firms, and we abide by those standards. We also abide by the Ethical Standards of the Institute of Management Consultants and the International City/County Management Association. 15. Objective Evaluation We are experienced in objectively evaluating internal and local candidates. 16. Contacts We have the local, state-wide and national contacts to expedite the search process. 17. Database We have a large database of well-qualified candidates which can be searched. 18. Minority/Women Placements We have a number of minority and women placements. 19. Diagnostic Techniques We use diagnostic techniques to determine the needs of our clients and to determine how candidates match up with those needs. 20. Position Dimensions Analysis We use a technique which allows for the determination of dimensions that are important in a Town Manager's position and then determine specific questions that we should ask prospective candidates that will Town Council 148 of 252 Meeting Date: April 12, 2010Town Council 148 of 252 Meeting Date: April 12, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 19 allow us to systematically determine whether or not those individuals have those characteristics. (For example, one dimension might be negotiating skills; leadership skills might be another, etc.) 21. Dimensions Matrix We also use a matrix approach to display the candidates along a number of dimensions and then review the top 10 or so of those individually with the Council to get their involvement and feedback prior to us spending City resources to interview a large number of candidates. This helps better target the search and produces a much more effective result. 22. Group Process Techniques In addition, we use a number of group process techniques to assist the Council and the new Town Manager to better settle in and focus on a set of mutual performance criteria once the new person has been selected and comes on Council. 23. Never Say "No" We almost never say "no" to our clients. 24. Keep You Involved We will keep the Mayor and Council actively involved in the search process at all times. 25. Ready to Go We are ready to begin work immediately and proceed rapidly to complete this assignment. We can meet your schedule. Town Council 149 of 252 Meeting Date: April 12, 2010Town Council 149 of 252 Meeting Date: April 12, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 20 VI. AGREEMENT AGREEMENT EXECUTIVE SEARCH SERVICES This AGREEMENT, made as of this____ day of________, 2010, by and between THE MERCER GROUP, INC. and the CITY OF TROPHY CLUB, TEXAS, a municipal corporation. WITNESSETH: WHEREAS, the City of Trophy Club, Texas, (hereinafter referred to as the "City") has made a request for proposals dated April 12, 2010 to hire an executive recruiter to conduct a search for a Town Manager for the City, and WHEREAS, The Mercer Group, Inc. (hereinafter referred to as "Mercer") has submitted a proposal in response to the City's request, and WHEREAS, the City has selected Mercer's proposal as the proposal which best meets its needs and the City desires to hire Mercer to conduct the City's search for a new Town Manager, and WHEREAS, Mercer desires to assist the City in conducting the City's search for a Town Manager. NOW, THEREFORE, in consideration of the following mutual covenants and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by all parties hereto, Mercer and the City hereby agree as follows: 1. Mercer agrees to provide services and support to the City in the conduct of the City's search for a Town Manager. Mercer agrees to conduct the City's project in accordance with the scope of services outlined in its Proposal to the City dated April 12, 2010, in response to the City's request for proposal. Mercer's proposal is incorporated by reference and thus made a part of this Agreement. 2. The City agrees to compensate Mercer for its services in the amount of $16,500 for professional services and not-to-exceed $7,000 in expenses for the search. Payments to Mercer are to be made as outlined on pages 12-13 of Mercer's proposal to the City. 3. The City and Mercer both agree that this Agreement shall be governed by the laws of the State of Texas. 4. The City and Mercer both agree that in the event a dispute arises between the parties, the complaining party shall promptly notify the other of the dispute in writing. Each party shall respond to the other party in writing within ten (10) working days of receipt of such notice. 5. The City and Mercer both agree that any amendments to this Agreement shall be made in writing and executed by both parties. A proposed amendment which Town Council 150 of 252 Meeting Date: April 12, 2010Town Council 150 of 252 Meeting Date: April 12, 2010 Agreement, Continued: Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 21 is not in writing and executed by both parties shall not affect the terms of this Agreement. 6. The parties shall have the right at either party’s convenience to terminate this Agreement following ten (10) days written notice to the affected party. Should either party terminate this Agreement the City shall only be obligated to pay Mercer for those services already provided. CITY OF TROPHY CLUB, TEXAS BY: ________________ ATTEST: ________________ THE MERCER GROUP, INC. BY: ____________________ Gary W. Holland Senior Vice-President Town Council 151 of 252 Meeting Date: April 12, 2010Town Council 151 of 252 Meeting Date: April 12, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 22 APPENDIX A: REFERENCES You may contact any of the following for references on the professional work of The Mercer Group. Mayor Don Majka City of Bridgeport; population: 6095 900 Thompson Street Bridgeport, Texas 76426 940-683-3400 City Administrator Search Jerry Bailey Vice President for Human Resources San Antonio Water System 2800 US Highway 281 North San Antonio TX 78298 210-233-3516 President/CEO Search Mayor West Perry Courtney Sharp - City Manager City of Midland; population: 103,880 300 N Loraine Avenue Midland TX 79701 432-686-5000 (Mayor) 432-685-7100 (CM) Sheryl Sculley - City Manager Sharon De La Garza - Assistant City Manager City of San Antonio; population: 1,622,899 PO Box 839966 San Antonio TX 78283 210-207-7080 (CM) 210-207-2200 (ACM) Mayor Ben White Glenn Brown - City Manager City of College Station; population: 75,000 1101 Texas Avenue College Station TX 77840 979-764-3541 (Mayor) 979-764-3510 (CM) Town Council 152 of 252 Meeting Date: April 12, 2010Town Council 152 of 252 Meeting Date: April 12, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 23 Mayor D. Mark Conlee David Watkins - City Manager City of Bryan; population: 75,000 300 S Texas Avenue Bryan TX 77803 979-209-5008 (Mayor) 979-209-5100 (CM) Joyce Wilson City Manager City of El Paso; population: 680,000 2 Civic Center Plaza El Paso TX 79901 915-541-4215 Larry Robinson City Manager City of McKinney; population: 110,000 222 N Tennessee (PO Box 517) McKinney TX 75070 972-547-7520 Mayor Karen Messerli Lee’s Summit City Council City of Lee’s Summit: population: 95,000 220 SE Green Lee’s Summit, Missouri 64063 505-660-5503 City Manager and City Attorney Search APPENDIX B Town Council 153 of 252 Meeting Date: April 12, 2010Town Council 153 of 252 Meeting Date: April 12, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 24 QUESTIONS AND ANSWERS ABOUT EXECUTIVE RECRUITMENT 1. Why should a public sector organization utilize an executive recruiter? We have the experience, time and a vast array of national contacts in public agencies. This will save your organization time and money in filling key positions with candidates of exceptional quality. The trend is that more and more public agencies, both large and small, are turning to executive search firms to recruit key executives and managers who may be happy and successful elsewhere. This trend has developed because of the complexity and time consuming nature of locating and selecting high quality persons for public sector organizations and by the tremendous success of specialty firms such as ours in meeting client needs quickly and efficiently. 2. How is an executive recruitment conducted? Our methods have been successfully tested over a number of years. We normally meet with the key clients and appointed officials who engage us in order to determine the selection criteria for the position. These criteria usually include education and professional development, related experience, management style and abilities, and personal characteris- tics. We then seek out exceptionally well-qualified individuals and invite them to become candidates. We screen candidates against the selection criteria and thoroughly evaluate the background of the most promising candidates. We submit to you a detailed report on the top five or so candidates who best meet the criteria. We arrange interviews of the candidates with you, attend the interviews ourselves, negotiate with selected finalists if you wish, and notify remaining applicants of your decision. Throughout the process, we acknowledge all applicants and keep you informed of progress. We will also conduct a goal and objective-setting session with you and the key executive to fully establish him/her within the organization. Where possible, we maintain confidentiality of all information in accordance with our professional standards. 3. When can results be expected? A national search process normally takes 90 days from agreement to submission of the final report. Interviews can be conducted immediately after the report is submitted and negotiations with the selected candidate can be concluded shortly thereafter. More limited searches can usually be completed more quickly. Town Council 154 of 252 Meeting Date: April 12, 2010Town Council 154 of 252 Meeting Date: April 12, 2010 Proposal for the City of Trophy Club for Executive Recruitment Services for the Position of Town Manager The Mercer Group, Inc., 2010 page 25 4. What are the chances of success? We have an outstanding success rate on all of our executive recruitment assignments and will be pleased to offer numerous references as tributes to our work. 5. What will the electorate think? They are concerned with excellent quality and timeliness of service and with cost efficiency. Our process assures you that these constituent objectives are being met most effectively. 6. What is the role of the client? The client is the key decision-maker. We will not usurp the client's authority relative to the process and the key decisions. We work closely with our client to assure that final results are highly acceptable. 7. What does it cost? We charge a fixed professional service fee that does not depend upon salary paid. In addition, our consulting expenses usually are 25 to 30 percent of the professional service fee. Our expenses vary according to local circumstances. 8. What other services are provided? If, for some reasons, the selected candidate leaves within eighteen months, we guarantee that we will conduct a replacement search for expenses only. In addition, we guarantee that we will not attempt to recruit any of the client's key people for other positions for a period of two years from the completion of the search. 9. What about EEO requirements? The Mercer Group, Inc. is an equal opportunity recruiter. We will not discriminate against any person on the basis of race, religion, creed, color, gender, handicap, sexual orientation or national origin. We have had numerous women and minority candidates and placements. Town Council 155 of 252 Meeting Date: April 12, 2010Town Council 155 of 252 Meeting Date: April 12, 2010 The MERCER GROUP INC. PREVIOUS SEARCHES Examples of our executive search experience follow: * Executive search work performed by a current staff member while working for another firm. 1. PUBLIC SECTOR City Managers/Administrators Akron, Ohio - Assistant to the Mayor (Technology Agent) - 1973 Alachua, Florida - City Manager - 2001 Albany, Georgia - Assistant City Manager (Limited scope search) - 2000 Angel Fire, New Mexico - Town Administrator (Limited scope search) - 2000 Andrews, Texas - City Manager - 2000 Ann Arbor, Michigan - City Administrator - 2001 Ann Arbor, Michigan - City Administrator - 1995 Ann Arbor, Michigan - City Administrator - 1988 Arkansas City, Kansas - City Manager - 2006 Arlington, Texas - Assistant City Manager (Technology Agent) - 1973 Aspen, Colorado - City Manager - 1989 Athens/Clarke County Unified Government, Georgia - Manager - 2000 Athens/Clarke County Unified Government, Georgia - Manager - 1995 Aurora, Colorado - City Manager - 1989 Austin, Texas - City Manager - 1988 Avondale, Arizona - City Manager - 2000 Barrington, Illinois - Village Manager - 1998 Bay City, Michigan - City Manager - 2003 Beavercreek, Ohio - City Manager - 2003 Beavercreek, Ohio - City Manager - 1985 Belding, Michigan - City Manager - 1999 Bellaire, Texas - City Manager - 1996 Billings, Montana - City Administrator - 2006 Billings, Montana - City Administrator - 2003 Billings, Montana - City Administrator - 1999 Billings, Montana - Assistant City Administrator - 2003 Billings, Montana - Deputy City Administrator - 2003 Bloomfield Hills, Michigan - City Manager - 2006 Bloomfield Hills, Michigan - City Manager - 2001 Boca Raton, Florida - Assistant City Manager - 1989 Boulder, Colorado - City Manager - 2002 Boynton Beach, Florida - City Manager - 1999 Bryan, Texas - City Manager - 2006 Cairo, Georgia - City Manager - 1995 Cape Coral, Florida - City Manager - 1996 Carpentersville, Illinois - Village Manager - 2001 Carrboro, North Carolina - Town Manager - 2003 Casa Grande, Arizona - City Manager - 2003 Casselberry, Florida - City Manager (Limited scope search) - 2003 Centennial, Colorado – Deputy City Manager - 2007 Centennial, Colorado - City Manager – 2001 Champaign, Illinois – Assistant City Manager - 2007 Charlotte, North Carolina - Deputy City Manager (Limited scope search) - 2000 Charlotte, North Carolina - City Manager - 1996 Charlotte, North Carolina - City Manager -1981 Town Council 156 of 252 Meeting Date: April 12, 2010Town Council 156 of 252 Meeting Date: April 12, 2010 Chesapeake, Virginia - City Manager – 1996 Clayton, Missouri - City Manager - 2003 *Cloverdale, California - City Manager - 2001 College Park, Georgia - City Manager - 2002 College Park, Maryland - City Manager - 2004 College Park, Maryland - City Manager - 2002 College Station, Texas - City Manager - 2006 College Station, Texas - Assistant City Manager (2) - 2006 *Colma, California - City Manager - 1998 Columbia, South Carolina - City Manager - 1997 Columbus, Georgia - City Manager - 1995 Concord, North Carolina - City Manager - 1999 Coral Springs, Florida - Assistant City Manager - 2000 *Cotati, California - City Manager – 1997 Covington, Washington – City Manager - 2006 Culpeper, Virginia - Town Manager - 2000 *Daly City, California - Assistant City Manager - 1995 Danville, Virginia - City Manager - 1999 Davie, Florida - Town Administrator - 1999 Dayton, Ohio – Assistant City Manager for Operations - 2007 Dayton, Ohio – Assistant City Manager for Strategic Development - 2007 Dayton, Ohio - City Manager - 2006 Daytona Beach, Florida - City Manager - 2002 Decatur, Illinois - City Manager - 1987 Deerfield Beach, Florida - City Manager - 1989 DeKalb, Illinois - City Manager - 1998 Delaware, Ohio - City Manager - 1998 Delray Beach, Florida - City Manager - 1986 Del Rio, Texas - City Manager (Limited scope search) - 1995 Derby, Kansas - City Manager - 2001 Dothan, Alabama - City Manager - 2002 Downer’s Grove, Illinois - Village Manager - 2005 Durham, North Carolina - City Manager – 2008 Durham, North Carolina - City Manager - 2004 East Point, Georgia - City Manager - 1999 East Point, Georgia - City Manager - 1996 Eau Claire, Wisconsin - City Manager - 2006 Elkhart, Kansas - City Administrator (Limited scope search) - 2000 Eloy, Arizona - City Manager - 2000 El Paso, Texas - City Manager 2004 El Reno, Oklahoma - City Manager - 2006 Enid, Oklahoma - City Manager - 1997 *Encinitas, California - City Manager - 1999 Eugene, Oregon - Assistant City Manager (Technology Agent) – 1973 Eustis, Florida – City Manager - 2007 Evanston, Illinois - Assistant City Manager (Technology Agent) - 1973 Evanston, Illinois - City Manager - 1996 Fairmont, Minnesota - City Administrator - 1988 Federal Heights, Colorado - City Manager – 2007 Federal Heights, Colorado - City Manager – 2004 Federal Way, Washington - City Manager - 1999 Flint, Michigan - City Administrator - 2001 Florence, South Carolina - City Manager - 1996 Fort Lauderdale, Florida - City Manager - 1998 Fort Smith, Arkansas - City Administrator - 2006 Fountain Hills, Arizona - Town Manager - 2002 Frankfort, Kentucky - City Manager - 2003 Franklin Village, Michigan - Village Administrator - 1998 Gainesville, Florida - City Manager - 1995 Gainesville, Florida - City Manager - 2005 Town Council 157 of 252 Meeting Date: April 12, 2010Town Council 157 of 252 Meeting Date: April 12, 2010 Galesburg, Illinois - City Manager – 2006 Gastonia, North Carolina – City Manager - 2007 Glen Ellyn, Illinois - Village Manager - 2006 Glen Ellyn, Illinois - Village Manager - 2008 Glencoe, Illinois - Village Manager - 2000 Glendale, Arizona - Deputy City Manager (2 Positions) - 2004 Glenview, Illinois - Village Manager – 2004 Goldsboro, North Carolina - City Manager – 2004 Goodyear, Arizona – City Manager – 2008 Grand Island, Nebraska – City Administrator - 2007 Grand Ledge, Michigan - City Administrator - 1999 Granville, Ohio - Village Manager - 2005 Greeley, Colorado - Deputy City Manager - 2006 Green Cove Springs, Florida - City Manager (Limited scope search) - 1997 *Greenfield, California - City Manager - 1998 Greensboro, North Carolina - Assistant City Manager (Limited scope search) - 1996 Gulfport, Florida - City Manager - 2003 Gulfport, Florida - City Manager – 1989 GVR Metropolitan District Green Valley Ranch, Denver, Colorado – District Manager - 2008 Hampton, Virginia - Assistant City Manager (Technology Agent) - 1973 Hampton, Virginia - City Manager - 1984 *Healdsburg, California - City Manager - 1995 Highland Park, Michigan - Interim City Manager - 2002-2003 High Point, North Carolina - Assistant City Manager (Technology Agent) - 1973 Howell, Michigan - Deputy City Manager for Financial Services - 2004 Huber Heights, Ohio - City Manager - 2000 Hudson, Ohio - City Manager - 1997 Independence, Missouri - Assistant City Manager (Technology Agent) - 1973 Indian Rocks Beach, Florida - City Manager (Limited scope search) - 1997 Indian Rocks Beach, Florida - Interim City Manager (Assist) - 2005 Jackson, Michigan - City Manager - 1996 Jackson, Michigan - City Manager – 2004 Jackson County, Missouri – Deputy Chief Administrative Officer - 2007 Jacksonville, North Carolina – Assistant City Manager - 2006 Jacksonville, North Carolina - City Manager - 2005 Jacksonville, North Carolina - City Manager - 1998 Jersey City, New Jersey - Assistant Business Manager (Technology Agent) – 1973 Johns Creek, Georgia – City Manager - 2006 Johnson City, Tennessee - City Manager - 2005 Joplin, Missouri - City Manager - 2004 Kent, Ohio - City Manager - 2005 Kent, Ohio - City Manager - 1997 Kettering, Ohio - Assistant City Manager (Technology Agent) - 1973 Kingsport, Tennessee - City Manager -1999 Lakeland, Florida - City Manager - 2003 Lakeland, Florida - Assistant to the City Manager - 2004 *Lakeport, California - City Manager - 2001 Laurinburg, North Carolina - City Manager - 1999 Lapeer, Michigan - City Manager - 2002 League City, Texas - City Administrator – 2004 Liberty, Texas – City Manager - 2007 *Livermore, California - City Manager - 2000 *Livermore, California - Assistant City Manager - 2001 Longboat Key, Florida - Town Manager - 1993 Longboat Key, Florida - Town Manager - 1997 Longboat Key, Florida - Assistant Town Manager - 1996 *Los Altos, California - City Manager - 1998 Los Angeles, California - Chief Legislative Analyst - 2005 Louisville, Ohio - City Manager - 2001 Lower Merion Township, Pennsylvania - Assistant City Manager (Technology Agent) - 1973 Town Council 158 of 252 Meeting Date: April 12, 2010Town Council 158 of 252 Meeting Date: April 12, 2010 Manistee, Michigan - City Manager – 2001 Marco Island, Florida – City Manager – 2008 Martinsville, Virginia - City Manager - 2004 Mason, Ohio - City Manager - 2006 Matthews, North Carolina - Town Manager – 2002 McAlester, Oklahoma – City Manager - 2006 McKinney, Texas - Assistant City Manager - 2006 Melbourne, Florida - City Manager - 2002 Middletown, Ohio - City Manager - 1984 Middletown, Pennsylvania - Borough Manager - 2001 *Mill Valley, California - City Manager - 1999 Minneapolis, Minnesota - Assistant City Coordinator (Technology Agent) - 1973 Minnetonka, Minnesota - City Manager - 2000 Minster, Ohio - Village Administrator – 1986 Monmouth, Illinois – City Administrator - 2007 Monroe, Michigan - City Manager - 1992 Montgomery, Illinois - Village Manager - 2000 *Morgan Hill, California - City Manager - 1996 Mound, Minnesota - City Manager – 2000 Mount Holly, North Carolina – City Manager - 2007 Naples, Florida - City Manager - 2007 Naples, Florida - City Manager - 2003 Negaunee, Michigan - City Manager - 2004 Newport News, Virginia - City Manager - 2005 Norfolk, Virginia - City Manager - 1999 North Miami, Florida - City Manager - 2002 Northglenn, Colorado - City Manager - 2001 Northville Township, Michigan - Township Administrator - 1999 North Myrtle Beach, South Carolina - City Manager - 2003 North Myrtle Beach, South Carolina - City Manager - 1997 North Port, Florida - Assistant City Manager (Limited scope search) - 2003 North Port, Florida - Assistant City Manager (Limited scope search) - 2002 *Novato, California - Assistant City Manager - 2002 Oak Ridge, Tennessee - City Manager - 2003 Oklahoma City, Oklahoma - Assistant City Manager (Technology Agent) - 1973 Oklahoma City, Oklahoma - City Manager - 1986 Orlando, Florida - Chief Administrative Officer – 2005 Oxford, Ohio – City Manager - 2007 *Oxnard, California - City Manager - 1997 Parker, Colorado - Town Administrator - 2005 Pasadena, California - Assistant City Manager (Technology Agent) - 1973 Payson, Arizona - Town Manager - 2002 *Petaluma, California - City Manager - 1996 Phoenix, Arizona - City Manager - 1989 Piqua, Ohio - City Manager - 2005 Plainview, Texas - City Manager - 2003 Ponce Inlet, Florida - Town Manager - 2001 Port Huron, Michigan - City Manager - 1997 Portsmouth, Virginia - City Manager – 2000 Powder Springs, Georgia – City Manager - 2006 Prairie Village, Kansas – City Administrator - 2007 Pueblo, Colorado - Assistant City Manager (Technology Agent) - 1973 Punta Gorda, Florida - City Manager - 1995 Punta Gorda, Florida - City Manager - 1998 Punta Gorda, Florida - City Manager - 2004 Raleigh, North Carolina - Assistant to the City Manager - 1971 Raleigh, North Carolina - City Manager - 2000 Reading, Pennsylvania - Managing Director - 2003 *Reno, Nevada - City Manager 1995 Richland, Washington - City Manager - 1998 Town Council 159 of 252 Meeting Date: April 12, 2010Town Council 159 of 252 Meeting Date: April 12, 2010 Richland, Washington - City Manager (Limited scope search) – 2000 Richland, Washington - City Manager - 2007 Richmond, Michigan - City Manager - 1998 Rio Rancho, New Mexico - City Administrator - 2003 Roanoke, Virginia - City Manager - 1999 Rock Hill, South Carolina - City Manager - 2001 Rock Hill, South Carolina - City Manager - 1993 Rockville, Maryland - City Manager - 1998 Sandy Springs, Georgia - City Manager - 2005 St. Pete Beach, Florida - City Manager - 2001 St. Petersburg, Florida - Assistant City Manager (Technology Agent) - 1973 St. Petersburg, Florida - Deputy City Manager Public Works - 1988 San Diego, California - Deputy City Manager - 1988 *San Diego, California - Assistant City Manager - 2000 San Jose, California - Assistant City Manager (Technology Agent) - 1973 *San Rafael, California - City Manager - 1996 *Santa Rosa, California - City Manager - 2000 Sarasota, Florida - City Manager - 2007 Sarasota, Florida - City Manager - 1986 *Saratoga, California - City Manager - 1997 Saratoga, California - City Manager - 2000 Savannah, Georgia - City Manager - 1994 Sioux City, Iowa - Assistant City Manager (Technology Agent) – 1973 Snellville, Georgia – City Manager - 2008 *Solana Beach, California - City Manager - 2002 South Brunswick Township, New Jersey - Township Administrator - 1987 South Haven, Michigan - City Manager - 1999 Southlake, Texas - Assistant City Manager - 2005 South Miami, Florida - City Manager - 2003 Southfield, Michigan - City Administrator - 1999 Sparks, Nevada - City Manager - 1989 Spartanburg, South Carolina - City Manager - 1984 Spartanburg, South Carolina - City Manager - 1995 Spartanburg, South Carolina - City Manager - 2001 Suffolk, Virginia - City Manager - 2002 Sun N” Lake Sebring Improvement District, Florida - General Manager - 2006 Sun N” Lake Sebring Improvement District, Florida - General Manager - 2004 Sun N” Lake Sebring Improvement District, Florida - General Manager - 2002 Sunrise, Florida - City Manager – 1989 Superior, Colorado – Town Manager - 2006 Swartz Creek, Michigan - City Manager - 2000 Takoma Park, Maryland - City Manager - 2004 Talladega, Alabama - City Manager – 2003 Talladega, Alabama - City Manager - 2008 Tallahassee, Florida - City Manager - 1994 Temple, Texas, City Manager - 2004 *The Sea Ranch - Community Manager - 2002 *Tiburon, California - City Manager - 2000 Tifton, Georgia - City Manager – 2007 Tifton, Georgia - City Manager – 1996 Tipp City, Ohio – City Manager - 2008 Topeka, Kansas - Assistant to the Mayor (Technology Agent) - 1973 Topeka, Kansas - Chief Administrative Officer - 2002 *Tracy, California - Deputy City Manager - 1999 Traverse City, Michigan - City Manager - 1987 Treasure Island, Florida - City Manager - 2004 Town Council 160 of 252 Meeting Date: April 12, 2010Town Council 160 of 252 Meeting Date: April 12, 2010 Treasure Island, Florida - City Manager - 1996 Tucson, Arizona - City Manager - 2004 Tucson, Arizona - Assistant City Manager (Technology Agent) - 1973 *Union City, California - City Manager – 1995 Union City, Georgia – City Administrator - 2007 University City, Missouri - City Manager - 2005 Vero Beach, Florida - City Manager - 2004 Virginia Beach, Virginia - City Manager - 1991 Virginia Beach, Virginia - Deputy City Manager - 1987 West Hartford, Connecticut - Assistant City Manager (Technology Agent) - 1973 Westminster, Colorado - City Manager - 2000 Westminster, Maryland - City Administrator - 2006 West Palm Beach, Florida - City Manager – 1988 Westerville, Ohio – City Manager - 2007 White House, Tennessee - City Administrator - 2005 Wichita Falls, Texas - City Manager - 2005 Wilmington, North Carolina - City Manager - 2002 Wilmington, North Carolina - Deputy City Manager - 2003 Wilson, North Carolina - City Manager - 2004 Winter Haven, Florida - City Manager - 1986 Winter Haven, Florida - City Manager - 2001 Worcester, Massachusetts - Assistant City Manager (Technology Agent) – 1973 Woodstock, Georgia – City Manager - 2008 Worcester, Massachusetts - City Manager - 1993 Worthington, Minnesota - City Manager – 1988 Worthington, Ohio - City Manager - 2007 Wylie, Texas - City Manager - 2004 York, Pennsylvania - Business Administrator & Assistant Solicitor - 2000 County Managers/Administrators Alachua County, Florida - County Manager - 1999 Alachua County, Florida - County Manager - 1984 Arapahoe County, Colorado - County Administrator - 1999 Athens/Clarke County Unified Government, Georgia - Manager - 1995 Athens/Clarke County Unified Government, Georgia - Manager - 2001 Beaufort County, South Carolina - County Administrator - 1992 Broward County, Florida - Assistant to the County Administrator for Affordable Housing - 2004 Charleston County, South Carolina - County Administrator - 2006 Charleston County, South Carolina - County Administrator - 1998 Charlotte County, Florida - County Administrator - 2002 Charlotte County, Florida - County Administrator - 1995 Chesterfield County, Virginia - County Administrator - 1983 Clarke County, Georgia - County Administrator - 1984 Collier County, Florida - County Administrator (Limited scope search) - 2000 DeSoto County, Florida - County Administrator - 2005 Fairfax County, Virginia - County Executive - 1980 Grady County, Georgia - County Administrator (Limited scope search) - 1999 Gwinnett County, Georgia - County Manager - 1987 Gwinnett County, Georgia - Executive Assistant to the Board - 1985 Hamilton County, Ohio - County Administrator - 2005 Henrico County, Virginia - Assistant County Manager (Technology Agent) - 1973 Henry County, Georgia - County Administrator - 1984 Hernando County, Florida - County Administrator - 2000 Hillsborough County, Florida - Deputy County Administrator - 2004 Hillsborough County, Florida - Assistant County Administrator for Human Services – 2004 Town Council 161 of 252 Meeting Date: April 12, 2010Town Council 161 of 252 Meeting Date: April 12, 2010 Hillsborough County, Florida - County Administrator - 1986 Incorporated County of Los Alamos, New Mexico - County Administrator - 1998 Indian River County, Florida - County Administrator - 1987 Jefferson Parish, Louisiana - Assistant to the Parish President (Technology Agent) - 1973 Johnson County, Kansas - County Administrator - 1998 Lee County, Virginia - County Administrator - 1991 Leon County, Florida - County Administrator - 1989 Leon County, Florida - Assistant County Administrator - 1989 Los Alamos County, New Mexico - County Administrator - 2003 Los Alamos County, New Mexico - County Administrator - 1999 Lowndes County, Georgia - County Manager - 2001 Manatee County, Florida - County Administrator - 1984 Manatee County, Florida - County Administrator – 1993 Martin County, Florida – Assistant County Administrator - 2007 Nashville/Davidson County , Tennessee - Assistant to the Mayor (Technology Agent) - 1973 Northampton County, Virginia - County Administrator - 1999 *Nye County, Nevada - County Manager - 1998 Orange County, North Carolina - County Manager - 2006 Orange County, North Carolina - County Manager - 1987 Osceola County, Florida - County Administrator - 2003 Palm Beach County, Florida - County Administrator - 1985 Polk County, Florida - County Administrator - 1989 Prince William County, Virginia - County Executive - 1990 Ramsey County, Minnesota - County Manager - 1999 Richland County, South Carolina - County Administrator - 2006 St. Louis County, Minnesota - County Administrator - 1987 Santa Rosa County, Florida - County Administrator - 1988 Spartanburg County, South Carolina - County Administrator - 1999 Stafford County, Virginia - County Administrator - 2002 Summit County, Colorado - County Manager – 2007 Summit County, Colorado - County Manager - 2001 Sumter County, Florida - County Administrator - 2005 Union County, North Carolina - County Manager - 2008 Union County, North Carolina - County Manager – 2001 Volusia County, Florida - County Manager - 1995 Wise County, Virginia - County Administrator - 2001 Airports Bangor International Airport, Maine - Airport Director - 2001 Dayton, Ohio - Aviation Director - 2005 Lubbock, Texas - Airport Director - 2003 Rhode Island Airport Corporation - Senior Vice President for Planning, Engineering and Environmental - 2006 San Antonio, Texas - Aviation Director - 2005 Virginia Peninsula Airport Commission - Executive Director - 1983 Attorneys/Legal Ann Arbor, Michigan - City Attorney (Limited scope search) - 1995 *Benecia, California - City Attorney - 1996 Boulder, Colorado - City Attorney - 2003 Broomfield City and County, Colorado - City Attorney - 2004 *Carlsbad, California - Deputy City Attorney - 2001 Town Council 162 of 252 Meeting Date: April 12, 2010Town Council 162 of 252 Meeting Date: April 12, 2010 Cuyahoga Metropolitan Housing Authority - General Counsel (Limited scope search) - 1998 Cuyahoga Metropolitan Housing Authority - Labor/Management Attorney (Limited scope search) - 1998 *Danville, California - Town Attorney - 1995 Glendale, Arizona - City Attorney (Limited scope search) - 2000 Glendale, Arizona - City Attorney - 2004 *Livermore, California - City Attorney - 2000 Livermore, California - Assistant City Attorney - 2001 Livermore, California - Deputy City Attorney - 2000 Monroe, North Carolina - City Attorney - 2001 Newport News, Virginia - City Attorney - 1995 *Simi Valley, California - City Attorney - 1997 Thornton, Colorado - City Attorney - 1987 Thornton, Colorado - City Attorney - 1990 Tucson, Arizona - City Attorney - 2004 *Vacaville, California - City Attorney - 2001 Virginia Beach, Virginia - City Attorney - 1989 York, Pennsylvania - Business Administrator & Assistant Solicitor - 2000 Board of Directors Board of Advisors, Georgia Tech Research Institute, Three Members Boards of Directors, two management consulting firms, All Members Budget/Finance Angel Fire, New Mexico - Director of Finance (Limited scope search) – 2003 Angel Fire, New Mexico - Director of Finance - 2008 Arlington County, Virginia - Director of Management and Finance - 1999 Brazos River Authority - Finance Director (Limited scope search) – 1999 Cape Coral, Florida – Controller - 2007 Charlottesville, Virginia - Finance Director (Limited scope search) - 1988 DeKalb County, Georgia - Finance Director – 1995 District of Columbia Government - Chief Financial Officer - 1999 District of Columbia Government - Inspector General – 1999 Downers Grove, Illinois – Finance Director - 2007 Eloy, Arizona - Finance Director - 2000 Fayetteville, Arkansas - Finance Director - 2006 Flint, Michigan - Finance Director - 2001 Glastonbury, Connecticut - Controller (Limited scope search) - 2002 Grand Ledge, Michigan - Finance Director/Treasurer - 1999 Hanover Park, Illinois - Finance Director - 1998 Hanover Park, Illinois - Finance Director - 2002 Hartford, Connecticut - Finance Director -2001 Hillsborough Area Regional Transit, Florida - Chief Financial Officer - 2005 Homestead, Florida - Finance Director - 1997 Indian Rocks Beach, Florida - Treasurer\Finance Director (Limited scope search) - 1995 *Lake Arrowhead Community Services District - F.D. - Finance Director/District Engineer - 2000 Londoun County, Virginia - Director of Management and Financial Services - 2004 Lowndes County, Georgia - Director of Administrative Services – 1996 Martin County, Florida – Administrative Services Director - 2007 McAlester, Oklahoma – Finance Director - 2007 Montgomery County, Maryland - Director, Office of Management and Budget - 2002 Montgomery Village, Illinois - Finance Director - 2001 *Morgan Hill, California - Budget Analyst - 1999 Town Council 163 of 252 Meeting Date: April 12, 2010Town Council 163 of 252 Meeting Date: April 12, 2010 Norfolk, Virginia - Finance Director – 1995 Norfolk, Virginia - Assistant Finance Director - 1997 Northglenn, Colorado - Finance Director – 2002 Orlando, Florida – Budget Division Manager – 2007 Orlando, Florida - Controller – 2007 Orlando, Florida - Chief Financial Officer - 2005 Orlando, Florida - Deputy Director of Management, Budget and Accounting - 2004 Orlando, Florida - Budget Director – 2003 Palm Beach County, Florida - Director of Financial Management and Budget - 1986 Palm Beach County, Florida - Assistant Director of Financial Management and Budget for Budget - 1986 Palm Beach County, Florida - Assistant Director of Financial Management and Budget for Financial Analysis – 1986 Peoria, Arizona – Financial Services Manager - 2007 Peoria, Arizona – Revenue Manager - 2007 *Pleasanton, California - Revenue Manager - 2001 Port Huron, Michigan - Finance Director - 1996 Portsmouth, Virginia - Finance Director - 1997 Portsmouth, Virginia - Finance Director (Limited scope search) - 1999 Prince George’s County, Maryland - Budget Director - 2003 *Reno, Nevada - Assistant Finance Director - 2002 Roanoke, Virginia - Manager of Accounting Services - 2004 Rochester Hills, Michigan - Treasurer - 1996 *San Bruno, California - Finance Director - 1999 Severn Trent Management Services Group, Florida - Director of Fiscal Services - 2005 Tucson, Arizona - Director of Budget and Research - 2004 Virginia Beach, Virginia - Chief Financial Officer - 2000 West Palm Beach , Florida – Finance Director - 2007 Building Camden, New Jersey - Director of Code Enforcement - 2001 Glastonbury, Connecticut - Director of Infrastructure and Building Services - 2001 Norfolk, Virginia - Director of City Planning and Codes Administration - 1996 Palm Beach County, Florida - Director of Planning, Building and Zoning - 1988 Sarasota County, Florida - Chief Building Officer - 1988 Tempe, Arizona - Development Services Director - 1996 Yuma, Arizona - Development Engineering Manager - 2000 Yuma, Arizona - Development Engineer - 2000 City Clerk Bellaire, Texas - City Clerk (Limited scope search) - 1997 Bloomfield Hills, Michigan - City Clerk - 2001 Raleigh, North Carolina - City Clerk - 1972 Communications Boulder, Colorado - Communications Center Manager - 2004 Champaign, Illinois - METCAD Director - 2004 Charlottesville, Virginia - Communications Director (Limited scope search) - 1999 Cuyahoga Metropolitan Housing Authority - Director of Communications (Limited scope search) - 1998 Denver, Colorado - South Metro Fire & Rescue Communication Center Director - 2006 Gainesville Regional Utilities (Florida) - GRU Communications Director – 1999 Hanover Park, Illinois – Chief Information Office - 2007 *Humboldt County, California - Communications Manager - 1995 Raleigh, North Carolina - Public Information Officer - 1972 Raleigh, North Carolina - Emergency Communications Director - 1972 Town Council 164 of 252 Meeting Date: April 12, 2010Town Council 164 of 252 Meeting Date: April 12, 2010 Rochester, New York - Director of Communications - 1999 San Antonio Water System, Texas - Vice President for Communications - 2005 Spartanburg County, South Carolina - Communications Director - 1997 Thornton, Colorado - Public Information Officer - 1989 Trumbull County, Ohio - 911 Director - 2005 West Des Moines, Iowa - Manager, Westcom - 2003 Yuma, Arizona - Assistant Director of ITS/Telecommunications - 1999 Community Relations Raleigh, North Carolina - Community Relations Director - 1971 Condominium Associations Maisons-Sur-Mer Condominium Association, Inc., Myrtle Beach, South Carolina - Manager - 2005 Conservation Districts Des Moines, Iowa - Director, Polk County Conservation Commission - 2004 Convention/Tourism/Sports Complexes Galena/Jo Daviess County, Illinois - Executive Director of Convention & Visitors Bureau - 2001 Lakeland, Florida - Lakeland Center Director - 2004 Orlando, Florida - Centroplex Director - 2004 Vail, Colorado - Vail Valley Chamber & Tourism Bureau President/CEO - 2005 Cultural Services Hillsborough County, Florida - Director, Division of Cultural Services - 1988 Jackson, Michigan - Executive Director, Michigan Theater, Inc. - 1998 Jackson County Community Foundation, Michigan - President/CEO - 2002 Virginia Air and Space Center and Hampton Roads History Center - Executive Director - 1993 Economic Development Adams County Economic Development, Colorado - President/CEO - 2001 Allegany County, Maryland - Economic Development Director - 2000 Allegany County, Maryland - Economic Development Assistant Director - 2005 Arvada Economic Development Alliance - Executive Director - 1998 Arvada Urban Renewal Authority - Executive Director - 1998 Avondale, Arizona - Economic Development Director - 2001 Bangor, Maine - Economic & Business Development Director - 2001 Big Sky Economic Development Authority, Billings, Montana - Executive Director – 2002 Big Sky Economic Development Authority, Billings, Montana - Executive Director - 2008 Camden, New Jersey - Director of Economic Development – 2001 Champaign County Regional Planning Commission, Illinois – Executive Director - 2007 Charlotte, North Carolina - Director of Neighborhood Development (Limited scope search) – 1996 Charlotte County, Florida – Community Development Director - 2007 Charlotte County, Florida – Economic Development Director - 2007 Charlottesville, Virginia - Economic Development Director - 1998 Chesapeake Redevelopment & Housing Authority - Executive Director - 1998 Clermont County Economic Development Corporation, Battavia, Ohio - Economic Development Director - 2004 Coliseum Central Business Improvement District, Hampton, Virginia - Executive Director – 2007 Coliseum Central Business Improvement District, Hampton, Virginia - Executive Director - 2001 College Station, Texas - Director of Planning & Development Services - 2006 Town Council 165 of 252 Meeting Date: April 12, 2010Town Council 165 of 252 Meeting Date: April 12, 2010 Columbia, South Carolina - Executive Director, Columbia Development Corporation - 1989 Community Redevelopment Agency of Delray Beach, Florida - Executive Director - 2000 Daytona Beach, Florida - Redevelopment Director - 2006 Daytona Beach, Florida - Development Services Director - 2005 Enid/Garfield County Development Alliance, Inc., Oklahoma - Executive Director - 1998 Fort Lauderdale, Florida - Director of Economic Development (Limited scope search) - 2000 Ft. Lauderdale, Florida - Director of Planning & Development - 1987 Ft. Lauderdale, Florida - Director of Planning & Economic Development - 1998 Ft. Lauderdale, Florida - Community Redevelopment Authority - Executive Director (Limited scope search) - 1999 Grand Ledge, Michigan - Director of Community Development - 1999 *Greater Antelope Valley Economic Alliance - Executive Director - 1998 Hanover Park, Illinois - Community Development Director - 2002 *Henderson, Nevada - Economic Development Manager - 1998 Henry County, Virginia - Director, Office of Commerce - 2001 Homebuilders Association of Greater Spartanburg, South Carolina - Executive Director - 1998 Homestead, Florida - Executive Director, Community Redevelopment Association -1997 Jackson, Michigan - Economic Development Director/Assistant City Manager - 1996 Jackson, Michigan - President, The Enterprise Group - 1997 Jackson, Michigan – President & CEO, Regional Economic Development -The Enterprise Group - 2007 Largo, Florida - Assistant Director of Community Development – 2003 Leawood, Kansas – Community Development Director - 2008 *Livermore, California - Economic Development Manager - 2001 Los Alamos County, New Mexico - Community Development Director (Limited scope search) -2003 Melbourne, Florida - Economic Development Director (Limited scope search) - 2003 Mesquite, Texas - Director of Development Services (Limited scope search) - 2003 Millinocket Area Growth and Investment Council, Maine - Executive Director (Limited scope search) - 2001 Norfolk, Virginia - Director of Development - 1996 Norfolk Redevelopment and Housing Authority - Executive Director - 2001 Norfolk Redevelopment and Housing Authority - Deputy Executive Director - 2000 *Novato, California - Redevelopment Administrator – 2000 Oakland Park, Florida – Community Developemtn Director - 2007 Orange Beach, Alabama - Director of Community Development - 2002 Partnership for Greater Greenwood County, South Carolina - Chief Executive Officer - 2003 Peninsula Economic Development Alliance, Virginia - President/CEO - 1998 Pensacola-Escambia Development Commission, Florida - Executive Director - 1980 Pensacola, Florida - Downtown Redevelopment Director - 1981 Portsmouth, Virginia Redevelopment and Housing Authority - Executive Director - 1985 Punta Gorda, Florida - Community Redevelopment Agency - Executive Director - 1995 Punta Gorda, Florida - Community Redevelopment Agency - Executive Director - 1988 Raleigh, North Carolina Civic Center Authority - Executive Director - 1973 Regional Redevelopment and Housing Authority for Hampton and Newport News, Virginia - Executive Director - 1985 *Reno, Nevada - Economic Development Manager - 2000 *Reno, Nevada - Redevelopment Administrator - 1998 *Reno, Nevada - Redevelopment Administrator - 2000 Rio Rancho, New Mexico - Director of City Development - 2003 *San Luis Obispo, California - Economic Development Manager - 1996 *San Mateo, California - Economic Development Manager - 1995 Sault Saint Marie, Michigan - Downtown Development Director - 2002 Tempe, Arizona - Development Services Director - 1996 Tri-City Industrial Development Council, Washington - President/CEO - 1998 Virginia Peninsula Airport Commission - Executive Director - 1983 Virginia Peninsula Economic Development Council, Inc. - Executive Director - 1983 Wayne County Economic Development Commission, North Carolina - President/Chief Operating Officer - 2000 West Palm Beach, Florida – Director of Housing and Community Development - 2007 West Palm Beach Downtown Development Authority - Executive Director - 1987 Town Council 166 of 252 Meeting Date: April 12, 2010Town Council 166 of 252 Meeting Date: April 12, 2010 Emergency Services Orange County, North Carolina – Emergency Services Director - 2007 General Services *Camarillo, California - Director of Administration - 1998 Los Angeles, California - General Manager, General Services Department - 2000 Lowndes County, Georgia - Director of Administrative Services - 1996 *Pleasanton, California - Support Services Superintendent - 1998 *Pleasanton, California - Support Services Superintendent - 2000 *San Rafael, California - Director of Administrative Services - 1996 Sarasota County, Florida - Central Services Director - 1988 Tucson, Arizona - Director of General Services - 2004 Health Care Cincinnati Board of Health, Ohio - Health Commissioner - 2005 *Coachella Valley Mosquito & Vector Control District - General Manager - 1998 State of Delaware - Director, Division for the Visually Impaired – 1996 Northern Kentucky Independent District Health Department, Kentucky – District Director of Health - 2007 Palm Beach County Health Care District, Florida - Administrator - 1988 Riverside Community Hospital - Administrator - 1980 San Antonio, Texas - Assistant Public Health Director – 2006 Union County, North Carolina – Health Director - 2007 *Washoe County, Nevada, District Health Department - Health Officer - 1999 Housing and Housing Authorities Arvada Urban Renewal Authority - Executive Director - 1998 Chattanooga Housing Authority - Executive Director - 2001 Charlotte, North Carolina - Director of Neighborhood Development (Limited scope search) - 1966 Charlottesville Redevelopment and Housing Authority (Virginia) - Executive Director (Limited scope search) - 1999 Chesapeake Redevelopment & Housing Authority - Executive Director - 1998 Cuyahoga Metropolitan Housing Authority - Vice President, Administrative Services - 1998 Cuyahoga Metropolitan Housing Authority - Vice President, Customer Service Administration - 1998 Cuyahoga Metropolitan Housing Authority - Vice President of Neighborhood and Housing Development - 1998 Cuyahoga Metropolitan Housing Authority - Director of Section 8 - 1998 Cuyahoga Metropolitan Housing Authority - General Counsel (Limited scope search) - 1998 Cuyahoga Metropolitan Housing Authority - Labor/Management Attorney (Limited scope search) - 1998 Cuyahoga Metropolitan Housing Authority - Director of Communications (Limited scope search) - 1998 Dallas, Texas - Director of Housing - 1994 Decatur Housing Authority, Illinois - Executive Director - 2002 Ithaca Housing Authority, New York - Executive Director - 1993 Kansas City, Missouri - Housing Administrator - 2004 *Morgan Hill, California - Director of Business Assistance & Housing Services - 1997 Norfolk Redevelopment & Housing Authority, Virginia - Deputy Executive Director - 2000 Norfolk Redevelopment & Housing Authority, Virginia - Executive Director - 2001 Portsmouth, Virginia, Redevelopment and Housing Authority - Executive Director -1985 Regional Redevelopment and Housing Authority for Hampton and Newport News, Virginia - Executive Director - 1985 Richmond Redevelopment and Housing Authority - Director of Housing Operations - 2000 Spartanburg, South Carolina - Housing Authority - Executive Director - 1992 Spartanburg, South Carolina - Housing Authority - Executive Director - 2001 Spartanburg, South Carolina - Housing Authority - Deputy Executive Director - 1994 Spartanburg, South Carolina - Housing Authority - Deputy Executive Director - 1995 Spartanburg, South Carolina - Housing Authority - Deputy Executive Director - 2000 Town Council 167 of 252 Meeting Date: April 12, 2010Town Council 167 of 252 Meeting Date: April 12, 2010 Spartanburg, South Carolina - Housing Authority - Director of Maintenance - 1994 Topeka, Kansas- Director of Housing & Neighborhood Development - 2002 Human Resources *Alameda County, California - Assistant General Manager, Diversity Programs - 1995 Brazos River Authority, Texas - Director of Human Resources - 2000 *Commerce, California - Human Resource Director - 1998 *Contra Costa County, California - Personnel Officer - Health Services Department - 1998 Decatur, Georgia - Personnel Administrator - 2002 El Paso, Texas - Human Resources Director - 2005 El Paso, Texas - Human Resources Assistant Director - 2007 *Foster City, California - Human Resource Director - 2001 Glendale, Arizona - Human Resources Director - 2004 *Henderson, Nevada - Human Resource Director - 1997 Homestead, Florida - Director of Human Resources - 1997 Howell, Michigan - Human Resources Director - 2004 Huber Heights, Ohio - Human Resources Manager - 2002 Kansas City, Missouri - Human Relations Administrator Lakeland, Florida – Retirement Services Director – 2006 Littleton, Colorado – Human Resource Manager - 2007 Los Alamos National Laboratory - Human Resource Positions - 2003 Los Alamos, New Mexico - Human Resources Manager - 2003 *Mendocino County, California - Personnel Director -1998 Midland, Michigan - Director of Personnel/Labor Relations - 1996 Norfolk, Virginia - Director of Human Resources - 1997 Norfolk, Virginia - Director of Human Resources - 1988 North Port, Florida - Human Resources Manager (Limited scope search) - 2002 *Pasadena, California - Human Resource Director - 2000 *Pasadena, California - Sr. Human Resources Analyst - Pay and Classification - 1995 *Pleasanton, California - Human Resource Director - 2000 *Pleasanton, California - Personnel Analyst I - 1997 Portsmouth, Virginia - Human Resources Director - 1998 Raleigh, North Carolina - Personnel Director - 1972 *Reno, Nevada - Sr. Management Analyst - 1999 *Reno, Nevada - Sr. Management Analyst - 1995 Sarasota, Florida - Human Resources Director - 2002 Sarasota, Florida - Director of Human Resources - 1986 Spartanburg, South Carolina Commission of Public Works/Sanitary Sewer District -Personnel Director - 1987 *Tracy, California - Human Resource Director - 2001 Tucson, Arizona - Human Resources Director - 2005 Virginia Beach, Virginia - Director of Human Resources - 1987 Human Services Atlanta/Fulton Community Action Authority, Georgia - Executive Director - 1991 Children's Board of Hillsborough County, Florida - Executive Director - 1989 Children's Services Council of Palm Beach County, Florida - Executive Director - 1987 Contra Costa County, California - Personnel Officer, Health Services Department Mesa County, Colorado – Director of Human Services - 2007 Montgomery County, Ohio – Director of Job and Family Services - 2007 State of Delaware - Director, Division for the Visually Impaired - 1996 State of South Carolina - Director, Division of Health and Human Services - 1989 Washoe County, Nevada - Health Officer, Nevada District Health Department Information Systems Town Council 168 of 252 Meeting Date: April 12, 2010Town Council 168 of 252 Meeting Date: April 12, 2010 *Alameda County, California - Cable TV Analyst - 1995 California Polytechnic State University, San Luis Obispo - Information Systems Assistant Professors (2) - 1988 Centers for Disease Control Federal Credit Union - Vice President for MIS - 1990 Charleston County, South Carolina - Chief Information Officer - 2000 Chesapeake, Virginia - Director of Information Technology - 2000 Columbia, South Carolina - Director of Information Technology - 2000 Fort Lauderdale, Florida - Director of Computer Applications - 1987 Garland, Texas - Chief Information Officer - 2006 Genesee County Road Commission, Flint, Michigan - Data Systems Manager - 2001 Jacksonville, Florida - Chief, Information Technology - 1999 Lakeland, Florida - Information Technology Director - 2004 North Port, Florida - Information Technology Manager (Limited scope search) - 2002 *Pleasanton, California - Information Services Manager - 1999 Sarasota County, Florida - Director of Management Information Systems - 1987 Sunrise, Florida - Management Information Services Director – 2000 Technical Research Data Authority, Florida – Executive Director - 2007 Tucson, Arizona - Chief Information Officer - 2005 Yuma, Arizona - Assistant Director of ITS/Business Applications - 2000 Yuma, Arizona - Assistant Director of ITS/Telecommunications - 2000 Library Director Calcasieu Parish Library System, Louisiana - Library Director - 2002 *Pleasanton, California - Library Director - 2002 *Pleasanton, California - Library Services Manager - 1999 Ramsey County Public Library, Minnesota - Director (Limited scope search) - 2000 *Redwood City, California - Library Director - 1997 Spartanburg County Public Library, South Carolina - County Librarian - 1999 Manpower Raleigh, North Carolina - Manpower Program Coordinator - 1971 Municipal Leagues Michigan Municipal League, Ann Arbor, Michigan - Executive Director - 2004 Colorado Municipal League, Denver, Colorado - Business Manager - 2005 Non-Profit Agencies United Way of Benton and Franklin Counties, Washington - President and Chief Executive Officer - 2000 Parking *West Hollywood, California - Parking Manager - 2002 Parks & Recreation Charleston County Park & Recreation Commission, South Carolina - Executive Director - 2000 Des Moines, Iowa - Director, Polk County Conservation Commission - 2004 Edmond, Oklahoma - Parks and Recreation Director (Limited scope search) - 2003 Ft. Lauderdale, Florida - Director of Parks and Recreation - 2000 Great Falls, Montana - Parks and Recreation Director - 2005 *Henderson, Nevada - Parks and Recreation Director - 2002 Hillsborough County, Florida - Director of Parks, Recreation and Conservation – 2005 Town Council 169 of 252 Meeting Date: April 12, 2010Town Council 169 of 252 Meeting Date: April 12, 2010 Jackson County, Missouri – Director of Parks and Recreation - 2007 McKinney, Texas - Parks and Recreation Director - 2006 Polk County Conservation Commission, Iowa - Director - 2004 *Reno, Nevada - Parks and Recreation Director - 1999 *San Carlos, California - Parks and Recreation Director - 2000 *San Diego, California - Parks and Recreation Director - 2000 *Tracy, California - Parks and Recreation Director - 2000 Planning/Community Development Avondale, Arizona - Development Services Director - 2002 Camden, New Jersey - Director of Planning and Community Development - 2001 *Carlsbad, California - Community Development Director - 2001 Charlotte, North Carolina - Director of Neighborhood Development (Limited scope search) - 1996 Charlottesville, Virginia - Neighborhood Services Director - 1999 Chatham County-Savannah Metropolitan Planning Commission, Georgia - Executive Director - 2003 Chesapeake, Virginia - Planning Director - 1986 Clearwater, Florida - Director of Development Services (Limited scope search) - 1998 Clearwater, Florida - Planning Director - 1977 *Cloverdale, California - Community Development Director – 2001 Coastal Georgia Regional Development Center, Brunswick, Georgia – Executive Director - 2007 College Station, Texas - Director of Planning and Development Services - 2006 Community Redevelopment Agency of Delray Beach, Florida - Executive Director - 2000 Daytona Beach, Florida - Development Services Director – 2005 Daytona Beach, Florida – Planning Administrator - 2007 Daytona Beach, Florida – Planning Director - 2007 Ft. Lauderdale, Florida - Director of Planning & Development - 1998 Ft. Lauderdale, Florida - Director of Planning & Economic Development - 1987 Gaithersburg, Maryland - Planning Director - 2006 Grand Ledge, Michigan - Director of Community Development - 1999 Hanover Park, Illinois - Community Development Director - 2002 Hillsborough County, Florida City-County Planning Commission - Executive Director - 1986 Homestead, Florida - Executive Director, Community Redevelopment Association - 1997 Huber Heights, Ohio - Planning and Community Development Director - 2004 *Irvine, California - Community Development Director - 1997 Jacksonville, Florida - Chief of Comprehensive Planning – 1999 Kansas City, Missouri - Director of City Planning and Development - 2006 Kansas City, Missouri - Director of City Planning and Development - 2004 Largo, Florida - Assistant Director of Community Development - 2003 *Livermore, California - Planning Manager - 2000 Los Alamos, New Mexico - Community Development Director (Limited scope search) - 2003 *Los Gatos, California - Community Development Director - 1999 Melbourne, Florida - Director of Planning (Limited scope search) - 2003 Mesquite, Texas - Director of Development Services (Limited scope search) - 2003 Norfolk, Virginia - Director of City Planning and Codes Administration - 1996 Palm Beach County, Florida - Director of Planning, Building and Zoning - 1988 Peninsula Transportation District Commission (Virginia) - Director of Planning - 1999 Polk County, Florida - Land Development Engineer - 2006 Prince William County, Virginia - Planning Director (Limited scope search) - 2002 Orange Beach, Alabama - Director of Community Development - 2002 Rio Rancho, New Mexico - Director of City Development - 2003 *San Carlos, California - Community Development Director - 2002 *San Mateo, California - Community Development Director - 2002 Scottsdale, Arizona - Planning Systems General Manager - 2000 Taos, New Mexico - Director of Community and Economic Development – 2008 Taos, New Mexico - Planning and Zoning Director (Limited scope search) – 2000 Town Council 170 of 252 Meeting Date: April 12, 2010Town Council 170 of 252 Meeting Date: April 12, 2010 Tempe, Arizona - Director of Development Services - 1996 Toledo-Lucas County Plan Commissions, Ohio - Deputy Executive Director-Long Range Planning - 2001 Topeka-Shawnee County, Kansas - Director of Topeka-Shawnee County Metropolitan Planning Department - 2002 *Tracy, California - Planning Manager – 2001 West Des Moines, Iowa – Director of Development Services - 2007 Yuma, Arizona - Development Engineering Manager - 1999 Yuma, Arizona - Development Engineer - 1999 Protected Classes Alachua County, Florida - County Administrator - 1984 Alexandria, Virginia - Director of Real Estate Appraisals - 1993 Ann Arbor, Michigan - City Attorney (Limited scope search) - 1995 Arlington County, Virginia - Director of Management & Finance - 1999 Aspen, Colorado - City Manager - 1989 Atlanta/Fulton Community Action Authority, Georgia - Executive Director - 1991 Austin, Texas - City Manager - 1988 Avondale, Arizona - Utilities Director - 2002 Bangor, Maine - Airport Director - 2001 Bellaire, Texas - City Clerk (Limited scope search) - 1997 Bexar County, Texas - Executive Director, Information Services - 2000 Billings, Montana - Assistant City Administrator - 2003 Brazos River Authority, Texas - Director of Human Resources - 2000 Capital Area Transportation Authority, Lansing, Michigan - Executive Director - 1985 Charlotte, North Carolina - City Manager – 1996 Charlotte, North Carolina - City Manager - 1996 Charlotte County, Florida – Community Development Director - 2007 Charlotte, North Carolina - Director of Neighborhood Development (Limited scope search) - 1996 Charlottesville Redevelopment and Housing Authority (Virginia) - Executive Director - (Limited scope search) - 1999 Chesapeake Redevelopment & Housing Authority - Executive Director - 1998 Children's Services Council of Palm Beach County, Florida - Executive Director - 1987 *Colma, California - City Manager - 1998 Community Redevelopment Agency of Delray Beach, Florida - Executive Director - 2000 Coral Springs, Florida - Assistant City Manager - 2000 Cuyahoga Metropolitan Housing Authority - Director of Communications (Limited scope search) - 1998 Cuyahoga Metropolitan Housing Authority - General Counsel (Limited scope search) - 1998 Cuyahoga Metropolitan Housing Authority - Labor/Management Attorney (Limited scope search) -1998 Cuyahoga Metropolitan Housing Authority - Vice President, Administrative Services - 1998 Cuyahoga Metropolitan Housing Authority - Vice President, Customer Service Administration - 1998 Cuyahoga Metropolitan Housing Authority - Vice President of Neighborhood and Housing Development - 1998 Cuyahoga Metropolitan Housing Authority - Director of Section 8 - 1998 Dallas, Texas - Director of Housing - 1994 Decatur, Georgia - Personnel Administrator - 2002 District of Columbia Government - Chief Financial Officer - 1999 District of Columbia Government - Inspector General - 1999 Durham, North Carolina - City Manager - 2005 East Lansing, Michigan - Chief of Police - 1991 Eloy, Arizona - City Engineer - 2001 El Paso, Texas - City manager - 2004 Fort Lauderdale, Florida - City Manager - 1998 *Foster City, California - Human Resource Director - 2001 Franklin Village, Michigan - Village Administrator - 1998 Glendale, Arizona - Deputy City Manager (2) - 2004 Glendale, Arizona - Human Resources Director - 2004 Greensboro, North Carolina - Assistant City Manager (Limited scope search) - 1996 Town Council 171 of 252 Meeting Date: April 12, 2010Town Council 171 of 252 Meeting Date: April 12, 2010 Greensboro, North Carolina - Chief of Police - 1998 Hampton Roads Transit Authority, Virginia - Executive Director (Limited scope search) - 1998 Hampton Roads Transit Authority, Virginia - Director of Planning - 2000 *Henderson, Nevada - Human Resource Director - 1997 Hillsborough County, Florida - Director, Division of Cultural Services - 1988 Homebuilders Association of Greater Spartanburg, South Carolina - Executive Director - 1998 Indian Rocks Beach, Florida - Treasurer (Limited scope search) - 1995 Ithaca Housing Authority, New York - Executive Director - 1993 Jackson, Michigan - Fire Chief - 1997 Jacksonville, Florida - Chief, Information Technology - 1999 Johnson County, Kansas - County Administrator - 1998 *Lake Arrowhead Community Services District - F.D. - Finance Director/District Engineer - 2000 Lakeland, Florida - Assistant City Manager - 2003 Lakeland, Florida - Assistant City Manager – 2000 Laredo, Texas – Police Chief -2008 Largo, Florida - Assistant Director of Community Development - 2004 Leon County, Florida - County Administrator – 1989 Littleton, Colorado – City Attorney - 2008 *Livermore, California - Assistant City Attorney - 2001 *Livermore, California - City Manager - 2000 *Livermore, California - Deputy City Attorney - 2000 Los Alamos County, New Mexico - County Administrator - 2003 Los Alamos County, New Mexico - Utilities Manager - 2003 *Mendocino County, California - Personnel Director -1998 Michigan Theatre, Jackson, Michigan - Executive Director - 1998 Montgomery County, Maryland - Director of Office of Management & Budget - 2003 Montgomery Village, Illinois - Village Manager - 2000 Mound, Minnesota - City Manager - 2000 Norfolk Redevelopment and Housing Authority, Virginia - Executive Director - 2001 Norfolk Redevelopment and Housing Authority, Virginia - Deputy Executive Director - 2000 Norfolk, Virginia - Director of Human Resources - 1988 Norfolk, Virginia - Assistant Director of Human Resources - 1999 Norfolk, Virginia - Chief of Police - 1993 Norfolk, Virginia - City Manager - 1999 Norfolk, Virginia - Director of Human Resources - 1998 Norfolk, Virginia - Finance Director - 1995 Norfolk, Virginia - Solid Waste Superintendent - 2000 Norfolk, Virginia - Assistant City Manager - 1998 North Miami Beach, Florida - City Manager - 2002 Oklahoma City, Oklahoma - City Manager - 1986 Orange Beach, Alabama - Director of Community Development - 2002 Owosso, Michigan - Chief of Police - 2002 Palm Beach County, Florida - Director of Planning, Building and Zoning - 1988 Palm Beach County, Florida - Assistant Director of Financial Management and Budget for Budget - 1986 Palm Beach County Health Care District, Florida - Administrator - 1988 *Pleasanton, California - Library Director - 2002 *Pleasanton, California - Library Services Manager - 1999 Polk County Conservation Board - Executive Director - 2004 Portsmouth, Virginia - Director of Human Resources - 1999 Portsmouth, Virginia - Chief of Police - 1998 Portsmouth, Virginia - Director of Risk Management - 1998 Portsmouth, Virginia School System - Director of Risk Management - 1998 Raleigh, North Carolina - City Clerk - 1972 Raleigh, North Carolina - Community Relations Director - 1971 Raleigh, North Carolina - Assistant to the City Manager - 1971 Ramsey County Public Library, Minnesota - Director (Limited scope search) - 2000 Town Council 172 of 252 Meeting Date: April 12, 2010Town Council 172 of 252 Meeting Date: April 12, 2010 Reading, Pennsylvania - Managing Director - 2004 *Redwood City, California - Library Director - 1997 *Reno, Nevada - City Manager - 1995 *Reno, Nevada - Redevelopment Administrator - 1998 Richmond Redevelopment and Housing Authority, Virginia - Director of Housing Operations - 2000 Roanoke, Virginia - City Manager - 1999 San Antonio Water System, San Antonio, Texas - Vice President of Communications and Community Relations - 2005 San Diego, California - Deputy City Manager - 1988 *San Diego, California - Parks and Recreation Director - 2000 *San Diego, California - Assistant City Manager - 2000 San Diego, California - General Manager, San Diego Wastewater Management District - 1988 *San Mateo, California - Chief of Police - 2000 Sarasota, Florida - Director of Human Resources - 1986 Southeastern Public Service Authority, Virginia - 1998 Spartanburg, South Carolina Housing Authority - Deputy Executive Director – 1994 Spartanburg, South Carolina Housing Authority - Executive Director - 1992 Spartanburg, South Carolina Housing Authority - Director of Maintenance - 1994 State of Delaware - Director, Division for the Visually Impaired - 1996 Sun >n Lake of Sebring, Florida - General Manager - 2002 Takoma Park, Maryland - City Manager - 2004 Taos, New Mexico - Town Police Sergeant - 2003 Thornton, Colorado - Public Information Officer - 1989 Tucson, Arizona - Chief Information Officer - 2005 Tucson, Arizona - Human Relations Director - 2005 Virginia Beach, Virginia - Director of Human Resources - 1987 Wayne County Economic Development Commission, North Carolina - President/Chief Operating Officer - 2000 West Des Moines, Iowa - Manager, Westcom - 2003 White House, Tennessee - City Administrator - 2005 Wilmington, North Carolina - City Manager - 2002 Public Safety *Anaheim, California - Chief of Police - 1999 Ann Arbor, Michigan - Fire Chief - 2002 *Barstow, California - Chief of Police - 1998 Belding, Michigan - Chief of Police - 1998 Boulder, Colorado - Communications Center Manager - 2004 Bowie, Maryland - Chief of Police - 2006 Bryan, Texas - Chief of Police - 2003 Camden, New Jersey - Director of Public Safety - 2001 *Carlsbad, California - Chief of Police - 2000 *Carlsbad, California - Fire Chief - 2001 Champaign, Illinois - Fire Chief - 2004 Champaign, Illinois - METCAD Director - 2004 Charter Township of Meridian, Michigan - Chief of Police - 1998 Chesapeake, Virginia - Fire Chief - 1998 Davenport, Iowa - Chief of Police - 2000 Davenport, Iowa - Fire Chief – 2000 Daytona Beach, Florida – Fire Chief - 2006 Des Moines, Iowa – Chief of Police - 2007 Douglas County, Nebraska - Director of County Corrections Center - 2006 Douglas County, Nebraska - Director of County Corrections Center - 2005 Douglas County, Nebraska - Director of County Corrections Center - 2003 East Lansing, Michigan - Chief of Police - 1991 Edmond, Oklahoma - Chief of Police - 2003 Town Council 173 of 252 Meeting Date: April 12, 2010Town Council 173 of 252 Meeting Date: April 12, 2010 Eloy, Arizona - Chief of Police - 2000 *El Segundo, California - Fire Chief - 2001 Fredericksburg, Virginia - Chief of Police -2004 Glendale, Arizona - Chief of Police (Limited Scope Search) – 2004 Goodyear, Arizona – Deputy Fire Chief - 2007 Greeley, Colorado - Chief of Police - 2005 *Greenfield, California - Chief of Police - 1997 *Greenfield, California - Chief of Police - 1999 Greensboro, North Carolina - Chief of Police - 1998 Greensboro, North Carolina - Fire Chief - 1998 Hampton, Virginia - Fire Chief - 1986 Hanover Park, Illinois - Fire Chief - 2002 Hanover Park, Illinois - Fire Chief - 2000 Hanover Park, Illinois - Chief of Police - 1998 Hanover Park, Illinois - Chief of Police - 1996 *Hayward, California - Chief of Police - 1995 *Healdsburg, California - Chief of Police - 2001 Holly Springs, Georgia - Chief of Police (Limited Scope) - 2005 Huber Heights, Ohio - Fire Chief - 2001 Huber Heights, Ohio - Deputy Chief of Police - 2003 Jackson, Michigan - Chief of Police - 1996 Jackson, Michigan - Fire Chief – 1996 Jackson County, Missouri – Director of Corrections - 2007 Jackson County, Missouri – Deputy Medical Examiner - 2007 Jacksonville, North Carolina - Chief of Police - 2004 Jacksonville, North Carolina - Chief of Police - 1996 Key West, Florida - Chief of Police - 1998 *Kirkland, Washington - Fire Chief - 1997 *Livermore, California - Chief of Police - 2002 *Livermore-Pleasanton Fire Department, California - Fire Chief - 2001 Longboat Key, Florida - Chief of Police - 1996 Manatee County, Florida - Director of Public Safety - 1987 *Manhattan Beach, California - Chief of Police - 1999 Melbourne, Florida - Fire Chief - 2004 Meridian, Michigan - Fire Chief - 1998 Meridian Township, Michigan - Police Chief (Assist) - 2004 *Mountain View, California - Police Captain - 1999 Newport, Oregon - Police Chief - 2002 Newport News, Virginia - Chief of Police - 2004 Newport News, Virginia - Chief of Police - 1997 Newport News, Virginia - Chief of Police - 1983 Norfolk, Virginia - Chief of Police - 1993 Norfolk, Virginia - Director of Fire and Paramedical Services - 1996 Northglenn, Colorado - Chief of Police - 2001 North Huntingdon Township, Pennsylvania - Chief of Police - 2004 North Little Rock, Arkansas - Chief of Police - 1988 North Myrtle Beach, South Carolina - Public Safety Director - 2006 North Port, Florida - Fire Chief (Limited scope search) - 2002 Owosso, Michigan - Chief of Police - 2003 Papillion, Nebraska - Chief of Police - 2000 *Pasadena, California - Fire Chief - 1998 Pinellas County, Florida - Undersheriff for Administration - 1986 *Pleasanton, California - Chief of Police - 1999 *Pleasanton, California - Police Lieutenant - 2002 Portsmouth, Virginia - Chief of Police – 1997 Prairie Village, Kansas – Chief of Police - 2007 Town Council 174 of 252 Meeting Date: April 12, 2010Town Council 174 of 252 Meeting Date: April 12, 2010 Raleigh, North Carolina - Chief of Police - 1971 Raleigh, North Carolina - Fire Chief - 1973 *Reno, Nevada - Chief of Police - 1997 *Reno, Nevada - Fire Chief - 1996 Rio Rancho, New Mexico - Director of Public Safety (Assist) - 2004 Rio Rancho, New Mexico - Director of Public Safety - 2001 Riverdale, Georgia - Chief of Police - 2000 *San Mateo, California - Chief of Police - 2000 *Santa Rosa, California - Chief of Police - 1996 Sarasota, Florida - Chief of Police - 1987 *Silicon Valley Animal Control Authority, California - General Manager - 2000 *Simi Valley, California - Chief of Police - 1995 Southlake, Texas - Police Chief - 2005 Spartanburg County, South Carolina - Communications Director - 1997 Suffolk, Virginia - Chief of Police – 2001 Takoma Park, Maryland – Chief of Police - 2007 Taos, New Mexico - Chief of Police - 2002 Police Lieutenant - 2002 Police Sergeant (2) - 2002 Police Patrol Officers (2) - 2002 *Tracy, California - Chief of Police - 1997 Trumbull County, Ohio - 911 Director - 2005 Western Tidewater Regional Jail Authority - Virginia - Superintendent - 2002 Wilmington, North Carolina - Chief of Police - 1997 Winchester, Virginia - Chief of Police (Limited Scope) - 2005 Public Utilities *Anaheim, California - Water Engineering Manager - 1996 *Anaheim, California - Water Field Operations Manager - 1996 *Anaheim, California - Assistant General Manager B Public Utilities - 1995 Avondale, Arizona - Director of Utilities - 2002 Avondale, Arizona - Utilities Director - 2002 Brazos River Authority, Texas - General Manager - 1998 Brazos River Authority, Texas - Director of Human Resources - 2000 Brazos River Authority, Texas - Water Resources Division Manager - 2000 Charlottesville, Virginia - Gas Superintendent – 1984 Charlotte County, Florida - Utilities Director - 2006 Charlotte County, Florida - Utilities Engineering Services Manager - 2008 Charlotte County, Florida - Utilities Engineering Services Manager – 2005 Chesterfield County, Virginia - Director of Utilities/Public Works – 1983 Choctawhatchee Electrical Cooperative, Defuniak Springs, Florida- Chief Operating Officer - 2007 Clearwater, Florida - Public Works Division Director/Utilities - 1998 Columbus, Georgia - President, Water Works - 1988 Danville, Virginia - 1999 - Senior Civil Engineer - Gas Engineer - Water Engineer - Senior Electric Engineer - Electric Engineer Danville, Virginia - Electric Utility Electrical Engineers (2) - 1999 Daytona Beach, Florida – Public Works Director - 2007 District of Columbia Water and Sewer Authority - Occupational Safety and Health Director - 1998 District of Columbia Water and Sewer Authority - Engineering Planning Manager - 1998 Escambia County Utility Authority, Florida - Executive Director - 2002 Fort Lauderdale, Florida - Utility Distribution & Collection System Manager - 2003 Town Council 175 of 252 Meeting Date: April 12, 2010Town Council 175 of 252 Meeting Date: April 12, 2010 Gainesville Regional Utilities (Florida) - Water/Wastewater Engineer II - 1998 Georgia Power Company - Director of Economic and Community Development - 1982 Green Bay Metropolitan Sewerage District - Executive Director - 2006 Greensboro, North Carolina - Utilities Director - 1996 Hampton Roads Sanitation District, Virginia - General Manager - 2006 Henry County Public Service Authority, Virginia - Director of Regulatory Compliance and Technical Applications - 2000 Hillsborough County, Florida - Director of Solid Waste Management - 2005 Homestead, Florida - Utilities Director - 1989 Homestead, Florida - Plant Manager - 1989 Kansas City, Missouri - Deputy Director of Water Services - 2004 Largo, Florida - Environmental Services Director - 2006 *Livermore, California - Water Resources Manager - 1999 Los Alamos County, New Mexico - Utilities Manager, NM Board of Public Utilities - 2002 Macon/Bibb County Water & Sewerage Authority, Georgia - Executive Director - 1987 Macon Water Authority, Georgia - Executive Director - 2002 Milwaukee, Wisconsin - Water Superintendent (Limited scope search) - 1997 *Modesto, California - Operations and Maintenance Director- 1998 Monroe, North Carolina - Water Resources Director - 1998 *Monrovia, California - Interim Water Director - 1995 North Port, Florida - Utilities Director - 2002 Orlando Utilities Commission (OUC), Florida - General Manager - 2004 *Pleasanton, California - Utilities Superintendent - 1999 Polk County, Florida - Utilities Technical Services Director - 2005 Spartanburg, South Carolina - Commission of Public Works-General Manager - 1995 Spartanburg, South Carolina - Commission of Public Works-General Manager - 1988 Spartanburg, South Carolina - Commission of Public Works-General Manager - 1986 Spartanburg, South Carolina Sewer District - Director - 1995 Spartanburg, South Carolina Sewer District - Director - 1988 Spartanburg, South Carolina Sewer District - Director - 1986 Spartanburg, South Carolina - Commission of Public Works/Sanitary Sewer District - Personnel Director - 1995 Spartanburg, South Carolina - Commission of Public Works/Sanitary Sewer District - Personnel Director - 1987 San Antonio Water System, Texas - Vice President for Communications, 2005 San Diego, California - General Manager, San Diego Wastewater Management District - 1988 Severn Trent, Florida - District Manager - 2005 Southwest Oakland County Resource Recovery and Water Authority, Michigan - General Manager - (SOCRRA/SOCWA) - 2001 Talladega, Alabama - General Manager, Talladega Water & Sewer Board – 2004 Valdosta, Georgia – Utilities Director - 2007 Vero Beach, Florida - Utilities Director - 2004 *Ventura, California - Director of Water and Wastewater - 1997 Virginia Beach, Virginia - Deputy City Manager for Utilities – 1987 West Palm Beach, Florida – Director of Public Utilities – 2008 West Palm Beach, Florida – Water Plant Manager - 2008 Public Works/Engineering Atlanta, Georgia - Traffic Engineer (Technology Agent) - 1973 Aurora, Colorado - Public Works Director - 1989 Avondale, Arizona - Director of Utilities - 2002 Avondale, Arizona - Development Services Director - 2002 Bexar County, Texas - Executive Director Infrastructure Services - 1999 Billings, Montana - Director of Public Works - 2001 Champaign, Illinois - Director of Public Works (Limited Scope Search) 2004 Chesapeake, Virginia - Project Director, Route 168 Road Project (Limited scope search) - 1999 Clearwater, Florida - Public Works Division Director/Transportation and Drainage - 1998 Town Council 176 of 252 Meeting Date: April 12, 2010Town Council 176 of 252 Meeting Date: April 12, 2010 Clearwater, Florida - Public Works Division Director/Utilities - 1998 *Contra Costa County Central Sanitary District - Director of Administration - 2001 Danville, Virginia - 1999 - Senior Civil Engineer - Gas Engineer - Water Engineer - Senior Electric Engineer - Electric Engineer DeKalb County, Georgia - Public Works Director - 1996 *Delta Diablo Sanitation District - Administrative Services Manager - 2001 Eloy, Arizona - City Engineer - 2000 Fayetteville, North Carolina - Engineering Manager (Limited scope search) - 2000 Fort Lauderdale, Florida - Public Works Director - 2004 Fort Lauderdale, Florida - Construction Manager - 2004 Fort Lauderdale, Florida - Resource Recovery Board, Broward Solid Waste Disposal District, Executive Director - 2000 Genesee County Road Commission, Flint, Michigan - Engineering Position - 2001 Genesee County Road Board, Michigan - Manager-Director - 1999 Genesee County Road Board, Michigan - Chief Engineer - 1999 Glastonbury, Connecticut - Director of Building Services - 2000 *Glendale, California - Customer Service Administrator - 1996 Grapevine, Texas - Public Works Director - 1986 Green Bay Metropolitan Sewerage District - Executive Director - 2006 Greensboro, North Carolina - Director of Transportation - 2000 Hampton Roads Sanitation District, Virginia - General Manager - 2006 Hanover Park (Village), Illinois - Public Works Director - 2001 Henry County Public Service Authority, Virginia - Director of Regulatory Compliance & Technical Applications - 2000 Highland Park, Michigan - Interim Public Works Director - 2002-2003 Indian Rocks Beach, Florida - Public Services Director (Limited scope search) - 1996 *Irvine, California - Public Works Director - 1997 Jacksonville, Florida - Director of Public Works - 1999 Kansas City, Missouri - Deputy Director of Public Works - 2006 Kansas City, Missouri - City Engineer - 2006 Kansas City, Missouri - Manager of Facilities - 2006 *La Quinta, California - Public Works Director - 2002 *Lake Arrowhead Community Services District - F.D. - Finance Director/District Engineer - 2000 Little Rock, Arkansas - Public Works Director (Technology Agent) - 1973 *Livermore, California - City Engineer - 1999 Los Angeles, California - General Manager, General Services Department - 2000 Marietta, Georgia - Public Works Director - 2006 Martin County, Florida - County Engineer/Public Services Director - 1998 Meridian Township, Michigan - Public Works Director - 1998 Monroe, North Carolina - Water Resources Director – 1998 Mooresville, North Carolina – Manager of Engineering - 2008 *Morgan Hill, California - Public Works Director – 1995 New York City Municipal Water Finance Authority – Assistant Comptroller - 2008 *Napa Sanitation District - General Manager - 1998 *Newark, California - Public Works Director - 1995 Norfolk, Virginia - Sr. Civil Engineer - 1989 Norfolk, Virginia - Waste Management Superintendent - 1999 Orlando, Florida - Public Works Director - 2004 Osceola County, Florida - Building Department Director - 2005 *Oxnard, California - Public Works Director - 1995 *Pleasanton, California - City Engineer - 2001 *Pleasanton, California - Public Works Director - 2002 *Pleasanton, California - Chief Building Official - 2001 *Pleasanton, California - Deputy Director of Public Works B Operations - 1999 Town Council 177 of 252 Meeting Date: April 12, 2010Town Council 177 of 252 Meeting Date: April 12, 2010 Polk County, Florida - Traffic Engineering Division Director - 2002 Polk County, Florida - Land Development Engineer - 2006 Polk County, Florida - County Engineer - 2006 Port Huron, Michigan - Public Works Director – 1998 Port of Los Angeles – Director of Construction & Maintenance - 2007 Punta Gorda, Florida - Project Manager (Limited Scope Search Process) - 2004 Rochester Hills, Michigan - Director of Public Services – 2001 Salem, Oregon – Senior Engineering Program Manager - 2007 Salem, Oregon – Senior Engineering Project Manager - 2007 Saline County, Kansas - Director of Public Works - 1987 St. Petersburg, Florida - Deputy City Manager for Public Works - 1988 San Jose, California - Deputy Public Works Director for City Facilities - 2003 *San Mateo, California - Public Works Director - 2000 *Santa Clara, California - City Engineer - 2000 *Santa Clara, California - Public Works Director - 2000 Sarasota County, Florida - Chief Building Officer - 1988 Sioux City, Iowa - City Engineer - 2003 Sioux City, Iowa - Senior Civil Engineer (2) - 2003 Southeastern Public Service Authority, Virginia - Executive Director - 1998 Spartanburg, South Carolina - Commission of Public Works - General Manager – 1995 Spartanburg, South Carolina - Commission of Public Works - General Manager - 1988 Spartanburg, South Carolina - Commission of Public Works - General Manager - 1986 Spartanburg, South Carolina Sewer District - Director - 1995 Spartanburg, South Carolina Sewer District - Director - 1988 Spartanburg, South Carolina Sewer District - Director - 1986 Spartanburg, South Carolina Housing Authority - Director of Maintenance - 1994 Suffolk, Virginia - Transportation Engineer – 1994 Sumter County, Florida – Engineering Manager - 2006 Sun N” Lake Sebring Improvement District, Florida - General Manager - 2002 *Tracy, California - Public Works Director - 1995 *Tracy, California - Chief Building Official – 2001 Valdosta, Georgia – Traffic Engineer - 2007 *Ventura Regional Sanitation District - General Manager - 1996 West Des Moines, Iowa - Engineering Manager - 2002 West Des Moines, Iowa - Principal Engineer - 2002 Real Estate Alexandria, Virginia - Director of Real Estate Appraisals - 1993 Gwinnett County, Georgia - Chief Appraiser (Limited scope search) - 1997 Risk Managers Fort Lauderdale, Florida - Risk Manager - 2002 Gainesville, Florida - Risk Management Director - 1998 Jacksonville, Florida - Chief of Risk Management Division - 2000 Miami Valley Risk Management Association - Executive Director - 1999 Portsmouth, Virginia - Director of Risk Management - 1998 Portsmouth School System - Director of Risk Management - 1998 Raleigh, North Carolina - Safety Director - 1972 State Governments State of Delaware - Director, Division for the Visually Impaired - 1996 State of South Carolina - Director, Division of Health and Human Services - 1989 State of Maryland DOT - Director, Mass Transit - 1982 Tax Assessor/Tax Agency Town Council 178 of 252 Meeting Date: April 12, 2010Town Council 178 of 252 Meeting Date: April 12, 2010 Gwinnett County, Georgia - Chief Appraiser (Limited scope search) – 1997 Jackson County, Missouri – Director of Assessment - 2007 Regional Income Tax Agency (RITA), Brecksville, Ohio - Executive Director - 2004 Technology Agents (Assistant City Managers) Akron, Ohio - Assistant to the Mayor (Technology Agent) - 1973 Arlington, Texas - Assistant City Manager (Technology Agent) - 1973 Atlanta, Georgia - Traffic Engineer (Technology Agent) - 1973 Eugene, Oregon - Assistant City Manager (Technology Agent) - 1973 Evanston, Illinois - Assistant City Manager (Technology Agent) - 1973 Hampton, Virginia - Assistant City Manager (Technology Agent) - 1973 Henrico County, Virginia - Assistant County Manager (Technology Agent) - 1973 High Point, North Carolina - Assistant City Manager (Technology Agent) - 1973 Independence, Missouri - Assistant City Manager (Technology Agent) - 1973 Jefferson Parish, Louisiana - Assistant to the Parish President (Technology Agent) - 1973 Jersey City, New Jersey - Assistant Business Manager (Technology Agent) - 1973 Kettering, Ohio - Assistant City Manager (Technology Agent) - 1973 Little Rock, Arkansas - Public Works Director (Technology Agent) - 1973 Lower Merion Township, Pennsylvania - Assistant City Manager (Technology Agent) - 1973 Minneapolis, Minnesota - Assistant City Coordinator (Technology Agent) - 1973 Nashville/Davidson County , Tennessee - Assistant to the Mayor (Technology Agent) - 1973 Oklahoma City, Oklahoma - Assistant City Manager (Technology Agent) - 1973 Pasadena, California - Assistant City Manager (Technology Agent) - 1973 Pueblo, Colorado - Assistant City Manager (Technology Agent) - 1973 San Jose, California - Assistant City Manager (Technology Agent) - 1973 St. Petersburg, Florida - Assistant City Manager (Technology Agent) - 1973 Sioux City, Iowa - Assistant City Manager (Technology Agent) - 1973 Spokane, Washington - Assistant City Manager (Technology Agent) - 1973 Topeka, Kansas - Assistant to the Mayor (Technology Agent) - 1973 Tucson, Arizona - Assistant City Manager (Technology Agent) - 1973 West Hartford, Connecticut - Assistant City Manager (Technology Agent) - 1973 Worcester, Massachusetts - Assistant City Manager (Technology Agent) - 1973 Transportation/Transit Authorities Atlanta, Georgia - Traffic Engineer (Technology Agent) - 1973 Capital Area Transportation Authority, Lansing, Michigan - Executive Director - 1985 Greensboro, North Carolina - Director of Transportation - 2000 Hampton Roads Transit Authority, Virginia - Executive Director (Limited scope search) - 1998 Hampton Roads Transit Authority, Virginia - Planning Director - 2000 Jacksonville, Florida - Chief of Transportation Planning - 2000 Lakeland Area Mass Transit District (LAMTD), Lakeland, Florida - Executive Director – 2005 Loudoun County, Virginia – Transportation Director – 2007 Manatee County, Florida – Transportation Director - 2007 Manchester-Boston Regional Airport, New Hampshire – Airport Director - 2007 Maryland Department of Transportation, Director of Mass Transit - 1982 *Metrolink - Assistant Executive Officer - 2000 *Metrolink - Assistant Executive Officer - 2002 Missouri Department of Transportation (MoDOT) - Multiple Searches - 2005 *North Coast Regional Rail Authority - Executive Director - 1999 *Orange County Transportation Authority - Assistant CEO – 1997 Orlando, Florida – Deputy Director of Economic Development - 2008 Pierce County, Washington, Transit Authority - Executive Director - 1981 Suffolk, Virginia - Transportation Engineer – 1994 Tampa-Hillsborough County Expressway Authority, Florida – Executive Director - 2007 Virginia Peninsula Transportation District Commission - Executive Director - 1981 Town Council 179 of 252 Meeting Date: April 12, 2010Town Council 179 of 252 Meeting Date: April 12, 2010 Virginia Peninsula Airport Commission - Executive Director - 1983 Associations American Public Works Association - Executive Director - 1989 *City/County Association of Governments (San Mateo County) - Executive Director - 1995 Florida Association of Counties - Executive Director - 1989 Michigan Municipal League - Executive Director - 2004 Public Technology Inc. - Executive Assistants (3) – 1973 Public Technology Inc. - Regional Managers (4) - 1973 Public Technology Inc. - Technology Agents (27) - 1973 Universities California Polytechnic State University, San Luis Obispo - Dean, School of Business (Limited scope search) - 1988 California Polytechnic State University, San Luis Obispo - Information Systems Assistant Professors (2) - 1988 Georgia Institute of Technology - Director of Advanced Technology Development Center - 1983 Georgia State University - Vice President of Academic Affairs and Provost (Limited scope search) - 1988 Georgia Institute of Technology - Director, Industrial Extension Division - 1984 University of Arizona - Vice President of Finance - 1980 University of Nevada, Reno - Director of Development (Limited scope search) - 1984 University of Northern Colorado - Executive Director for University Foundation and Alumni Association (assist) - 2003 University of South Carolina - Director, Bureau of Governmental Affairs (Limited scope search) - 1990 Georgia Tech Research Institute - Members of Advisory Board to Director - 1983 Georgia Tech Research Institute - Research Director - 1982 Multi-Year Search Agreements Alameda County, California Charleston County, South Carolina City of Chesapeake, Virginia City of Clearwater, Florida City of Columbia, South Carolina Cuyahoga Metropolitan Housing Authority, Cleveland, Ohio City of East Point, Georgia City of Homestead, Florida City of Jacksonville, Florida City of Jackson, Michigan Town of Longboat Key, Florida City of Los Angeles, California Metropolitan Government of Nashville-Davidson County, Tennessee City of Norfolk, Virginia City of Northglenn, Colorado City of North Port, Florida City of Portsmouth, Virginia City of Tucson, Arizona City of Yuma, Arizona City of Spartanburg, South Carolina Spartanburg County, South Carolina Spartanburg Housing Authority, South Carolina City of Phoenix, Arizona Town Council 180 of 252 Meeting Date: April 12, 2010Town Council 180 of 252 Meeting Date: April 12, 2010 Hillsborough County (Tampa), Florida 2. PRIVATE SECTOR - NON-CONFIDENTIAL American Public Works Association - Executive Director Florida Association of Counties - Executive Director Homebuilders Association of Greater Spartanburg, South Carolina - Executive Director - 1998 3. PRIVATE SECTOR (CLIENT LIST IS CONFIDENTIAL) Consulting Firm (Texas) - Regional Vice President Consulting Firm (Washington, D.C.) - Principal Consulting Firm (Georgia) - Senior Consultants; Managers; Director Consulting Firm (Virginia) - Director Consulting Firm (Georgia) - Marketing Director Consulting Firm (Texas) - Marketing Director Electronics Manufacturer (Alabama) - Vice President and Assistant General Manager; Product Manager Health Research Society (California and New York) - President Insurance Company (Ohio) - President Construction Company (Florida) - Vice President Computer Services Company (Georgia) - Vice President, Marketing Basic Metals Company (New York) - Project Manager Financial Institution (Georgia) - Vice President of Data Processing Bookstore & Coffeehouse (Colorado) - Manager Health Service Company (California) - Regional Vice President Property Management Corporation (Virginia) - Vice President, Operations Resort Corporation (Florida) - General Manager Services Company (Florida) - Vice President Law Firm (California and Washington, D.C.) - Associate Attorney Beverage Company (Georgia) - Corporate Attorney Shipbuilder (Mississippi) - 12 Submarine Planners Aerospace Company (California) - 4 Systems Analysts; 2 Production Control Supervisors; 10 Production Assistants *Vice President, Sales & Marketing *Vice President, Strategic Planning *Executive Director, Port Operations Town Council 181 of 252 Meeting Date: April 12, 2010Town Council 181 of 252 Meeting Date: April 12, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-178-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/29/2010 Town Council On agenda:Final action:4/12/2010 Title:Consider and take appropriate action regarding Meeting dates for the July and September Regular Town Council meetings. Attachments: Action ByDate Action ResultVer. Town Council 182 of 252 Meeting Date: April 12, 2010Town Council 182 of 252 Meeting Date: April 12, 2010 12010-178-T Version:File #: Title Consider and take appropriate action regarding Meeting dates for the July and September Regular Town Council meetings. Body Council is currently scheduled to meet: April 26 May 17 (May 12 - 20 Period to Canvass) June 7 June 21 July 5 (Town Offices closed for the 4th of July Holiday) July 19 August 2 August 16 September 6 (Town Offices closed for the Labor Day Holiday) September 20 Staff recommends Council either cancel or reschedule the July 5 and September 6 meetings. Goal #6: A vibrant, inclusive community with involved, caring residents Foster a well informed community Town Council 183 of 252 Meeting Date: April 12, 2010Town Council 183 of 252 Meeting Date: April 12, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-206-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/6/2010 Town Council On agenda:Final action:4/12/2010 Title:Council to provide input and direction to staff regarding the creation of a Code of Conduct/Ethics Ordinance and the establishment of an Ethics Commission. Attachments:Charter Ethics.pdf Ethics Section from Elected-Appointed Official Handbook.pdf 8_3_09_Ethics Ord_Staff.pdf ROSE Draft Code of Ethics & Conduct Proposal (-TE) Rev 1.pdf ROSE Draft TC Code of Ethics Conduct Proposal Rev 3.pdf ROSE Draft TC Code of Ethics & Conduct Proposal Rev 4.pdf Action ByDate Action ResultVer. Town Council 184 of 252 Meeting Date: April 12, 2010Town Council 184 of 252 Meeting Date: April 12, 2010 12010-206-T Version:File #: Title Council to provide input and direction to staff regarding the creation of a Code of Conduct/Ethics Ordinance and the establishment of an Ethics Commission. Body Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 185 of 252 Meeting Date: April 12, 2010Town Council 185 of 252 Meeting Date: April 12, 2010 11.14 Code of Ethics and Conduct; Ethics Commission (a) The Town Council shall adopt by ordinance a code of ethics and conduct that is consistent with the provisions of this Charter and applicable to elected officers, appointed board, commission, and committee members, and employees of the Town. (b) The Town Council shall establish by ordinance an independent Ethics Commission to administer and enforce the Code of Ethics and Conduct ordinance. No member of the Commission may hold elective or appointed office under the Town or any other government or hold any political party office. The Town Council shall appropriate sufficient funds to the Ethics Commission to enable it to perform the duties assigned. Amended 05-09-09-1, Section 11.14 and Subsections(a and), Ord. 2009-12- Prop #21 Town Council 186 of 252 Meeting Date: April 12, 2010Town Council 186 of 252 Meeting Date: April 12, 2010 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 Town Council 187 of 252 Meeting Date: April 12, 2010Town Council 187 of 252 Meeting Date: April 12, 2010 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 Town Council 188 of 252 Meeting Date: April 12, 2010Town Council 188 of 252 Meeting Date: April 12, 2010 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 Town Council 189 of 252 Meeting Date: April 12, 2010Town Council 189 of 252 Meeting Date: April 12, 2010 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 Town Council 190 of 252 Meeting Date: April 12, 2010Town Council 190 of 252 Meeting Date: April 12, 2010 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 Town Council 191 of 252 Meeting Date: April 12, 2010Town Council 191 of 252 Meeting Date: April 12, 2010 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 Town Council 192 of 252 Meeting Date: April 12, 2010Town Council 192 of 252 Meeting Date: April 12, 2010 Please wait... Town Council 193 of 252 Meeting Date: April 12, 2010Town Council 193 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Town Manager DRAFT 04-6-10 Rev 1 WCR Page 1 of 16 TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2010 - AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING AN ETHICS POLICY; DEFINING CERTAIN TERMS; PROVIDING FOR STANDARDS OF CONDUCT; PROVIDING FOR CERTAIN FINANCIAL DISCLOSURES; ESTABLISHING AN ETHICS COMMISSION; PROVIDING FOR DISPOSITION OF ALLEGED VIOLATIONS; AMENDING THE CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE AND SAVINGS CLAUSE; AND PROVIDING FOR RELATED MATTERS. WHEREAS, the Town of Trophy Club, Texas is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, at a Special Election held in accordance with Ordinance 2009-07, within the Town of Trophy Club, Texas, on the 9th day of May, 2009, more than a majority of the duly qualified resident electors of the Town of Trophy Club, voting in the Special Election, voted in favor of the approval and adoption of various amendments to the Home Rule Charter for the Town of Trophy Club, Texas; and WHEREAS, on the 18th day of May, 2009, the Town Council of the Town of Trophy Club adopted Ordinance 2009-12 canvassing the returns of the Special Election and declaring that the Charter had been so amended in accordance with the official results of the Special Election and the Order of the Special Election, and thereby approved and adopted amendments to the Home-Rule Charter of the Town of Trophy Club; and WHEREAS, a Code of Ethics and Conduct, and an Ethics Commission amendment were included in Ordinance 2009-07 and Ordinance 2009-12; and WHEREAS, the Code of Ethics and Conduct, and Ethics Commission amendment requires an ethics and conduct ordinance be adopted by the Town Council; and WHEREAS, the Code of Ethics and Conduct, and Ethics Commission amendment requires an ethics and conduct ordinance be applicable to elected officers, appointed board, commission, and committee members, and employees of the Town; and WHEREAS, the Code of Ethics and Conduct, and Ethics Commission amendment requires establishment of an independent Ethics Commission; and WHEREAS, statutory provisions governing the ethical conduct of public officials and employees are found in various codes including the Texas Local Government Code, Texas Government Code and the Texas Penal Code; and WHEREAS, the conduct of the public business should be accomplished by Town Officials, appointees and employees that have no personal financial interest in such business clearly separate from that of the general public; and WHEREAS, it is important that Town Officials, appointees and employees be provided with a process and procedure to give notice and to then refrain from participation in any Comment [Council1]: This revision changes process from Commission to Town Manager for employees of the Town. The process change occurs after filing with the Town Secretary. Town Council 194 of 252 Meeting Date: April 12, 2010Town Council 194 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Town Manager DRAFT 04-6-10 Rev 1 WCR Page 2 of 16 specific business of the Town in which such Official has a personal financial interest different from that of the general public; and WHEREAS, a reasonable ethics ordinance with disclosure requirements will provide a basis for continuing public confidence in the conduct of the business and affairs of the Town; WHEREAS, the employees of the Town are responsible and answerable to the Town Manager, the Town Manager shall apply the terms and provisions of this Ordinance to the employees of the Town; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: CODE OF ETHICS AND CONDUCT SECTION 1. POLICY (1) It is the policy of the Town that the proper operation of democratic government requires that Town officials, appointees and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government in recognition of these goals, a code of ethics and conduct for all Town officials, appointees and employees is adopted. (2) This code of ethics has four purposes: (a) to encourage high ethical standards in official conduct by Town officials, appointees and employees; (b) to establish guidelines for ethical standards of conduct for all such officials, appointees and employees by setting forth those acts or actions that are incompatible with the best interests of the Town; (c) to require disclosure by such officials, candidates, appointees and employees of private financial or other interests in matters affecting the Town; and (d) to serve as a basis for disciplining those who fail to abide by its terms. (3) The provisions of this article shall not apply to political contributions, loans, expenditures, reports or regulation of political campaigns, or the conduct of candidates in such campaigns, except as expressly provided herein. SECTION 2. PRINCIPLES OF CONDUCT (1) The Town Council further believes that an elected or appointed Town official assumes a public trust and should recognize the importance of high ethical standards within the organization they lead or support. Essential values and ethical behaviors that an elected or appointed official should exemplify include the following: (a) Commitment beyond self. Comment [Council2]: Added “WHEREAS, the employees of the Town are responsible and answerable to the Town Manager, the Town Manager shall apply the terms and provisions of this Ordinance to the employees of the Town;” Town Council 195 of 252 Meeting Date: April 12, 2010Town Council 195 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Town Manager DRAFT 04-6-10 Rev 1 WCR Page 3 of 16 (b) Obedience and commitment beyond the law. (c) Commitment to the public good. (d) Respect for the value and dignity of all individuals. (e) Accountability to the public. (f) Truthfulness. (g) Fairness. (h) Responsible application of resources. (2) In keeping with the values set forth in subsection (1) of this section and to assist in the fulfillment of responsibilities to the individuals and communities served, each elected or appointed official should: (a) Conduct himself and operate with integrity and in a manner that merits the trust and support of the public. (b) Uphold all applicable laws and regulations, going beyond the letter of the law to protect and/or enhance the Town's ability to accomplish its mission. (c) Treat others with respect, doing for and to others what the official would have done for and to himself in similar circumstances. (d) Be a responsible steward of the taxpayer resources. (e) Take no actions that could benefit the official personally at the unwarranted expense of the Town, avoiding even the appearance of a conflict of interest, and exercise prudence and good judgment at all times. (f) Carefully consider the public perception of personal and professional actions and the effect such actions could have, positively or negatively, on the Town's reputation both in the community and elsewhere. (g) Strive for personal and professional growth to improve effectiveness as an elected or appointed official. (3) Interpretation. Section 2 is a statement of purpose and principles only. Nothing in this section may be used to create a cause of action against an official or employee under this article. SECTION 3. DEFINITIONS Town Council 196 of 252 Meeting Date: April 12, 2010Town Council 196 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Town Manager DRAFT 04-6-10 Rev 1 WCR Page 4 of 16 Appears Before. A person appears before the Town Council, board or commission when such person publicly states his name and address, signs a sheet provided for that purpose, and addresses the Council, board or commission. Appointee. Persons appointed or confirmed by the Mayor or Town Council; provided however for the purposes of this definition, the term “appointee” does not include Municipal Judges. Business Entity. Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, or any legal entity organized for profit. Business Dealings. Any activity involving the exchange of economic benefits. Candidate. Every person who declares for or files for any office of the Town to be filled by election. Compensation. Any economic benefit received in return for labor, services, property, or investment. Economic Benefit. Any money, real or personal property, purchase, sale, lease, contract, option, credit, loan, discount, service, or other tangible or intangible thing of value, whether similar or dissimilar to those enumerated. Employee. Any person employed by the Town whether under civil service regulations or not, including those individuals on a part-time basis, but such term shall not be extended to apply to any independent contractor. Family Member. The spouse, parent or child, and the parents of a spouse of a Town official, appointee, or Town employee. Gift. A favor, hospitality, or economic benefit other than compensation but which does not include campaign contributions reported as required by State law, gifts received from a relative if given on account of kinship, or any value received by will, intestate succession, or as a distribution from an inter vivo or testamentary trust established by a spouse or ancestor. Identification. For a natural person, the person’s name, street address, city and state; for any entity other than a natural person, the name, address, city and state of the entity’s principal location or place of business, the type or nature of the entity, the date on which it came into existence, the state of incorporation, if any, and the names of the partners or trustees, if any. Income. Economic benefit received. Intentionally. A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. Town Council 197 of 252 Meeting Date: April 12, 2010Town Council 197 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Town Manager DRAFT 04-6-10 Rev 1 WCR Page 5 of 16 Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. Pecuniary Gain. Any use, benefit or thing of value that can be valued in money. Source of Income. Any business entity, employment, investment, or activity which earned or produced income, including interest, dividends, royalties or rents, which has been paid to or for the credit of a Town official, candidate or family member or which would be taxable to said Town official, candidate or family member under the United States Internal Revenue Code, as amended, even though not actually paid or credited. Substantial Interest. A person has a substantial interest in a business entity if he and/or a family member (a) owns ten percent (10%) or more of the voting stock or shares of the business entity; (b) owns ten percent (10%) or more or $15,000 or more of the fair market value of the business entity; or (c) funds received from the business entity exceed ten percent (10%) or more of the person’s gross income for the previous year. A person has a substantial interest in real property if he, his parent or child, or if married his spouse or his spouse’s parent, controls or has an interest in the property and the interest has a market value of $2,500.00 or more. Town Official. The Mayor, every member of the Town Council, candidates, the Town Manager, the Assistant Town Manager, the Town Attorney, the Town Secretary, Judges of the Municipal Court, the Police Chief, the Fire Chief, the Finance Director, the Information Services Director, the Parks and Recreation Director, the Human Resources Director, the Streets Superintendent, the Planning and Zoning Coordinator and persons acting in the capacity of the aforementioned Town officials, appointees, or employees. SECTION 4. STANDARDS OF CONDUCT (1) Gifts No Town official, appointee, or employee shall intentionally or knowingly accept or solicit any gift, benefit, favor, service or thing of value, such that it might reasonably tend to influence the judgment or discretion of the officer or employee; or that the officer or employee knows or should know is being offered with the reasonable intent to influence the officer's or employee's judgment or discretion; or given in consideration of the favorable exercise of such employee or official’s judgment or discretion in the past. (2) General Provisions (a) No Town official, appointee, or employee shall intentionally or knowingly disclose any confidential information gained by reason of said official or employee’s position concerning the property, operations, policies or affairs of the Town Council 198 of 252 Meeting Date: April 12, 2010Town Council 198 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Town Manager DRAFT 04-6-10 Rev 1 WCR Page 6 of 16 Town, or use such confidential information for the pecuniary gain of said official, employee, or others. (b) No Town official, appointee, or employee shall use, request, or permit the use of Town facilities, personnel, equipment, or supplies for private purposes (including political purposes), except: (1) pursuant to duly adopted Town policies; or (2) to the extent and according to the terms that those resources are generally available to the public. (c) Except as otherwise specifically authorized by ordinance, no Town official or appointee shall intentionally or knowingly appear before the body of which the official is a member while representing himself, or any other person, group, association, interest, or business entity. (d) No Town official, appointee or employee shall intentionally or knowingly represent directly or indirectly any private person, group, or interest other than himself or a family member before any department, agency, commission or board of the Town for economic benefit or pecuniary gain. (e) No Town official, appointee, or employee shall vote on or participate in any decision making process if the official or employee has a direct financial interest in the outcome of the matter under consideration. No Town official, appointee, or employee shall vote on or participate in any decision making process on any matter concerning real property or a business entity if the Town official, appointee, or employee has a substantial interest in the business entity or real property. (f) No Town official, appointee or employee shall intentionally or knowingly accept other employment or engage in outside activities incompatible with the full and proper discharge of official duties and responsibilities, or which would tend to impair independent judgment in the performance of said official duties. (g) None of the foregoing shall be construed to prohibit any Town official, appointee, or employee from representing his interest in his owner occupied homestead before the Council, board, commission or any department except for the body of which the official is a member, or the department by which the employee is employed. (h) In any action or proceeding in the municipal court of the Town which was instituted by a Town official or employee in the course of official duties, no Town official shall knowingly represent anyone other than himself or a family member. If a Council member elects to have a trial in municipal court, the Town Council, without the participation of the affected council member, shall appoint a special judge to preside over the trial. (i) No Town official shall act as a surety for any person or business entity that has any contract with the Town, or on any bond required by the Town for any Town official or employee. Town Council 199 of 252 Meeting Date: April 12, 2010Town Council 199 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Town Manager DRAFT 04-6-10 Rev 1 WCR Page 7 of 16 SECTION 5. DISCLOSURE OF INTEREST (1) If any Town official or appointee has a substantial interest in any real property or business entity involved in any decision pending before the body of which the Town official or appointee is a member, the Town official or appointee shall not vote or otherwise participate in the consideration of the matter. (2) If any employee has a substantial interest in any real property or business entity involved in any decision pending before the department by which the employee is employed, the employee shall not participate in the consideration of the matter. (3) In the case of a Town official or appointee, the Town official or appointee shall publicly disclose, verbally or in writing, the nature and extent of such interest to the body on which the Town official or appointee serves prior to any discussion or determination of the matter to be considered or immediately upon discovery of the conflict of interest. The statement of disclosure shall be included in the official minutes of the body. (4) In the case of an employee, the employee shall disclose such information in writing to the employee’s supervisor and to the Town Secretary prior to any consideration of the matter. The Town Secretary shall keep a file of employee statements of disclosure and said file shall be a public record of the Town. SECTION 6. FINANCIAL DISCLOSURE (1) No later than April 30th of each year, each Town official shall file a sworn financial disclosure statement with the Town Secretary reflecting the financial situation of the Town official as of December 31st of the previous year. Notwithstanding any other term or provision of this Article, as used in this section: (a) the term “family member” shall include only the Town official, and the spouse and the minor children of the Town official; (b) the term “substantial interest” shall include only the interests of the Town official, the spouse and minor children of the Town official; and (c) the annual financial disclosure statement shall not include the assets or property of any person other than those of the Town official, the spouse and minor children of the Town official. (2) A newly employed or appointed Town official shall file a sworn financial disclosure statement with the Town Secretary within thirty (30) days from the date the position with the Town is assumed. Said statement shall reflect the financial situation as of date of employment or appointment and for the previous twelve (12) months, provided, however, such Town official shall not be required to include in such statement the requirements of paragraphs (4) (f), (g), and (h) of this section. Town Council 200 of 252 Meeting Date: April 12, 2010Town Council 200 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Town Manager DRAFT 04-6-10 Rev 1 WCR Page 8 of 16 (3) Each candidate shall file a sworn financial disclosure statement with the Town Secretary within fifteen (15) days of filing for office, reflecting the financial situation of the candidate as of December 31st of the year previous to the election date. (4) Each person required to file a financial disclosure statement shall do so on a form supplied by the Town which shall include the following information: (a) The person’s name, residence address, business address, telephone number, name of all family members and all names under which the person or family member does business. (b) Identification by street address, and legal description of all real property located within the Town or its extraterritorial jurisdiction in which the person has a substantial interest. (c) Identification of each business entity owning property or doing business within the Town or its extraterritorial jurisdiction in which the person has a substantial interest. (d) Identification of each person or business entity to whom the person or family member owed a debt of ten thousand dollars ($10,000) or more during the reporting period, but not including debts owed to persons related within the second degree of consanguinity or affinity, or revolving charge accounts, and excluding loans to a political campaign which were reported as required by law; if repaid during the reporting period the date of repayment shall be stated. (e) Identification of each source of income amounting to ten (10) percent or more of the person’s or family member’s gross annual income as defined by the United States Internal Revenue Code. (f) Identification of the donor of each gift of more than one hundred fifty dollars ($150.00) in value received by the person or family member, including the value of the gift, where such donor has appeared before and requested action of the Town Council during the reporting period. (g) Identification of the donor of two or more gifts of an accumulated value of six hundred dollars ($600.00) or more received by the person or family member, where such donor has appeared before and requested action of the Town Council during the reporting period. (h) Identification of all individuals or business entities that: (i) he or a business entity in which he has a substantial interest has had business dealings involving one or more transactions of five hundred dollars ($500.00) or more each, for a total of twenty-five hundred dollars ($2,500) or more, and (ii) have appeared before and requested action of the Town Council during the reporting period. Town Council 201 of 252 Meeting Date: April 12, 2010Town Council 201 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Town Manager DRAFT 04-6-10 Rev 1 WCR Page 9 of 16 (5) The Town Secretary shall maintain all financial disclosure statements required to be filed herein as public records and retain them for a period of three (3) years after which statements shall be returned to the person filing them or be destroyed. (6) A Town official, appointee, or employee shall immediately and publicly identify either verbally on the record or in writing, all individuals or business entities that: (a) he or a business entity in which he has a substantial interest or has had business dealings involving one or more transactions of five hundred dollars ($500.00) or more each, for a total of twenty-five hundred dollars ($2,500) or more within the immediately preceding twelve (12) month period, and (b) appeared before and requested some action of the Town Council, board or commission of which such reporting person is an advisor or member. (7) Within thirty (30) days of being appointed to the Planning and Zoning Commission and on each anniversary of that date, each member of such Commission shall file with the Town Secretary a sworn statement identifying by street address and legal description all real property located within the Town or its extraterritorial jurisdiction in which the member has a substantial interest. SECTION 7. ETHICS REVIEW COMMISSION (1) An Ethics Review Commission (Commission) is hereby established to be composed of seven (7) members, all of whom shall reside in the Town. (2) Each Commission member shall be appointed by the Town Council and shall occupy a position on the Commission, such positions being numbered 1 through 7. (3) The Commission members shall be appointed to three year staggered terms. Positions 1 and 2 shall serve an implementation term which shall expire on September 30 of 2011. Positions 3 and 4 shall serve an implementation term which shall expire on September 30 of 2012. Positions 5, 6, and 7 shall serve an implementation term which shall expire on September 30 of 2013. After each such implementation term expires, the term of office for each position shall be three years. No member shall serve for more than two (2) consecutive full terms. Implementation terms shall not be counted as full terms. (4) All vacancies shall be filled for the unexpired term. A member shall hold office until his successor has been appointed by the Town Council and shall continue to hold office after his successor has been appointed by the Town Council for the limited purpose of the disposition of all complaints filed during that member's term. No member may participate in a decision regarding a complaint initiated prior to the expiration of the previous member’s term, but new members shall assume the duties of office with respect to all complainants initiated after the previous member's term. Town Council 202 of 252 Meeting Date: April 12, 2010Town Council 202 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Town Manager DRAFT 04-6-10 Rev 1 WCR Page 10 of 16 (5) The Commission shall elect a chairman and a vice-chairman to one (1) year terms. The vice-chairman shall act as chairman in the absence of the chairman. (6) Four (4) or more members of the Commission shall constitute a quorum, but no action of the Commission shall be of any force or effect unless it is adopted by the favorable vote of four (4) or more members. (7) The Commission shall meet at least once a year to review this article and may make recommendations to the Town Council for amendments hereto. (8) The Commission shall render advisory opinions on potential conflicts of interest or violation of this article at the request of a Town official, member of a Town board or commission, subject to the terms of this article. Such advisory opinion shall be rendered within a reasonable time, but in no event later than thirty (30) days after a request is received by the Commission. (9) It shall be a defense to an alleged violation of this article that the person accused previously requested an advisory opinion of the Commission and acted on such opinion in good faith, unless material facts were omitted or misstated by the person requesting the opinion. Such advisory opinion shall also be binding on the Commission in any subsequent charges concerning the person requesting the opinion. (10) Independent legal counsel shall be utilized to advise the Commission and participate in hearings. The Town Council shall annually designate and retain independent counsel who shall be a duly licensed attorney in the State of Texas. (11) The Commission shall have jurisdiction to review and make findings concerning any alleged violation of this article by any person subject to those provisions, if a complaint is filed within one year after the date of the alleged violation. The Commission may not consider any alleged violation that occurred before July 1, 2010 or more than one year before the date of the filing of a complaint. SECTION 8. DISPOSITION OF ALLEGED VIOLATIONS (1) A sworn complaint based on personal knowledge alleging a violation (s) of this article shall specify the provision (s) of this article alleged to have been violated, and shall name the Town official, candidate, appointee, or employee being charged. THE STATE OF TEXAS: COUNTY OF DENTON: TO: THE ETHICS REVIEW COMMISSION OF THE TOWN OF TROPHY CLUB, TEXAS: COMES NOW (complainant), and makes this complaint, UPON HIS/HER PERSONAL KNOWLEDGE AND UNDER OATH against (name of person complained against), and would show the Commission that: On or about the _______ day of ________________, ___,(insert date of the action, or omission, complained of) _____________________________________________, (name of person complained against) a/an (insert appropriate designation; Town official, candidate, appointee, Comment [Council3]: Deleted “or employee “ Town Council 203 of 252 Meeting Date: April 12, 2010Town Council 203 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Town Manager DRAFT 04-6-10 Rev 1 WCR Page 11 of 16 employee, board or commission member) of the Town of Trophy Club, Texas, violated the following provision(s) of Code of Ethics and Conduct Ordinance, Town of Trophy Club, Texas, to wit: (Specify by Section, Subsection and Paragraph number the provision(s) alleged violated.) by committing the following act, or omission, to wit: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ (Describe above, the action, or omission, alleged to violate each Code provision cited. You may attach additional pages if more space is required.) (2) Upon the aforesaid sworn complaint of any person being filed with the Town Secretary’s office, or on its own initiative, the Commission shall consider possible violations of this article by Town officials, candidates, and appointees. The Town Manager shall consider possible violations of this article by Town employees. A complaint shall not be deemed to be filed on the initiative of the Commission save and except the complaint be signed and sworn to by two (2) members of the Commission, one of which is the Chairman of the Commission, after consultation with the legal counsel of the Commission. A complaint filed by an individual member of the Commission shall be deemed to have been filed in the Commission member’s capacity as a private citizen and, in such event, the member of the Commission filing the complaint shall not thereafter participate in a Commission meeting at which such complaint is considered save and except that the Commissioner filing the complaint may participate as a complainant at such meeting. (3) A complaint alleging a violation of this article must be filed with the Town Secretary within one (1) year from the commission of the action alleged as a violation, and not afterward. (4) The Town Secretary shall, in writing, advise the person filing the complaint that falsely accusing someone of a violation of this article may result in criminal prosecution of anyone who knowingly makes a false accusation. The Town Secretary shall, in writing, advise the person charged in the complaint that falsely responding to a complaint may result in criminal prosecution of anyone who knowingly makes a false response. (5) Not later than three (3) working days after the Town Secretary receives a sworn complaint of violations of this article by Town officials, candidates, and appointees , the Town Secretary shall acknowledge the receipt of the complaint to the complainant, and provide a copy of the complaint to the Town Attorney, the independent counsel, the Commission and the person complained against. Not later than three (3) working days after the Town Secretary receives a sworn complaint of violations of this article by a Town employee, the Town Secretary shall acknowledge the receipt of the complaint to the complainant, and provide a copy of the complaint to the Town Attorney, the Town Manager, and the person complained against. Not later than ten (10) working days after receipt of a complaint, the Commission shall notify in writing the person who made the complaint and the person complained against of a date for a preliminary hearing. If the Commission does not hold a preliminary hearing within twenty (20) working days of receipt of the complaint, it shall notify the person who made the complaint of the reasons for the delay and shall subsequently give him the appropriate notification. Comment [Council4]: Delete “appointees and employees” Comment [Council5]: Added “The Town Manager shall consider possible violations of this article by Town employees.” Comment [Council6]: Delete “appointees and employees” Comment [Council7]: Added “violations of this article by Town officials, candidates, and appointees” Comment [Council8]: Added “Not later than three (3) working days after the Town Secretary receives a sworn complaint of violations of this article by a Town employee, the Town Secretary shall acknowledge the receipt of the complaint to the complainant, and provide a copy of the complaint to the Town Attorney, the Town Manager, and the person complained against.” Town Council 204 of 252 Meeting Date: April 12, 2010Town Council 204 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Town Manager DRAFT 04-6-10 Rev 1 WCR Page 12 of 16 (6) The Commission may consider possible violations of this article on its own initiative. Within seven (7) days of the Commission’s decision to consider a possible violation of this article, the Commission shall draft a written complaint specifying the provision(s) of this article alleged to have been violated and shall file a copy with the Town Secretary, and provide a copy to the Town Attorney, the independent counsel, and the person complained against. Not later than fifteen (15) days after the drafting of the complaint, the Commission shall notify in writing the person complained against of the date for the preliminary hearing. (7) After a complaint has been filed and during the pendency of a complaint before the Commission, a member of the Commission may not communicate directly or indirectly with any party or person about any issue of fact or law regarding the complaint, except at a meeting of the Commission; provided that a member may consult with the attorney or the staff liaison for the Commission as to process, procedure and legal issues. (8) No Town official or employee shall reveal information relating to the filing or processing of a complaint, except as required for the performance of official duties or as required by law. Ex parte communications by or to members of the Commission are prohibited. All papers and communications relating to a complaint must be treated as confidential unless required to be made public under the Public Information Act of the Texas Government Code or other applicable law. (9) As soon as reasonably possible, but in no event more than sixty (60) days after receiving a complaint, the Commission shall conduct a preliminary hearing. (a) The issue at a preliminary hearing shall be the existence of reasonable grounds to believe that a violation of this article has occurred. The person filing a complaint, or the independent counsel in cases considered upon the Commission’s own initiative, shall state the alleged violation and shall describe in narrative form the testimony and other evidence which would be presented to prove the alleged violation as stated in the written complaint. Statements at a preliminary hearing shall be under oath, but there shall be no cross examination or requests for persons or evidence issued for the hearing. Members of the Commission may question the complainant, the independent counsel for the Commission, or the Town official, or appointee named in the complaint. (b) The Town official, or appointee named in the complaint shall have the opportunity to respond, but is not required to attend or make any statement. The Town official, or appointee may describe in narrative form the testimony and other evidence which would be presented to disprove the alleged violation. If the Town official, or appointee agrees that a violation has occurred, he may so state and the Commission may consider the appropriate sanction. (c) The complainant and the Town official, or appointee named in the complaint shall have the right of representation by counsel. (d) At the conclusion of the preliminary hearing, the Commission shall decide whether a final hearing should be held; provided the Commission may proceed to determine the appropriate sanction if the charged Town official, or appointee Comment [Council9]: Changed from “appointee or employee” Comment [Council10]: Changed from “appointee or employee” Comment [Council11]: Changed from “appointee or employee” Comment [Council12]: Changed from “appointee or employee” Comment [Council13]: Changed from “appointee or employee” Comment [Council14]: Changed from “appointee or employee” Town Council 205 of 252 Meeting Date: April 12, 2010Town Council 205 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Town Manager DRAFT 04-6-10 Rev 1 WCR Page 13 of 16 does not object and admits the charged violation, and the Commission determines that there are no fact issues to be resolved. If the Commission determines that there are reasonable grounds to believe that a violation of this article has occurred, it shall schedule a final hearing. If the Commission does not determine that there are reasonable grounds to believe that a violation of this article has occurred, the complaint shall be automatically dismissed. A decision to conduct a final hearing is not a finding that a violation has occurred. (e) The Commission, at any time during the preliminary hearing, may also dismiss a complaint if the complaint does not allege conduct which would be a violation of this article. Before a complaint is dismissed for failure to allege a violation, the complainant shall be permitted one opportunity, within ten (10) days of such preliminary hearing, to revise and resubmit the complaint. (f) The complainant, the independent counsel, and the Town official, or appointee named in the complaint may ask the Commission at a preliminary hearing to request certain persons and evidence for a final hearing, if one is scheduled. (10) Final Hearing (a) The final hearing shall be held as expeditiously as possible following the determination by the Commission that there are reasonable grounds to believe that a violation of this article has occurred, but in no event shall it be held more than thirty (30) days after said determination. The Commission may grant two (2) postponements, not to exceed fifteen (15) days each, upon the request of the Town official, or appointee named in the complaint. (b) The issue at a final hearing shall be whether a violation of this article has occurred. The Commission shall make its determination based on clear and convincing evidence in the record. All witnesses shall make their statements under oath. If the Commission determines that a violation has occurred, it shall state its findings in writing, shall identify the particular provision(s) of this article which have been violated, and within five (5) working days shall deliver a copy of the findings to the complainant, if any, the person named in the complaint and the Town Secretary. (c) If a complaint proceeds to a final hearing, the Commission may request and subpoena witnesses to attend and testify, administer oaths and affirmations, take evidence and request the production of books, papers, records, or other evidence needed for the performance of the Commission's duties or exercise of its powers, including its duties and powers of investigation. It shall be a violation of this article for a person to fail to appear and testify before the Commission in response to a request made in writing ten days or more prior to the scheduled time and date of the notice or request to appear. (11) Sanctions (a) If the Commission determines that a violation of this article has occurred, it shall proceed directly to determination of the appropriate sanction(s). A violation of this article shall not be subject to criminal penalties under the Town Code, Comment [Council15]: Changed from “appointee or employee” Comment [Council16]: Changed from “appointee or employee” Town Council 206 of 252 Meeting Date: April 12, 2010Town Council 206 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Town Manager DRAFT 04-6-10 Rev 1 WCR Page 14 of 16 except for the two instances specifically provided for in this article Section 8 (10)(c) and Section 11. The Commission may receive additional testimony or statements before considering sanctions, but is not required to do so. If the Town official, or appointee named in the complaint acted in reliance upon a written opinion of the Town Attorney, the Commission shall consider that fact. (b) If the Commission determines that a violation of this article has occurred, it shall refer the matter to the Town Council. (c) When referring a matter under Subsection (b), the Commission may impose or recommend the following sanctions: (1) Letter of notification. A letter of notification may be recommended when the commission finds that a violation of this article was clearly unintentional or when the action or conduct found to have been a violation of this article was performed by the official or appointee in reliance on a public written opinion of the Town Attorney. A letter of notification must advise the official or appointee to whom the letter is directed of any steps to be taken to avoid future violations. (2) Letter of admonition. A letter of admonition may be recommended when the commission finds that the violation of this article was minor and/or may have been unintentional, but where the circumstances call for a more substantial response than a letter of notification. (3) Reprimand. A reprimand may be recommended when the commission finds that a violation of this article was committed intentionally or through disregard of this article. A letter of reprimand directed to an elected Town official shall also be transmitted to the Town Secretary and published in the official newspaper of the Town. (4) Removal or suspension from employment. A recommendation of removal from employment or a recommendation of suspension from employment, as well as a recommendation for length of suspension, shall be the appropriate sanction when the Commission finds that a serious or repeated violation(s) of this article has been committed intentionally or through culpable disregard of this article. (5) Censure, recall or removal from office. A letter of censure, a recommendation of recall, or a recommendation to institute proceedings for removal from office, shall be the appropriate sanction when the Commission finds that a serious or repeated violation(s) of this article has been committed intentionally or through culpable disregard of this article by an elected Town official. A letter of censure, a recommendation of recall, or a recommendation to institute proceedings for removal from office, directed to an elected Town official shall also be transmitted to the Town Secretary and published in the official newspaper of the Town. The Town Council and citizens of the Town may take actions in accordance with the Town Charter. Any proceedings for removal from office shall be in compliance with provisions of the Town Charter and State law. Comment [Council17]: Corrected from (8) to (10) Aligns with section 12 Comment [Council18]: Changed from “or appointee or Town employee” Comment [Council19]: Deleted after shall “take the following actions: (1) If the complaint involved a current employee under the jurisdiction of the Town Manager, the matter will be referred to the Town Manager (2) If the complaint involved the Town Manager, Town Attorney, Town Secretary, or a Judge of the Municipal Court, the matter will be referred to the Town Council. (3) If the complaint involved a Town Council member, a board or commission member, a former Town official, or a former Town employee, the matter will be referred to the Town Council. Added after shall “refer the matter to the Town Council” Comment [Council20]: Changed from “employee” Comment [Council21]: Changed from “employee” Comment [Council22]: Following article. Deleted “A reprimand directed to an employee shall be included in said employee’s personnel file. The Town Manager may also elect to discipline the employee in accordance with Town personnel rules and procedures.” Comment [Council23]: Following article, added (.) and deleted “by Town employees. The final authority to carry out such recommendations to suspend from employment and the length of suspension shall be with the Town Manager. The Town Manager may also elect to discipline the employee in accordance with Town personnel rules and procedures.” Town Council 207 of 252 Meeting Date: April 12, 2010Town Council 207 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Town Manager DRAFT 04-6-10 Rev 1 WCR Page 15 of 16 (12) Dismissal. If the complaint is dismissed because the evidence failed to establish a violation of this article, the Commission shall not entertain any other similar complaint based on substantially the same evidence. SECTION 9. PETITION FOR DECLARATORY RULING. Any Town official or appointee against whom public allegations of ethics violations have been made in the media or elsewhere has the right to file a sworn statement with the Town Secretary affirming their innocence, and to request the Commission to review the allegations and make known its findings. Any Town employee against whom public allegations of ethics violations have been made in the media or elsewhere has the right to file a sworn statement with the Town Secretary affirming their innocence, and to request the Town Manager to review the allegations and make known the findings. SECTION 10. CULPABLE MENTAL STATE. To commit a violation under any provision of this article, a person must have acted or failed to act knowingly or with knowledge. SECTION 11. FALSE COMPLAINTS In the event a complaint is received by the Commission or Town Manager that is subsequently found to be baseless, and the Commission or Town Manager deems that the complaint was filed with the intent to: (a) harass the person named in the complaint; or (b) damage any person's reputation; or (c) benefit the person filing the complaint, or a third party, either personally, professionally or politically; or (d) damage a related third party; the Commission or Town Manager may recommend the Town Attorney cause a complaint to be filed against such person in the municipal court or, as appropriate, a higher court of this state; the Town Council or Town Manager, as appropriate, may take disciplinary action(s) against the individual who filed the complaint, including but not limited to disciplinary action if such complainant is a Town employee or appointed officer or official of the Town; and/or the filing of a civil action to recover the costs, fees, charges and expenses incurred by the Town and person named in the complaint with respect to such complaint. The Commission may also recommend other action(s) that should be taken. SECTION 12. PENALTIES Comment [Council24]: Changed from “employee” Comment [Council25]: Added “Any Town employee against whom public allegations of ethics violations have been made in the media or elsewhere has the right to file a sworn statement with the Town Secretary affirming their innocence, and to request the Town Manager to review the allegations and make known the findings.” Comment [Council26]: Added “or Town Manager” Comment [Council27]: Added “or Town Manager” Comment [Council28]: Added “or Town Manager” Comment [Council29]: Added “may” Town Council 208 of 252 Meeting Date: April 12, 2010Town Council 208 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Town Manager DRAFT 04-6-10 Rev 1 WCR Page 16 of 16 (1) Any person who shall violate Section 8 (10) (c) or Section 11 of this article shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $500.00. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein. (2) Any person who knowingly files a false sworn statement under this article is subject to criminal prosecution for perjury under the laws of the State of Texas. SECTION 13. CODE OF ORDINANCES. The Code of Ordinances of the Town is hereby amended to include the terms and provisions of this Ordinance. All ordinances, parts of ordinances and the Code of Ordinances in conflict herewith are hereby amended to the extent of such conflict only. If a provision of this Ordinance and any other ordinance shall conflict, the terms of this Ordinance shall govern and control and the other ordinance or Code provision shall be read and construed in a manner consistent with the intent and provisions of this Ordinance. SECTION 14. 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. SECTION 15. EFFECTIVE DATE. This Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Texas Local Government Code, and it is accordingly so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this XXX day of XXXXXX, 2010. Mayor, Connie White Town of Trophy Club, Texas [SEAL] ATTEST: Town Council 209 of 252 Meeting Date: April 12, 2010Town Council 209 of 252 Meeting Date: April 12, 2010 DRAFT DRAFT 03-18-10 Rev 3 WCR Page 1 of 16 TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2010 - AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING AN ETHICS POLICY; DEFINING CERTAIN TERMS; PROVIDING FOR STANDARDS OF CONDUCT; PROVIDING FOR CERTAIN FINANCIAL DISCLOSURES; ESTABLISHING AN ETHICS COMMISSION; PROVIDING FOR DISPOSITION OF ALLEGED VIOLATIONS; AMENDING THE CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE AND SAVINGS CLAUSE; AND PROVIDING FOR RELATED MATTERS. WHEREAS, the Town of Trophy Club, Texas is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, at a Special Election held in accordance with Ordinance 2009-07, within the Town of Trophy Club, Texas, on the 9th day of May, 2009, more than a majority of the duly qualified resident electors of the Town of Trophy Club, voting in the Special Election, voted in favor of the approval and adoption of various amendments to the Home Rule Charter for the Town of Trophy Club, Texas; and WHEREAS, on the 18th day of May, 2009, the Town Council of the Town of Trophy Club adopted Ordinance 2009-12 canvassing the returns of the Special Election and declaring that the Charter had been so amended in accordance with the official results of the Special Election and the Order of the Special Election, and thereby approved and adopted amendments to the Home-Rule Charter of the Town of Trophy Club; and WHEREAS, a Code of Ethics and Conduct, and an Ethics Commission amendment were included in Ordinance 2009-07 and Ordinance 2009-12; and WHEREAS, the Code of Ethics and Conduct, and Ethics Commission amendment requires an ethics and conduct ordinance be adopted by the Town Council; and WHEREAS, the Code of Ethics and Conduct, and Ethics Commission amendment requires an ethics and conduct ordinance be applicable to elected officers, appointed board, commission, and committee members, and employees of the Town; and WHEREAS, the Code of Ethics and Conduct, and Ethics Commission amendment requires establishment of an independent Ethics Commission; and WHEREAS, statutory provisions governing the ethical conduct of public officials and employees are found in various codes including the Texas Local Government Code, Texas Government Code and the Texas Penal Code; and WHEREAS, the conduct of the public business should be accomplished by Town Officials, appointees and employees that have no personal financial interest in such business clearly separate from that of the general public; and WHEREAS, it is important that Town Officials, appointees and employees be provided with a process and procedure to give notice and to then refrain from participation in any Town Council 210 of 252 Meeting Date: April 12, 2010Town Council 210 of 252 Meeting Date: April 12, 2010 DRAFT DRAFT 03-18-10 Rev 3 WCR Page 2 of 16 specific business of the Town in which such Official has a personal financial interest different from that of the general public; and WHEREAS, a reasonable ethics ordinance with disclosure requirements will provide a basis for continuing public confidence in the conduct of the business and affairs of the Town; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: CODE OF ETHICS AND CONDUCT SECTION 1. POLICY (1) It is the policy of the Town that the proper operation of democratic government requires that Town officials, appointees and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government in recognition of these goals, a code of ethics and conduct for all Town officials, appointees and employees is adopted. (2) This code of ethics has four purposes: (a) to encourage high ethical standards in official conduct by Town officials, appointees and employees; (b) to establish guidelines for ethical standards of conduct for all such officials, appointees and employees by setting forth those acts or actions that are incompatible with the best interests of the Town; (c) to require disclosure by such officials, candidates, appointees and employees of private financial or other interests in matters affecting the Town; and (d) to serve as a basis for disciplining those who fail to abide by its terms. (3) The provisions of this article shall not apply to political contributions, loans, expenditures, reports or regulation of political campaigns, or the conduct of candidates in such campaigns, except as expressly provided herein. SECTION 2. PRINCIPLES OF CONDUCT (1) The Town Council further believes that an elected or appointed Town official assumes a public trust and should recognize the importance of high ethical standards within the organization they lead or support. Essential values and ethical behaviors that an elected or appointed official should exemplify include the following: (a) Commitment beyond self. (b) Obedience and commitment beyond the law. (c) Commitment to the public good. Town Council 211 of 252 Meeting Date: April 12, 2010Town Council 211 of 252 Meeting Date: April 12, 2010 DRAFT DRAFT 03-18-10 Rev 3 WCR Page 3 of 16 (d) Respect for the value and dignity of all individuals. (e) Accountability to the public. (f) Truthfulness. (g) Fairness. (h) Responsible application of resources. (2) In keeping with the values set forth in subsection (1) of this section and to assist in the fulfillment of responsibilities to the individuals and communities served, each elected or appointed official should: (a) Conduct himself and operate with integrity and in a manner that merits the trust and support of the public. (b) Uphold all applicable laws and regulations, going beyond the letter of the law to protect and/or enhance the Town's ability to accomplish its mission. (c) Treat others with respect, doing for and to others what the official would have done for and to himself in similar circumstances. (d) Be a responsible steward of the taxpayer resources. (e) Take no actions that could benefit the official personally at the unwarranted expense of the Town, avoiding even the appearance of a conflict of interest, and exercise prudence and good judgment at all times. (f) Carefully consider the public perception of personal and professional actions and the effect such actions could have, positively or negatively, on the Town's reputation both in the community and elsewhere. (g) Strive for personal and professional growth to improve effectiveness as an elected or appointed official. (3) Interpretation. Section 2 is a statement of purpose and principles only. Nothing in this section may be used to create a cause of action against an official or employee under this article. SECTION 3. DEFINITIONS Appears Before. A person appears before the Town Council, board or commission when such person publicly states his name and address, signs a sheet provided for that purpose, and addresses the Council, board or commission. Town Council 212 of 252 Meeting Date: April 12, 2010Town Council 212 of 252 Meeting Date: April 12, 2010 DRAFT DRAFT 03-18-10 Rev 3 WCR Page 4 of 16 Appointee. Persons appointed or confirmed by the Mayor or Town Council; provided however for the purposes of this definition, the term “appointee” does not include Municipal Judges. Business Entity. Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, or any legal entity organized for profit. Business Dealings. Any activity involving the exchange of economic benefits. Candidate. Every person who declares for or files for any office of the Town to be filled by election. Compensation. Any economic benefit received in return for labor, services, property, or investment. Economic Benefit. Any money, real or personal property, purchase, sale, lease, contract, option, credit, loan, discount, service, or other tangible or intangible thing of value, whether similar or dissimilar to those enumerated. Employee. Any person employed by the Town whether under civil service regulations or not, including those individuals on a part-time basis, but such term shall not be extended to apply to any independent contractor. Family Member. The spouse, parent or child, and the parents of a spouse of a Town official, appointee, or Town employee. Gift. A favor, hospitality, or economic benefit other than compensation but which does not include campaign contributions reported as required by State law, gifts received from a relative if given on account of kinship, or any value received by will, intestate succession, or as a distribution from an inter vivo or testamentary trust established by a spouse or ancestor. Identification. For a natural person, the person’s name, street address, city and state; for any entity other than a natural person, the name, address, city and state of the entity’s principal location or place of business, the type or nature of the entity, the date on which it came into existence, the state of incorporation, if any, and the names of the partners or trustees, if any. Income. Economic benefit received. Intentionally. A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. Town Council 213 of 252 Meeting Date: April 12, 2010Town Council 213 of 252 Meeting Date: April 12, 2010 DRAFT DRAFT 03-18-10 Rev 3 WCR Page 5 of 16 Pecuniary Gain. Any use, benefit or thing of value that can be valued in money. Source of Income. Any business entity, employment, investment, or activity which earned or produced income, including interest, dividends, royalties or rents, which has been paid to or for the credit of a Town official, candidate or family member or which would be taxable to said Town official, candidate or family member under the United States Internal Revenue Code, as amended, even though not actually paid or credited. Substantial Interest. A person has a substantial interest in a business entity if he and/or a family member (a) owns ten percent (10%) or more of the voting stock or shares of the business entity; (b) owns ten percent (10%) or more or $15,000 or more of the fair market value of the business entity; or (c) funds received from the business entity exceed ten percent (10%) or more of the person’s gross income for the previous year. A person has a substantial interest in real property if he, his parent or child, or if married his spouse or his spouse’s parent, controls or has an interest in the property and the interest has a market value of $2,500.00 or more. Town Official. The Mayor, every member of the Town Council, candidates, the Town Manager, the Assistant Town Manager, the Town Attorney, the Town Secretary, Judges of the Municipal Court, the Police Chief, the Fire Chief, the Finance Director, the Information Services Director, the Parks and Recreation Director, the Human Resources Director, the Streets Superintendent, the Planning and Zoning Coordinator and persons acting in the capacity of the aforementioned Town officials, appointees, or employees. SECTION 4. STANDARDS OF CONDUCT (1) Gifts No Town official, appointee, or employee shall intentionally or knowingly accept or solicit any gift, benefit, favor, service or thing of value, such that it might reasonably tend to influence the judgment or discretion of the officer or employee; or that the officer or employee knows or should know is being offered with the reasonable intent to influence the officer's or employee's judgment or discretion; or given in consideration of the favorable exercise of such employee or official’s judgment or discretion in the past. (2) General Provisions (a) No Town official, appointee, or employee shall intentionally or knowingly disclose any confidential information gained by reason of said official or employee’s position concerning the property, operations, policies or affairs of the Town, or use such confidential information for the pecuniary gain of said official, employee, or others. (b) No Town official, appointee, or employee shall use, request, or permit the use of Town facilities, personnel, equipment, or supplies for private purposes (including political purposes), except: Town Council 214 of 252 Meeting Date: April 12, 2010Town Council 214 of 252 Meeting Date: April 12, 2010 DRAFT DRAFT 03-18-10 Rev 3 WCR Page 6 of 16 (1) pursuant to duly adopted Town policies; or (2) to the extent and according to the terms that those resources are generally available to the public. (c) Except as otherwise specifically authorized by ordinance, no Town official or appointee shall intentionally or knowingly appear before the body of which the official is a member while representing himself, or any other person, group, association, interest, or business entity. (d) No Town official, appointee or employee shall intentionally or knowingly represent directly or indirectly any private person, group, or interest other than himself or a family member before any department, agency, commission or board of the Town for economic benefit or pecuniary gain. (e) No Town official, appointee, or employee shall vote on or participate in any decision making process if the official or employee has a direct financial interest in the outcome of the matter under consideration. No Town official, appointee, or employee shall vote on or participate in any decision making process on any matter concerning real property or a business entity if the Town official, appointee, or employee has a substantial interest in the business entity or real property. (f) No Town official, appointee or employee shall intentionally or knowingly accept other employment or engage in outside activities incompatible with the full and proper discharge of official duties and responsibilities, or which would tend to impair independent judgment in the performance of said official duties. (g) None of the foregoing shall be construed to prohibit any Town official, appointee, or employee from representing his interest in his owner occupied homestead before the Council, board, commission or any department except for the body of which the official is a member, or the department by which the employee is employed. (h) In any action or proceeding in the municipal court of the Town which was instituted by a Town official or employee in the course of official duties, no Town official shall knowingly represent anyone other than himself or a family member. If a Council member elects to have a trial in municipal court, the Town Council, without the participation of the affected council member, shall appoint a special judge to preside over the trial. (i) No Town official shall act as a surety for any person or business entity that has any contract with the Town, or on any bond required by the Town for any Town official or employee. SECTION 5. DISCLOSURE OF INTEREST (1) If any Town official or appointee has a substantial interest in any real property or business entity involved in any decision pending before the body of which the Town Town Council 215 of 252 Meeting Date: April 12, 2010Town Council 215 of 252 Meeting Date: April 12, 2010 DRAFT DRAFT 03-18-10 Rev 3 WCR Page 7 of 16 official or appointee is a member, the Town official or appointee shall not vote or otherwise participate in the consideration of the matter. (2) If any employee has a substantial interest in any real property or business entity involved in any decision pending before the department by which the employee is employed, the employee shall not participate in the consideration of the matter. (3) In the case of a Town official or appointee, the Town official or appointee shall publicly disclose, verbally or in writing, the nature and extent of such interest to the body on which the Town official or appointee serves prior to any discussion or determination of the matter to be considered or immediately upon discovery of the conflict of interest. The statement of disclosure shall be included in the official minutes of the body. (4) In the case of an employee, the employee shall disclose such information in writing to the employee’s supervisor and to the Town Secretary prior to any consideration of the matter. The Town Secretary shall keep a file of employee statements of disclosure and said file shall be a public record of the Town. SECTION 6. FINANCIAL DISCLOSURE (1) No later than April 30th of each year, each Town official shall file a sworn financial disclosure statement with the Town Secretary reflecting the financial situation of the Town official as of December 31st of the previous year. Notwithstanding any other term or provision of this Article, as used in this section: (a) the term “family member” shall include only the Town official, and the spouse and the minor children of the Town official; (b) the term “substantial interest” shall include only the interests of the Town official, the spouse and minor children of the Town official; and (c) the annual financial disclosure statement shall not include the assets or property of any person other than those of the Town official, the spouse and minor children of the Town official. (2) A newly employed or appointed Town official shall file a sworn financial disclosure statement with the Town Secretary within thirty (30) days from the date the position with the Town is assumed. Said statement shall reflect the financial situation as of date of employment or appointment and for the previous twelve (12) months, provided, however, such Town official shall not be required to include in such statement the requirements of paragraphs (4) (f), (g), and (h) of this section. (3) Each candidate shall file a sworn financial disclosure statement with the Town Secretary within fifteen (15) days of filing for office, reflecting the financial situation of the candidate as of December 31st of the year previous to the election date. (4) Each person required to file a financial disclosure statement shall do so on a form supplied by the Town which shall include the following information: Town Council 216 of 252 Meeting Date: April 12, 2010Town Council 216 of 252 Meeting Date: April 12, 2010 DRAFT DRAFT 03-18-10 Rev 3 WCR Page 8 of 16 (a) The person’s name, residence address, business address, telephone number, name of all family members and all names under which the person or family member does business. (b) Identification by street address, and legal description of all real property located within the Town or its extraterritorial jurisdiction in which the person has a substantial interest. (c) Identification of each business entity owning property or doing business within the Town or its extraterritorial jurisdiction in which the person has a substantial interest. (d) Identification of each person or business entity to whom the person or family member owed a debt of ten thousand dollars ($10,000) or more during the reporting period, but not including debts owed to persons related within the second degree of consanguinity or affinity, or revolving charge accounts, and excluding loans to a political campaign which were reported as required by law; if repaid during the reporting period the date of repayment shall be stated. (e) Identification of each source of income amounting to ten (10) percent or more of the person’s or family member’s gross annual income as defined by the United States Internal Revenue Code. (f) Identification of the donor of each gift of more than one hundred fifty dollars ($150.00) in value received by the person or family member, including the value of the gift, where such donor has appeared before and requested action of the Town Council during the reporting period. (g) Identification of the donor of two or more gifts of an accumulated value of six hundred dollars ($600.00) or more received by the person or family member, where such donor has appeared before and requested action of the Town Council during the reporting period. (h) Identification of all individuals or business entities that: (i) he or a business entity in which he has a substantial interest has had business dealings involving one or more transactions of five hundred dollars ($500.00) or more each, for a total of twenty-five hundred dollars ($2,500) or more, and (ii) have appeared before and requested action of the Town Council during the reporting period. (5) The Town Secretary shall maintain all financial disclosure statements required to be filed herein as public records and retain them for a period of three (3) years after which statements shall be returned to the person filing them or be destroyed. Town Council 217 of 252 Meeting Date: April 12, 2010Town Council 217 of 252 Meeting Date: April 12, 2010 DRAFT DRAFT 03-18-10 Rev 3 WCR Page 9 of 16 (6) A Town official, appointee, or employee shall immediately and publicly identify either verbally on the record or in writing, all individuals or business entities that: (a) he or a business entity in which he has a substantial interest or has had business dealings involving one or more transactions of five hundred dollars ($500.00) or more each, for a total of twenty-five hundred dollars ($2,500) or more within the immediately preceding twelve (12) month period, and (b) appeared before and requested some action of the Town Council, board or commission of which such reporting person is an advisor or member. (7) Within thirty (30) days of being appointed to the Planning and Zoning Commission and on each anniversary of that date, each member of such Commission shall file with the Town Secretary a sworn statement identifying by street address and legal description all real property located within the Town or its extraterritorial jurisdiction in which the member has a substantial interest. SECTION 7. ETHICS REVIEW COMMISSION (1) An Ethics Review Commission (Commission) is hereby established to be composed of seven (7) members, all of whom shall reside in the Town. (2) Each Commission member shall be appointed by the Town Council and shall occupy a position on the Commission, such positions being numbered 1 through 7. (3) The Commission members shall be appointed to three year staggered terms. Positions 1 and 2 shall serve an implementation term which shall expire on September 30 of 2011. Positions 3 and 4 shall serve an implementation term which shall expire on September 30 of 2012. Positions 5, 6, and 7 shall serve an implementation term which shall expire on September 30 of 2013. After each such implementation term expires, the term of office for each position shall be three years. No member shall serve for more than two (2) consecutive full terms. Implementation terms shall not be counted as full terms. (4) All vacancies shall be filled for the unexpired term. A member shall hold office until his successor has been appointed by the Town Council and shall continue to hold office after his successor has been appointed by the Town Council for the limited purpose of the disposition of all complaints filed during that member's term. No member may participate in a decision regarding a complaint initiated prior to the expiration of the previous member’s term, but new members shall assume the duties of office with respect to all complainants initiated after the previous member's term. (5) The Commission shall elect a chairman and a vice-chairman to one (1) year terms. The vice-chairman shall act as chairman in the absence of the chairman. (6) Four (4) or more members of the Commission shall constitute a quorum, but no action of the Commission shall be of any force or effect unless it is adopted by the favorable vote of four (4) or more members. Town Council 218 of 252 Meeting Date: April 12, 2010Town Council 218 of 252 Meeting Date: April 12, 2010 DRAFT DRAFT 03-18-10 Rev 3 WCR Page 10 of 16 (7) The Commission shall meet at least once a year to review this article and may make recommendations to the Town Council for amendments hereto. (8) The Commission shall render advisory opinions on potential conflicts of interest or violation of this article at the request of a Town official, member of a Town board or commission, or employee subject to the terms of this article. Such advisory opinion shall be rendered within a reasonable time, but in no event later than thirty (30) days after a request is received by the Commission. (9) It shall be a defense to an alleged violation of this article that the person accused previously requested an advisory opinion of the Commission and acted on such opinion in good faith, unless material facts were omitted or misstated by the person requesting the opinion. Such advisory opinion shall also be binding on the Commission in any subsequent charges concerning the person requesting the opinion. (10) Independent legal counsel shall be utilized to advise the Commission and participate in hearings. The Town Council shall annually designate and retain independent counsel who shall be a duly licensed attorney in the State of Texas. (11) The Commission shall have jurisdiction to review and make findings concerning any alleged violation of this article by any person subject to those provisions, if a complaint is filed within one year after the date of the alleged violation. The Commission may not consider any alleged violation that occurred before July 1, 2010 or more than one year before the date of the filing of a complaint. SECTION 8. DISPOSITION OF ALLEGED VIOLATIONS (1) A sworn complaint based on personal knowledge alleging a violation (s) of this article shall specify the provision (s) of this article alleged to have been violated, and shall name the Town official, candidate, appointee, or employee being charged. THE STATE OF TEXAS: COUNTY OF DENTON: TO: THE ETHICS REVIEW COMMISSION OF THE TOWN OF TROPHY CLUB, TEXAS: COMES NOW (complainant), and makes this complaint, UPON HIS/HER PERSONAL KNOWLEDGE AND UNDER OATH against (name of person complained against), and would show the Commission that: On or about the _______ day of ________________, ___,(insert date of the action, or omission, complained of) _____________________________________________, (name of person complained against) a/an (insert appropriate designation; Town official, candidate, appointee, employee, board or commission member) of the Town of Trophy Club, Texas, violated the following provision(s) of Code of Ethics and Conduct Ordinance, Town of Trophy Club, Texas, to wit: (Specify by Section, Subsection and Paragraph number the provision(s) alleged violated.) by committing the following act, or omission, to wit: ______________________________________________________________________ ______________________________________________________________________ Town Council 219 of 252 Meeting Date: April 12, 2010Town Council 219 of 252 Meeting Date: April 12, 2010 DRAFT DRAFT 03-18-10 Rev 3 WCR Page 11 of 16 ______________________________________________________________________ ______________________________________________________________________ (Describe above, the action, or omission, alleged to violate each Code provision cited. You may attach additional pages if more space is required.) (2) Upon the aforesaid sworn complaint of any person being filed with the Town Secretary’s office, or on its own initiative, the Commission shall consider possible violations of this article by Town officials, candidates, appointees and employees. A complaint shall not be deemed to be filed on the initiative of the Commission save and except the complaint be signed and sworn to by two (2) members of the Commission, one of which is the Chairman of the Commission, after consultation with the legal counsel of the Commission. A complaint filed by an individual member of the Commission shall be deemed to have been filed in the Commission member’s capacity as a private citizen and, in such event, the member of the Commission filing the complaint shall not thereafter participate in a Commission meeting at which such complaint is considered save and except that the Commissioner filing the complaint may participate as a complainant at such meeting. (3) A complaint alleging a violation of this article must be filed with the Town Secretary within one (1) year from the commission of the action alleged as a violation, and not afterward. (4) The Town Secretary shall, in writing, advise the person filing the complaint that falsely accusing someone of a violation of this article may result in criminal prosecution of anyone who knowingly makes a false accusation. The Town Secretary shall, in writing, advise the person charged in the complaint that falsely responding to a complaint may result in criminal prosecution of anyone who knowingly makes a false response. (5) Not later than three (3) working days after the Town Secretary receives a sworn complaint, the Town Secretary shall acknowledge the receipt of the complaint to the complainant, and provide a copy of the complaint to the Town Attorney, the independent counsel, the Commission and the person complained against. Not later than ten (10) working days after receipt of a complaint, the Commission shall notify in writing the person who made the complaint and the person complained against of a date for a preliminary hearing. If the Commission does not hold a preliminary hearing within twenty (20) working days of receipt of the complaint, it shall notify the person who made the complaint of the reasons for the delay and shall subsequently give him the appropriate notification. (6) The Commission may consider possible violations of this article on its own initiative. Within seven (7) days of the Commission’s decision to consider a possible violation of this article, the Commission shall draft a written complaint specifying the provision(s) of this article alleged to have been violated and shall file a copy with the Town Secretary, and provide a copy to the Town Attorney, the independent counsel, and the person complained against. Not later than fifteen (15) days after the drafting of the complaint, the Commission shall notify in writing the person complained against of the date for the preliminary hearing. Town Council 220 of 252 Meeting Date: April 12, 2010Town Council 220 of 252 Meeting Date: April 12, 2010 DRAFT DRAFT 03-18-10 Rev 3 WCR Page 12 of 16 (7) After a complaint has been filed and during the pendency of a complaint before the Commission, a member of the Commission may not communicate directly or indirectly with any party or person about any issue of fact or law regarding the complaint, except at a meeting of the Commission; provided that a member may consult with the attorney or the staff liaison for the Commission as to process, procedure and legal issues. (8) No Town official or employee shall reveal information relating to the filing or processing of a complaint, except as required for the performance of official duties or as required by law. Ex parte communications by or to members of the Commission are prohibited. All papers and communications relating to a complaint must be treated as confidential unless required to be made public under the Public Information Act of the Texas Government Code or other applicable law. (9) As soon as reasonably possible, but in no event more than sixty (60) days after receiving a complaint, the Commission shall conduct a preliminary hearing. (a) The issue at a preliminary hearing shall be the existence of reasonable grounds to believe that a violation of this article has occurred. The person filing a complaint, or the independent counsel in cases considered upon the Commission’s own initiative, shall state the alleged violation and shall describe in narrative form the testimony and other evidence which would be presented to prove the alleged violation as stated in the written complaint. Statements at a preliminary hearing shall be under oath, but there shall be no cross examination or requests for persons or evidence issued for the hearing. Members of the Commission may question the complainant, the independent counsel for the Commission, or the Town official, appointee or employee named in the complaint. (b) The Town official, appointee or employee named in the complaint shall have the opportunity to respond, but is not required to attend or make any statement. The Town official, appointee or employee may describe in narrative form the testimony and other evidence which would be presented to disprove the alleged violation. If the Town official, appointee or employee agrees that a violation has occurred, he may so state and the Commission may consider the appropriate sanction. (c) The complainant and the Town official, appointee or employee named in the complaint shall have the right of representation by counsel. (d) At the conclusion of the preliminary hearing, the Commission shall decide whether a final hearing should be held; provided the Commission may proceed to determine the appropriate sanction if the charged Town official, appointee, or employee does not object and admits the charged violation, and the Commission determines that there are no fact issues to be resolved. If the Commission determines that there are reasonable grounds to believe that a violation of this article has occurred, it shall schedule a final hearing. If the Commission does not determine that there are reasonable grounds to believe that a violation of this article has occurred, the complaint shall be automatically dismissed. A decision to conduct a final hearing is not a finding that a violation has occurred. Town Council 221 of 252 Meeting Date: April 12, 2010Town Council 221 of 252 Meeting Date: April 12, 2010 DRAFT DRAFT 03-18-10 Rev 3 WCR Page 13 of 16 (e) The Commission, at any time during the preliminary hearing, may also dismiss a complaint if the complaint does not allege conduct which would be a violation of this article. Before a complaint is dismissed for failure to allege a violation, the complainant shall be permitted one opportunity, within ten (10) days of such preliminary hearing, to revise and resubmit the complaint. (f) The complainant, the independent counsel, and the Town official, appointee or employee named in the complaint may ask the Commission at a preliminary hearing to request certain persons and evidence for a final hearing, if one is scheduled. (10) Final Hearing (a) The final hearing shall be held as expeditiously as possible following the determination by the Commission that there are reasonable grounds to believe that a violation of this article has occurred, but in no event shall it be held more than thirty (30) days after said determination. The Commission may grant two (2) postponements, not to exceed fifteen (15) days each, upon the request of the Town official, appointee or employee named in the complaint. (b) The issue at a final hearing shall be whether a violation of this article has occurred. The Commission shall make its determination based on clear and convincing evidence in the record. All witnesses shall make their statements under oath. If the Commission determines that a violation has occurred, it shall state its findings in writing, shall identify the particular provision(s) of this article which have been violated, and within five (5) working days shall deliver a copy of the findings to the complainant, if any, the person named in the complaint and the Town Secretary. (c) If a complaint proceeds to a final hearing, the Commission may request and subpoena witnesses to attend and testify, administer oaths and affirmations, take evidence and request the production of books, papers, records, or other evidence needed for the performance of the Commission's duties or exercise of its powers, including its duties and powers of investigation. It shall be a violation of this article for a person to fail to appear and testify before the Commission in response to a request made in writing ten days or more prior to the scheduled time and date of the notice or request to appear. (11) Sanctions (a) If the Commission determines that a violation of this article has occurred, it shall proceed directly to determination of the appropriate sanction(s). A violation of this article shall not be subject to criminal penalties under the Town Code, except for the two instances specifically provided for in this article Section 8 (10)(c) and Section 11. The Commission may receive additional testimony or statements before considering sanctions, but is not required to do so. If the Town official, appointee or Town employee named in the complaint acted in reliance upon a written opinion of the Town Attorney, the Commission shall consider that fact. Comment [Council1]: Corrected from (8) to (10) Aligns with section 12 Town Council 222 of 252 Meeting Date: April 12, 2010Town Council 222 of 252 Meeting Date: April 12, 2010 DRAFT DRAFT 03-18-10 Rev 3 WCR Page 14 of 16 (b) If the Commission determines that a violation of this article has occurred, it shall take the following actions: (1) If the complaint involved a current employee under the jurisdiction of the Town Manager, the matter will be referred to the Town Manager (2) If the complaint involved the Town Manager, Town Attorney, Town Secretary, or a Judge of the Municipal Court, the matter will be referred to the Town Council. (3) If the complaint involved a Town Council member, a board or commission member, a former Town official, or a former Town employee, the matter will be referred to the Town Council. (c) When referring a matter under Subsection (b), the Commission may impose or recommend the following sanctions: (1) Letter of notification. A letter of notification may be recommended when the commission finds that a violation of this article was clearly unintentional or when the action or conduct found to have been a violation of this article was performed by the official or employee in reliance on a public written opinion of the Town Attorney. A letter of notification must advise the official or employee to whom the letter is directed of any steps to be taken to avoid future violations. (2) Letter of admonition. A letter of admonition may be recommended when the commission finds that the violation of this article was minor and/or may have been unintentional, but where the circumstances call for a more substantial response than a letter of notification. (3) Reprimand. A reprimand may be recommended when the commission finds that a violation of this article was committed intentionally or through disregard of this article. A reprimand directed to an employee shall be included in said employee’s personnel file. The Town Manager may also elect to discipline the employee in accordance with Town personnel rules and procedures. A letter of reprimand directed to an elected Town official shall also be transmitted to the Town Secretary and published in the official newspaper of the Town. (4) Removal or suspension from employment. A recommendation of removal from employment or a recommendation of suspension from employment, as well as a recommendation for length of suspension, shall be the appropriate sanction when the Commission finds that a serious or repeated violation(s) of this article has been committed intentionally or through culpable disregard of this article by Town employees. The final authority to carry out such recommendations to suspend from employment and the length of suspension shall be with the Town Manager. The Town Manager may also elect to discipline the employee in accordance with Town personnel rules and procedures. Town Council 223 of 252 Meeting Date: April 12, 2010Town Council 223 of 252 Meeting Date: April 12, 2010 DRAFT DRAFT 03-18-10 Rev 3 WCR Page 15 of 16 (5) Censure, recall or removal from office. A letter of censure, a recommendation of recall, or a recommendation to institute proceedings for removal from office, shall be the appropriate sanction when the Commission finds that a serious or repeated violation(s) of this article has been committed intentionally or through culpable disregard of this article by an elected Town official. A letter of censure, a recommendation of recall, or a recommendation to institute proceedings for removal from office, directed to an elected Town official shall also be transmitted to the Town Secretary and published in the official newspaper of the Town. The Town Council and citizens of the Town may take actions in accordance with the Town Charter. Any proceedings for removal from office shall be in compliance with provisions of the Town Charter and State law. (12) Dismissal. If the complaint is dismissed because the evidence failed to establish a violation of this article, the Commission shall not entertain any other similar complaint based on substantially the same evidence. SECTION 9. PETITION FOR DECLARATORY RULING. Any Town official or employee against whom public allegations of ethics violations have been made in the media or elsewhere has the right to file a sworn statement with the Town Secretary affirming their innocence, and to request the Commission to review the allegations and make known its findings. SECTION 10. CULPABLE MENTAL STATE. To commit a violation under any provision of this article, a person must have acted or failed to act knowingly or with knowledge. SECTION 11. FALSE COMPLAINTS In the event a complaint is received by the Commission that is subsequently found to be baseless, and the Commission deems that the complaint was filed with the intent to: (a) harass the person named in the complaint; or (b) damage any person's reputation; or (c) benefit the person filing the complaint, or a third party, either personally, professionally or politically; or (d) damage a related third party; the Commission may recommend the Town Attorney cause a complaint to be filed against such person in the municipal court or, as appropriate, a higher court of this state; the Town Council or Town Manager, as appropriate, take disciplinary action(s) against the individual who filed the complaint, including but not limited to disciplinary action if such complainant is a Town employee or appointed officer or official of the Town; and/or the filing of a civil action to recover the costs, fees, charges and expenses incurred by Town Council 224 of 252 Meeting Date: April 12, 2010Town Council 224 of 252 Meeting Date: April 12, 2010 DRAFT DRAFT 03-18-10 Rev 3 WCR Page 16 of 16 the Town and person named in the complaint with respect to such complaint. The Commission may also recommend other action(s) that should be taken. SECTION 12. PENALTIES (1) Any person who shall violate Section 8 (10) (c) or Section 11 of this article shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $500.00. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein. (2) Any person who knowingly files a false sworn statement under this article is subject to criminal prosecution for perjury under the laws of the State of Texas. SECTION 13. CODE OF ORDINANCES. The Code of Ordinances of the Town is hereby amended to include the terms and provisions of this Ordinance. All ordinances, parts of ordinances and the Code of Ordinances in conflict herewith are hereby amended to the extent of such conflict only. If a provision of this Ordinance and any other ordinance shall conflict, the terms of this Ordinance shall govern and control and the other ordinance or Code provision shall be read and construed in a manner consistent with the intent and provisions of this Ordinance. SECTION 14. 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. SECTION 15. EFFECTIVE DATE. This Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Texas Local Government Code, and it is accordingly so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this XXX day of XXXXXX, 2010. Mayor, Connie White Town of Trophy Club, Texas [SEAL] ATTEST: Town Council 225 of 252 Meeting Date: April 12, 2010Town Council 225 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Ethics Commission DRAFT 04-06-10 Rev 4 WCR Page 1 of 16 TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2010 - AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING AN ETHICS POLICY; DEFINING CERTAIN TERMS; PROVIDING FOR STANDARDS OF CONDUCT; PROVIDING FOR CERTAIN FINANCIAL DISCLOSURES; ESTABLISHING AN ETHICS COMMISSION; PROVIDING FOR DISPOSITION OF ALLEGED VIOLATIONS; AMENDING THE CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE AND SAVINGS CLAUSE; AND PROVIDING FOR RELATED MATTERS. WHEREAS, the Town of Trophy Club, Texas is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, at a Special Election held in accordance with Ordinance 2009-07, within the Town of Trophy Club, Texas, on the 9th day of May, 2009, more than a majority of the duly qualified resident electors of the Town of Trophy Club, voting in the Special Election, voted in favor of the approval and adoption of various amendments to the Home Rule Charter for the Town of Trophy Club, Texas; and WHEREAS, on the 18th day of May, 2009, the Town Council of the Town of Trophy Club adopted Ordinance 2009-12 canvassing the returns of the Special Election and declaring that the Charter had been so amended in accordance with the official results of the Special Election and the Order of the Special Election, and thereby approved and adopted amendments to the Home-Rule Charter of the Town of Trophy Club; and WHEREAS, a Code of Ethics and Conduct, and an Ethics Commission amendment were included in Ordinance 2009-07 and Ordinance 2009-12; and WHEREAS, the Code of Ethics and Conduct, and Ethics Commission amendment requires an ethics and conduct ordinance be adopted by the Town Council; and WHEREAS, the Code of Ethics and Conduct, and Ethics Commission amendment requires an ethics and conduct ordinance be applicable to elected officers, appointed board, commission, and committee members, and employees of the Town; and WHEREAS, the Code of Ethics and Conduct, and Ethics Commission amendment requires establishment of an independent Ethics Commission; and WHEREAS, statutory provisions governing the ethical conduct of public officials and employees are found in various codes including the Texas Local Government Code, Texas Government Code and the Texas Penal Code; and WHEREAS, the conduct of the public business should be accomplished by Town Officials, appointees and employees that have no personal financial interest in such business clearly separate from that of the general public; and WHEREAS, it is important that Town Officials, appointees and employees be provided with a process and procedure to give notice and to then refrain from participation in any Comment [Council1]: This revision adds “may” in section 11 Town Council 226 of 252 Meeting Date: April 12, 2010Town Council 226 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Ethics Commission DRAFT 04-06-10 Rev 4 WCR Page 2 of 16 specific business of the Town in which such Official has a personal financial interest different from that of the general public; and WHEREAS, a reasonable ethics ordinance with disclosure requirements will provide a basis for continuing public confidence in the conduct of the business and affairs of the Town; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: CODE OF ETHICS AND CONDUCT SECTION 1. POLICY (1) It is the policy of the Town that the proper operation of democratic government requires that Town officials, appointees and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government in recognition of these goals, a code of ethics and conduct for all Town officials, appointees and employees is adopted. (2) This code of ethics has four purposes: (a) to encourage high ethical standards in official conduct by Town officials, appointees and employees; (b) to establish guidelines for ethical standards of conduct for all such officials, appointees and employees by setting forth those acts or actions that are incompatible with the best interests of the Town; (c) to require disclosure by such officials, candidates, appointees and employees of private financial or other interests in matters affecting the Town; and (d) to serve as a basis for disciplining those who fail to abide by its terms. (3) The provisions of this article shall not apply to political contributions, loans, expenditures, reports or regulation of political campaigns, or the conduct of candidates in such campaigns, except as expressly provided herein. SECTION 2. PRINCIPLES OF CONDUCT (1) The Town Council further believes that an elected or appointed Town official assumes a public trust and should recognize the importance of high ethical standards within the organization they lead or support. Essential values and ethical behaviors that an elected or appointed official should exemplify include the following: (a) Commitment beyond self. (b) Obedience and commitment beyond the law. (c) Commitment to the public good. Town Council 227 of 252 Meeting Date: April 12, 2010Town Council 227 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Ethics Commission DRAFT 04-06-10 Rev 4 WCR Page 3 of 16 (d) Respect for the value and dignity of all individuals. (e) Accountability to the public. (f) Truthfulness. (g) Fairness. (h) Responsible application of resources. (2) In keeping with the values set forth in subsection (1) of this section and to assist in the fulfillment of responsibilities to the individuals and communities served, each elected or appointed official should: (a) Conduct himself and operate with integrity and in a manner that merits the trust and support of the public. (b) Uphold all applicable laws and regulations, going beyond the letter of the law to protect and/or enhance the Town's ability to accomplish its mission. (c) Treat others with respect, doing for and to others what the official would have done for and to himself in similar circumstances. (d) Be a responsible steward of the taxpayer resources. (e) Take no actions that could benefit the official personally at the unwarranted expense of the Town, avoiding even the appearance of a conflict of interest, and exercise prudence and good judgment at all times. (f) Carefully consider the public perception of personal and professional actions and the effect such actions could have, positively or negatively, on the Town's reputation both in the community and elsewhere. (g) Strive for personal and professional growth to improve effectiveness as an elected or appointed official. (3) Interpretation. Section 2 is a statement of purpose and principles only. Nothing in this section may be used to create a cause of action against an official or employee under this article. SECTION 3. DEFINITIONS Appears Before. A person appears before the Town Council, board or commission when such person publicly states his name and address, signs a sheet provided for that purpose, and addresses the Council, board or commission. Town Council 228 of 252 Meeting Date: April 12, 2010Town Council 228 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Ethics Commission DRAFT 04-06-10 Rev 4 WCR Page 4 of 16 Appointee. Persons appointed or confirmed by the Mayor or Town Council; provided however for the purposes of this definition, the term “appointee” does not include Municipal Judges. Business Entity. Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, or any legal entity organized for profit. Business Dealings. Any activity involving the exchange of economic benefits. Candidate. Every person who declares for or files for any office of the Town to be filled by election. Compensation. Any economic benefit received in return for labor, services, property, or investment. Economic Benefit. Any money, real or personal property, purchase, sale, lease, contract, option, credit, loan, discount, service, or other tangible or intangible thing of value, whether similar or dissimilar to those enumerated. Employee. Any person employed by the Town whether under civil service regulations or not, including those individuals on a part-time basis, but such term shall not be extended to apply to any independent contractor. Family Member. The spouse, parent or child, and the parents of a spouse of a Town official, appointee, or Town employee. Gift. A favor, hospitality, or economic benefit other than compensation but which does not include campaign contributions reported as required by State law, gifts received from a relative if given on account of kinship, or any value received by will, intestate succession, or as a distribution from an inter vivo or testamentary trust established by a spouse or ancestor. Identification. For a natural person, the person’s name, street address, city and state; for any entity other than a natural person, the name, address, city and state of the entity’s principal location or place of business, the type or nature of the entity, the date on which it came into existence, the state of incorporation, if any, and the names of the partners or trustees, if any. Income. Economic benefit received. Intentionally. A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. Knowingly. A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. Town Council 229 of 252 Meeting Date: April 12, 2010Town Council 229 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Ethics Commission DRAFT 04-06-10 Rev 4 WCR Page 5 of 16 Pecuniary Gain. Any use, benefit or thing of value that can be valued in money. Source of Income. Any business entity, employment, investment, or activity which earned or produced income, including interest, dividends, royalties or rents, which has been paid to or for the credit of a Town official, candidate or family member or which would be taxable to said Town official, candidate or family member under the United States Internal Revenue Code, as amended, even though not actually paid or credited. Substantial Interest. A person has a substantial interest in a business entity if he and/or a family member (a) owns ten percent (10%) or more of the voting stock or shares of the business entity; (b) owns ten percent (10%) or more or $15,000 or more of the fair market value of the business entity; or (c) funds received from the business entity exceed ten percent (10%) or more of the person’s gross income for the previous year. A person has a substantial interest in real property if he, his parent or child, or if married his spouse or his spouse’s parent, controls or has an interest in the property and the interest has a market value of $2,500.00 or more. Town Official. The Mayor, every member of the Town Council, candidates, the Town Manager, the Assistant Town Manager, the Town Attorney, the Town Secretary, Judges of the Municipal Court, the Police Chief, the Fire Chief, the Finance Director, the Information Services Director, the Parks and Recreation Director, the Human Resources Director, the Streets Superintendent, the Planning and Zoning Coordinator and persons acting in the capacity of the aforementioned Town officials, appointees, or employees. SECTION 4. STANDARDS OF CONDUCT (1) Gifts No Town official, appointee, or employee shall intentionally or knowingly accept or solicit any gift, benefit, favor, service or thing of value, such that it might reasonably tend to influence the judgment or discretion of the officer or employee; or that the officer or employee knows or should know is being offered with the reasonable intent to influence the officer's or employee's judgment or discretion; or given in consideration of the favorable exercise of such employee or official’s judgment or discretion in the past. (2) General Provisions (a) No Town official, appointee, or employee shall intentionally or knowingly disclose any confidential information gained by reason of said official or employee’s position concerning the property, operations, policies or affairs of the Town, or use such confidential information for the pecuniary gain of said official, employee, or others. (b) No Town official, appointee, or employee shall use, request, or permit the use of Town facilities, personnel, equipment, or supplies for private purposes (including political purposes), except: Town Council 230 of 252 Meeting Date: April 12, 2010Town Council 230 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Ethics Commission DRAFT 04-06-10 Rev 4 WCR Page 6 of 16 (1) pursuant to duly adopted Town policies; or (2) to the extent and according to the terms that those resources are generally available to the public. (c) Except as otherwise specifically authorized by ordinance, no Town official or appointee shall intentionally or knowingly appear before the body of which the official is a member while representing himself, or any other person, group, association, interest, or business entity. (d) No Town official, appointee or employee shall intentionally or knowingly represent directly or indirectly any private person, group, or interest other than himself or a family member before any department, agency, commission or board of the Town for economic benefit or pecuniary gain. (e) No Town official, appointee, or employee shall vote on or participate in any decision making process if the official or employee has a direct financial interest in the outcome of the matter under consideration. No Town official, appointee, or employee shall vote on or participate in any decision making process on any matter concerning real property or a business entity if the Town official, appointee, or employee has a substantial interest in the business entity or real property. (f) No Town official, appointee or employee shall intentionally or knowingly accept other employment or engage in outside activities incompatible with the full and proper discharge of official duties and responsibilities, or which would tend to impair independent judgment in the performance of said official duties. (g) None of the foregoing shall be construed to prohibit any Town official, appointee, or employee from representing his interest in his owner occupied homestead before the Council, board, commission or any department except for the body of which the official is a member, or the department by which the employee is employed. (h) In any action or proceeding in the municipal court of the Town which was instituted by a Town official or employee in the course of official duties, no Town official shall knowingly represent anyone other than himself or a family member. If a Council member elects to have a trial in municipal court, the Town Council, without the participation of the affected council member, shall appoint a special judge to preside over the trial. (i) No Town official shall act as a surety for any person or business entity that has any contract with the Town, or on any bond required by the Town for any Town official or employee. SECTION 5. DISCLOSURE OF INTEREST (1) If any Town official or appointee has a substantial interest in any real property or business entity involved in any decision pending before the body of which the Town Town Council 231 of 252 Meeting Date: April 12, 2010Town Council 231 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Ethics Commission DRAFT 04-06-10 Rev 4 WCR Page 7 of 16 official or appointee is a member, the Town official or appointee shall not vote or otherwise participate in the consideration of the matter. (2) If any employee has a substantial interest in any real property or business entity involved in any decision pending before the department by which the employee is employed, the employee shall not participate in the consideration of the matter. (3) In the case of a Town official or appointee, the Town official or appointee shall publicly disclose, verbally or in writing, the nature and extent of such interest to the body on which the Town official or appointee serves prior to any discussion or determination of the matter to be considered or immediately upon discovery of the conflict of interest. The statement of disclosure shall be included in the official minutes of the body. (4) In the case of an employee, the employee shall disclose such information in writing to the employee’s supervisor and to the Town Secretary prior to any consideration of the matter. The Town Secretary shall keep a file of employee statements of disclosure and said file shall be a public record of the Town. SECTION 6. FINANCIAL DISCLOSURE (1) No later than April 30th of each year, each Town official shall file a sworn financial disclosure statement with the Town Secretary reflecting the financial situation of the Town official as of December 31st of the previous year. Notwithstanding any other term or provision of this Article, as used in this section: (a) the term “family member” shall include only the Town official, and the spouse and the minor children of the Town official; (b) the term “substantial interest” shall include only the interests of the Town official, the spouse and minor children of the Town official; and (c) the annual financial disclosure statement shall not include the assets or property of any person other than those of the Town official, the spouse and minor children of the Town official. (2) A newly employed or appointed Town official shall file a sworn financial disclosure statement with the Town Secretary within thirty (30) days from the date the position with the Town is assumed. Said statement shall reflect the financial situation as of date of employment or appointment and for the previous twelve (12) months, provided, however, such Town official shall not be required to include in such statement the requirements of paragraphs (4) (f), (g), and (h) of this section. (3) Each candidate shall file a sworn financial disclosure statement with the Town Secretary within fifteen (15) days of filing for office, reflecting the financial situation of the candidate as of December 31st of the year previous to the election date. (4) Each person required to file a financial disclosure statement shall do so on a form supplied by the Town which shall include the following information: Town Council 232 of 252 Meeting Date: April 12, 2010Town Council 232 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Ethics Commission DRAFT 04-06-10 Rev 4 WCR Page 8 of 16 (a) The person’s name, residence address, business address, telephone number, name of all family members and all names under which the person or family member does business. (b) Identification by street address, and legal description of all real property located within the Town or its extraterritorial jurisdiction in which the person has a substantial interest. (c) Identification of each business entity owning property or doing business within the Town or its extraterritorial jurisdiction in which the person has a substantial interest. (d) Identification of each person or business entity to whom the person or family member owed a debt of ten thousand dollars ($10,000) or more during the reporting period, but not including debts owed to persons related within the second degree of consanguinity or affinity, or revolving charge accounts, and excluding loans to a political campaign which were reported as required by law; if repaid during the reporting period the date of repayment shall be stated. (e) Identification of each source of income amounting to ten (10) percent or more of the person’s or family member’s gross annual income as defined by the United States Internal Revenue Code. (f) Identification of the donor of each gift of more than one hundred fifty dollars ($150.00) in value received by the person or family member, including the value of the gift, where such donor has appeared before and requested action of the Town Council during the reporting period. (g) Identification of the donor of two or more gifts of an accumulated value of six hundred dollars ($600.00) or more received by the person or family member, where such donor has appeared before and requested action of the Town Council during the reporting period. (h) Identification of all individuals or business entities that: (i) he or a business entity in which he has a substantial interest has had business dealings involving one or more transactions of five hundred dollars ($500.00) or more each, for a total of twenty-five hundred dollars ($2,500) or more, and (ii) have appeared before and requested action of the Town Council during the reporting period. (5) The Town Secretary shall maintain all financial disclosure statements required to be filed herein as public records and retain them for a period of three (3) years after which statements shall be returned to the person filing them or be destroyed. Town Council 233 of 252 Meeting Date: April 12, 2010Town Council 233 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Ethics Commission DRAFT 04-06-10 Rev 4 WCR Page 9 of 16 (6) A Town official, appointee, or employee shall immediately and publicly identify either verbally on the record or in writing, all individuals or business entities that: (a) he or a business entity in which he has a substantial interest or has had business dealings involving one or more transactions of five hundred dollars ($500.00) or more each, for a total of twenty-five hundred dollars ($2,500) or more within the immediately preceding twelve (12) month period, and (b) appeared before and requested some action of the Town Council, board or commission of which such reporting person is an advisor or member. (7) Within thirty (30) days of being appointed to the Planning and Zoning Commission and on each anniversary of that date, each member of such Commission shall file with the Town Secretary a sworn statement identifying by street address and legal description all real property located within the Town or its extraterritorial jurisdiction in which the member has a substantial interest. SECTION 7. ETHICS REVIEW COMMISSION (1) An Ethics Review Commission (Commission) is hereby established to be composed of seven (7) members, all of whom shall reside in the Town. (2) Each Commission member shall be appointed by the Town Council and shall occupy a position on the Commission, such positions being numbered 1 through 7. (3) The Commission members shall be appointed to three year staggered terms. Positions 1 and 2 shall serve an implementation term which shall expire on September 30 of 2011. Positions 3 and 4 shall serve an implementation term which shall expire on September 30 of 2012. Positions 5, 6, and 7 shall serve an implementation term which shall expire on September 30 of 2013. After each such implementation term expires, the term of office for each position shall be three years. No member shall serve for more than two (2) consecutive full terms. Implementation terms shall not be counted as full terms. (4) All vacancies shall be filled for the unexpired term. A member shall hold office until his successor has been appointed by the Town Council and shall continue to hold office after his successor has been appointed by the Town Council for the limited purpose of the disposition of all complaints filed during that member's term. No member may participate in a decision regarding a complaint initiated prior to the expiration of the previous member’s term, but new members shall assume the duties of office with respect to all complainants initiated after the previous member's term. (5) The Commission shall elect a chairman and a vice-chairman to one (1) year terms. The vice-chairman shall act as chairman in the absence of the chairman. (6) Four (4) or more members of the Commission shall constitute a quorum, but no action of the Commission shall be of any force or effect unless it is adopted by the favorable vote of four (4) or more members. Town Council 234 of 252 Meeting Date: April 12, 2010Town Council 234 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Ethics Commission DRAFT 04-06-10 Rev 4 WCR Page 10 of 16 (7) The Commission shall meet at least once a year to review this article and may make recommendations to the Town Council for amendments hereto. (8) The Commission shall render advisory opinions on potential conflicts of interest or violation of this article at the request of a Town official, member of a Town board or commission, or employee subject to the terms of this article. Such advisory opinion shall be rendered within a reasonable time, but in no event later than thirty (30) days after a request is received by the Commission. (9) It shall be a defense to an alleged violation of this article that the person accused previously requested an advisory opinion of the Commission and acted on such opinion in good faith, unless material facts were omitted or misstated by the person requesting the opinion. Such advisory opinion shall also be binding on the Commission in any subsequent charges concerning the person requesting the opinion. (10) Independent legal counsel shall be utilized to advise the Commission and participate in hearings. The Town Council shall annually designate and retain independent counsel who shall be a duly licensed attorney in the State of Texas. (11) The Commission shall have jurisdiction to review and make findings concerning any alleged violation of this article by any person subject to those provisions, if a complaint is filed within one year after the date of the alleged violation. The Commission may not consider any alleged violation that occurred before July 1, 2010 or more than one year before the date of the filing of a complaint. SECTION 8. DISPOSITION OF ALLEGED VIOLATIONS (1) A sworn complaint based on personal knowledge alleging a violation (s) of this article shall specify the provision (s) of this article alleged to have been violated, and shall name the Town official, candidate, appointee, or employee being charged. THE STATE OF TEXAS: COUNTY OF DENTON: TO: THE ETHICS REVIEW COMMISSION OF THE TOWN OF TROPHY CLUB, TEXAS: COMES NOW (complainant), and makes this complaint, UPON HIS/HER PERSONAL KNOWLEDGE AND UNDER OATH against (name of person complained against), and would show the Commission that: On or about the _______ day of ________________, ___,(insert date of the action, or omission, complained of) _____________________________________________, (name of person complained against) a/an (insert appropriate designation; Town official, candidate, appointee, employee, board or commission member) of the Town of Trophy Club, Texas, violated the following provision(s) of Code of Ethics and Conduct Ordinance, Town of Trophy Club, Texas, to wit: (Specify by Section, Subsection and Paragraph number the provision(s) alleged violated.) by committing the following act, or omission, to wit: ______________________________________________________________________ ______________________________________________________________________ Town Council 235 of 252 Meeting Date: April 12, 2010Town Council 235 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Ethics Commission DRAFT 04-06-10 Rev 4 WCR Page 11 of 16 ______________________________________________________________________ ______________________________________________________________________ (Describe above, the action, or omission, alleged to violate each Code provision cited. You may attach additional pages if more space is required.) (2) Upon the aforesaid sworn complaint of any person being filed with the Town Secretary’s office, or on its own initiative, the Commission shall consider possible violations of this article by Town officials, candidates, appointees and employees. A complaint shall not be deemed to be filed on the initiative of the Commission save and except the complaint be signed and sworn to by two (2) members of the Commission, one of which is the Chairman of the Commission, after consultation with the legal counsel of the Commission. A complaint filed by an individual member of the Commission shall be deemed to have been filed in the Commission member’s capacity as a private citizen and, in such event, the member of the Commission filing the complaint shall not thereafter participate in a Commission meeting at which such complaint is considered save and except that the Commissioner filing the complaint may participate as a complainant at such meeting. (3) A complaint alleging a violation of this article must be filed with the Town Secretary within one (1) year from the commission of the action alleged as a violation, and not afterward. (4) The Town Secretary shall, in writing, advise the person filing the complaint that falsely accusing someone of a violation of this article may result in criminal prosecution of anyone who knowingly makes a false accusation. The Town Secretary shall, in writing, advise the person charged in the complaint that falsely responding to a complaint may result in criminal prosecution of anyone who knowingly makes a false response. (5) Not later than three (3) working days after the Town Secretary receives a sworn complaint, the Town Secretary shall acknowledge the receipt of the complaint to the complainant, and provide a copy of the complaint to the Town Attorney, the independent counsel, the Commission and the person complained against. Not later than ten (10) working days after receipt of a complaint, the Commission shall notify in writing the person who made the complaint and the person complained against of a date for a preliminary hearing. If the Commission does not hold a preliminary hearing within twenty (20) working days of receipt of the complaint, it shall notify the person who made the complaint of the reasons for the delay and shall subsequently give him the appropriate notification. (6) The Commission may consider possible violations of this article on its own initiative. Within seven (7) days of the Commission’s decision to consider a possible violation of this article, the Commission shall draft a written complaint specifying the provision(s) of this article alleged to have been violated and shall file a copy with the Town Secretary, and provide a copy to the Town Attorney, the independent counsel, and the person complained against. Not later than fifteen (15) days after the drafting of the complaint, the Commission shall notify in writing the person complained against of the date for the preliminary hearing. Town Council 236 of 252 Meeting Date: April 12, 2010Town Council 236 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Ethics Commission DRAFT 04-06-10 Rev 4 WCR Page 12 of 16 (7) After a complaint has been filed and during the pendency of a complaint before the Commission, a member of the Commission may not communicate directly or indirectly with any party or person about any issue of fact or law regarding the complaint, except at a meeting of the Commission; provided that a member may consult with the attorney or the staff liaison for the Commission as to process, procedure and legal issues. (8) No Town official or employee shall reveal information relating to the filing or processing of a complaint, except as required for the performance of official duties or as required by law. Ex parte communications by or to members of the Commission are prohibited. All papers and communications relating to a complaint must be treated as confidential unless required to be made public under the Public Information Act of the Texas Government Code or other applicable law. (9) As soon as reasonably possible, but in no event more than sixty (60) days after receiving a complaint, the Commission shall conduct a preliminary hearing. (a) The issue at a preliminary hearing shall be the existence of reasonable grounds to believe that a violation of this article has occurred. The person filing a complaint, or the independent counsel in cases considered upon the Commission’s own initiative, shall state the alleged violation and shall describe in narrative form the testimony and other evidence which would be presented to prove the alleged violation as stated in the written complaint. Statements at a preliminary hearing shall be under oath, but there shall be no cross examination or requests for persons or evidence issued for the hearing. Members of the Commission may question the complainant, the independent counsel for the Commission, or the Town official, appointee or employee named in the complaint. (b) The Town official, appointee or employee named in the complaint shall have the opportunity to respond, but is not required to attend or make any statement. The Town official, appointee or employee may describe in narrative form the testimony and other evidence which would be presented to disprove the alleged violation. If the Town official, appointee or employee agrees that a violation has occurred, he may so state and the Commission may consider the appropriate sanction. (c) The complainant and the Town official, appointee or employee named in the complaint shall have the right of representation by counsel. (d) At the conclusion of the preliminary hearing, the Commission shall decide whether a final hearing should be held; provided the Commission may proceed to determine the appropriate sanction if the charged Town official, appointee, or employee does not object and admits the charged violation, and the Commission determines that there are no fact issues to be resolved. If the Commission determines that there are reasonable grounds to believe that a violation of this article has occurred, it shall schedule a final hearing. If the Commission does not determine that there are reasonable grounds to believe that a violation of this article has occurred, the complaint shall be automatically dismissed. A decision to conduct a final hearing is not a finding that a violation has occurred. Town Council 237 of 252 Meeting Date: April 12, 2010Town Council 237 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Ethics Commission DRAFT 04-06-10 Rev 4 WCR Page 13 of 16 (e) The Commission, at any time during the preliminary hearing, may also dismiss a complaint if the complaint does not allege conduct which would be a violation of this article. Before a complaint is dismissed for failure to allege a violation, the complainant shall be permitted one opportunity, within ten (10) days of such preliminary hearing, to revise and resubmit the complaint. (f) The complainant, the independent counsel, and the Town official, appointee or employee named in the complaint may ask the Commission at a preliminary hearing to request certain persons and evidence for a final hearing, if one is scheduled. (10) Final Hearing (a) The final hearing shall be held as expeditiously as possible following the determination by the Commission that there are reasonable grounds to believe that a violation of this article has occurred, but in no event shall it be held more than thirty (30) days after said determination. The Commission may grant two (2) postponements, not to exceed fifteen (15) days each, upon the request of the Town official, appointee or employee named in the complaint. (b) The issue at a final hearing shall be whether a violation of this article has occurred. The Commission shall make its determination based on clear and convincing evidence in the record. All witnesses shall make their statements under oath. If the Commission determines that a violation has occurred, it shall state its findings in writing, shall identify the particular provision(s) of this article which have been violated, and within five (5) working days shall deliver a copy of the findings to the complainant, if any, the person named in the complaint and the Town Secretary. (c) If a complaint proceeds to a final hearing, the Commission may request and subpoena witnesses to attend and testify, administer oaths and affirmations, take evidence and request the production of books, papers, records, or other evidence needed for the performance of the Commission's duties or exercise of its powers, including its duties and powers of investigation. It shall be a violation of this article for a person to fail to appear and testify before the Commission in response to a request made in writing ten days or more prior to the scheduled time and date of the notice or request to appear. (11) Sanctions (a) If the Commission determines that a violation of this article has occurred, it shall proceed directly to determination of the appropriate sanction(s). A violation of this article shall not be subject to criminal penalties under the Town Code, except for the two instances specifically provided for in this article Section 8 (10)(c) and Section 11. The Commission may receive additional testimony or statements before considering sanctions, but is not required to do so. If the Town official, appointee or Town employee named in the complaint acted in reliance upon a written opinion of the Town Attorney, the Commission shall consider that fact. Comment [Council2]: Corrected from (8) to (10) Aligns with section 12 Town Council 238 of 252 Meeting Date: April 12, 2010Town Council 238 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Ethics Commission DRAFT 04-06-10 Rev 4 WCR Page 14 of 16 (b) If the Commission determines that a violation of this article has occurred, it shall take the following actions: (1) If the complaint involved a current employee under the jurisdiction of the Town Manager, the matter will be referred to the Town Manager (2) If the complaint involved the Town Manager, Town Attorney, Town Secretary, or a Judge of the Municipal Court, the matter will be referred to the Town Council. (3) If the complaint involved a Town Council member, a board or commission member, a former Town official, or a former Town employee, the matter will be referred to the Town Council. (c) When referring a matter under Subsection (b), the Commission may impose or recommend the following sanctions: (1) Letter of notification. A letter of notification may be recommended when the commission finds that a violation of this article was clearly unintentional or when the action or conduct found to have been a violation of this article was performed by the official or employee in reliance on a public written opinion of the Town Attorney. A letter of notification must advise the official or employee to whom the letter is directed of any steps to be taken to avoid future violations. (2) Letter of admonition. A letter of admonition may be recommended when the commission finds that the violation of this article was minor and/or may have been unintentional, but where the circumstances call for a more substantial response than a letter of notification. (3) Reprimand. A reprimand may be recommended when the commission finds that a violation of this article was committed intentionally or through disregard of this article. A reprimand directed to an employee shall be included in said employee’s personnel file. The Town Manager may also elect to discipline the employee in accordance with Town personnel rules and procedures. A letter of reprimand directed to an elected Town official shall also be transmitted to the Town Secretary and published in the official newspaper of the Town. (4) Removal or suspension from employment. A recommendation of removal from employment or a recommendation of suspension from employment, as well as a recommendation for length of suspension, shall be the appropriate sanction when the Commission finds that a serious or repeated violation(s) of this article has been committed intentionally or through culpable disregard of this article by Town employees. The final authority to carry out such recommendations to suspend from employment and the length of suspension shall be with the Town Manager. The Town Manager may also elect to discipline the employee in accordance with Town personnel rules and procedures. Town Council 239 of 252 Meeting Date: April 12, 2010Town Council 239 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Ethics Commission DRAFT 04-06-10 Rev 4 WCR Page 15 of 16 (5) Censure, recall or removal from office. A letter of censure, a recommendation of recall, or a recommendation to institute proceedings for removal from office, shall be the appropriate sanction when the Commission finds that a serious or repeated violation(s) of this article has been committed intentionally or through culpable disregard of this article by an elected Town official. A letter of censure, a recommendation of recall, or a recommendation to institute proceedings for removal from office, directed to an elected Town official shall also be transmitted to the Town Secretary and published in the official newspaper of the Town. The Town Council and citizens of the Town may take actions in accordance with the Town Charter. Any proceedings for removal from office shall be in compliance with provisions of the Town Charter and State law. (12) Dismissal. If the complaint is dismissed because the evidence failed to establish a violation of this article, the Commission shall not entertain any other similar complaint based on substantially the same evidence. SECTION 9. PETITION FOR DECLARATORY RULING. Any Town official or employee against whom public allegations of ethics violations have been made in the media or elsewhere has the right to file a sworn statement with the Town Secretary affirming their innocence, and to request the Commission to review the allegations and make known its findings. SECTION 10. CULPABLE MENTAL STATE. To commit a violation under any provision of this article, a person must have acted or failed to act knowingly or with knowledge. SECTION 11. FALSE COMPLAINTS In the event a complaint is received by the Commission that is subsequently found to be baseless, and the Commission deems that the complaint was filed with the intent to: (a) harass the person named in the complaint; or (b) damage any person's reputation; or (c) benefit the person filing the complaint, or a third party, either personally, professionally or politically; or (d) damage a related third party; the Commission may recommend the Town Attorney cause a complaint to be filed against such person in the municipal court or, as appropriate, a higher court of this state; the Town Council or Town Manager, as appropriate, may take disciplinary action(s) against the individual who filed the complaint, including but not limited to disciplinary action if such complainant is a Town employee or appointed officer or official of the Town; and/or the filing of a civil action to recover the costs, fees, charges and expenses Comment [Council3]: Added “may” Town Council 240 of 252 Meeting Date: April 12, 2010Town Council 240 of 252 Meeting Date: April 12, 2010 DRAFT with employees under Ethics Commission DRAFT 04-06-10 Rev 4 WCR Page 16 of 16 incurred by the Town and person named in the complaint with respect to such complaint. The Commission may also recommend other action(s) that should be taken. SECTION 12. PENALTIES (1) Any person who shall violate Section 8 (10) (c) or Section 11 of this article shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $500.00. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein. (2) Any person who knowingly files a false sworn statement under this article is subject to criminal prosecution for perjury under the laws of the State of Texas. SECTION 13. CODE OF ORDINANCES. The Code of Ordinances of the Town is hereby amended to include the terms and provisions of this Ordinance. All ordinances, parts of ordinances and the Code of Ordinances in conflict herewith are hereby amended to the extent of such conflict only. If a provision of this Ordinance and any other ordinance shall conflict, the terms of this Ordinance shall govern and control and the other ordinance or Code provision shall be read and construed in a manner consistent with the intent and provisions of this Ordinance. SECTION 14. 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. SECTION 15. EFFECTIVE DATE. This Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Texas Local Government Code, and it is accordingly so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this XXX day of XXXXXX, 2010. Mayor, Connie White Town of Trophy Club, Texas [SEAL] ATTEST: Town Council 241 of 252 Meeting Date: April 12, 2010Town Council 241 of 252 Meeting Date: April 12, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-179-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/29/2010 Town Council On agenda:Final action:4/12/2010 Title:Items for future Agendas. Attachments:Items for Future Agendas.pdf Action ByDate Action ResultVer. Town Council 242 of 252 Meeting Date: April 12, 2010Town Council 242 of 252 Meeting Date: April 12, 2010 12010-179-T Version:File #: Title Items for future Agendas. Body Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Town Council 243 of 252 Meeting Date: April 12, 2010Town Council 243 of 252 Meeting Date: April 12, 2010 1. Consider and receive input for regarding options to improve the upkeep of rental property, with or without creating a Building Standard Commission. (Edstrom - 4/21/08) 2. Item to receive a report from Town Manager Emmons regarding an update on the Comprehensive Land Plan. (Edstrom - 10/20/08 & Strother 10/19/09) 3. Consider and take appropriate action regarding a Library Focus Group or other plan for exploring options and compiling data for a future library. (Wilson) 4. Item to discuss the concept for term limits for Committees. (White added on 11/2/09) 5. Consider and take appropriate action regarding an Ordinance amending Article IV entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, prescribing handbill regulations to the Ordinance.. 6. Consider and take appropriate action regarding the creation of a Citizen’s Financial Budget Board. (Rose 12/7/09) 7. Consider and take appropriate action regarding an Ordinance amending Chapter 3 of the Code of Ordinances entitled "Buildings and Construction" of Article XV, entitled "Swimming Pools. (Rose 2/1/10) 8. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose 2/1/10) 9. Consider and take appropriate action regarding placing policies and procedures access on the Town web site. (Rose 2/1/10) 10. EDC 4B Annual update on April 12, 2010 Town Council 244 of 252 Meeting Date: April 12, 2010Town Council 244 of 252 Meeting Date: April 12, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-205-T Name: Status:Type:Agenda Item Regular Session File created:In control:4/6/2010 Town Council On agenda:Final action:4/12/2010 Title:Town Manager's Update regarding the following; and discussion of the same. 1. Roundabout 2. Bobcat Blvd 3. Splash Park 4. Safe Routes to School 5. Building Permits 6. Three Clean Event 7. Outgoing comments; and discussion of the same. Attachments: Action ByDate Action ResultVer. Town Council 245 of 252 Meeting Date: April 12, 2010Town Council 245 of 252 Meeting Date: April 12, 2010 12010-205-T Version:File #: Title Town Manager's Update regarding the following; and discussion of the same. 1. Roundabout 2. Bobcat Blvd 3. Splash Park 4. Safe Routes to School 5. Building Permits 6. Three Clean Event 7. Outgoing comments; and discussion of the same. Body Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Town Council 246 of 252 Meeting Date: April 12, 2010Town Council 246 of 252 Meeting Date: April 12, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-180-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/29/2010 Town Council On agenda:Final action:4/12/2010 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Attachments: Action ByDate Action ResultVer. Town Council 247 of 252 Meeting Date: April 12, 2010Town Council 247 of 252 Meeting Date: April 12, 2010 12010-180-T Version:File #: Title Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Body Mayor White will provide a brief update on her attendance at the following meetings and events: - FitCities Walk with the Mayor - TML Regional Meeting - Northwest Metroport Chamber Mayor's Roundtable - TCRBA opening day baseball ceremony - Easter Egg Hunt - 25th Town Anniversary Planning Committee - RSVP Meals on Wheels - Mayors for Meals Campaign - Groundbreaking for Splash Park - Patriot Guard Riders - Breakfast Reception Alliance TX and 35W Coalition Day - Northwest Metroport Chamber Luncheon - Lunch with the President (Baylor Regional Medical Cnt at Grapevine) - Greater Fort Worth Builders Associations Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Town Council 248 of 252 Meeting Date: April 12, 2010Town Council 248 of 252 Meeting Date: April 12, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-182-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/29/2010 Town Council On agenda:Final action:4/12/2010 Title:Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: A. Services, compensation, contract and severance benefits, performance, special duties and directions for Town Manager Emmons B. Letter of Understanding regarding Acting Town Manager position C. Search for new Town Manager Attachments: Action ByDate Action ResultVer. Town Council 249 of 252 Meeting Date: April 12, 2010Town Council 249 of 252 Meeting Date: April 12, 2010 12010-182-T Version:File #: Title Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a)"Personnel Matters, to discuss the appointment, employment, evaluation,reassignment, duties, discipline, or dismissal of a public officer or employee: A. Services, compensation, contract and severance benefits, performance, special duties and directions for Town Manager Emmons B. Letter of Understanding regarding Acting Town Manager position C. Search for new Town Manager Town Council 250 of 252 Meeting Date: April 12, 2010Town Council 250 of 252 Meeting Date: April 12, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-183-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/29/2010 Town Council On agenda:Final action:4/12/2010 Title:Consider and take appropriate action regarding Executive Session items. Attachments: Action ByDate Action ResultVer. Town Council 251 of 252 Meeting Date: April 12, 2010Town Council 251 of 252 Meeting Date: April 12, 2010 12010-183-T Version:File #: Title Consider and take appropriate action regarding Executive Session items. Town Council 252 of 252 Meeting Date: April 12, 2010Town Council 252 of 252 Meeting Date: April 12, 2010