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HomeMy WebLinkAboutResolution No. 2014-005 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2014- SPS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS ADOPTING AMENDED POLICIES AND PROCEDURES FOR BOARDS AND COMMISSIONS WHEREAS, the City Council recognizes that it is in the best interest of all concerned to establish policies and procedures for the conduct of boards and commissions meetings; and WHEREAS, the Home Rule Charter does not set forth such policies and procedures; and WHEREAS, the City Council approved Resolution 90-19 on August 20, 1990 adopting policies and procedures for advisory boards and commissions, and subsequently approved amendments to the policies in 2002 and 2009; and WHEREAS, the City Council deems it necessary to make certain amendments to those policies and procedures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, that the policies and procedures attached hereto, as amended, are made a part of this resolution and are hereby adopted and approved as a uniform guideline for the conduct of business for Boards and Commissions of the City of The Colony. PASSED AND APPROVED this 21st day of January, 2014. ‘"e• ek Jo McCour , Mayor ATTES : THS CJ <p_ istie Wilson, TRMC, City Secretary 44i.4 t- . APPROVED AS TO FORM: ,i. /\\,ice 7EXP- ,$1 /e f so e, City Attorney CITY OF THE COLONY, TEXAS POLICIES AND PROCEDURES FOR ADVISORY BOARDS AND COMMISSIONS I. PURPOSE AND SCOPE The purpose of these policies and procedures is to establish uniform procedures for all advisory boards and commissions of the City. Board and commission members are selected by the City Council each year and typically serve a two-year term. Members serve at the pleasure of the Council and will not be granted special privileges because of their appointment. II. MEMBER ELIGIBILITY Applicant qualifications include the following:* Must be a resident of the City for at least six (6)months ►Must be a qualified voter ►May not hold any other public office, including other council appointed board positions, except that of Notary Public or as a member of the armed services or national guard ►Must not be in arrears in the payment of any taxes or other liability due to the City ►May not apply to serve on a board with their immediate family members ►Regular full-time City employees are not eligible unless required by State statute O.-No persons within the second degree by affinity or within the third degree by consanguinity to a council member are eligible to become a member of a board or commission ► In the event that State statute requires certain qualifications, those qualifications shall be required *The prohibition of service on one board, commission, or committee, and service and eligibility requirements contained in this section do not apply to tax increment reinvestment zones or local development corporations. Further, board members for either of these may be regular, full-time city employees or members of the City Council. All qualified candidates applying for the first time, must complete an application form and forward it to the City Secretary's office prior to the advertised deadline. Applicants will be interviewed by members of the City Council prior to appointment. Members shall be appointed for terms of two (2) years (except for Economic Development which has three (3) year terms), and may be removed at any time by the City Council. Terms of office shall begin July 1 and will be staggered so approximately one-half the membership at any time has experience. In the event a vacancy occurs prior to the expiration of a full term, the City Council may appoint a new member to complete the unexpired term. Any member of a board or 1 commission may be re-appointed by the City Council upon completion of an interview by members of the City Council. A member of a board or commission ceasing to reside in the City of The Colony during his or her term of office shall immediately forfeit his or her position. III. NEW MEMBERS Upon completion of the selection process, all new members should make every effort to become as familiar as possible with all aspects of his or her particular board. To aid in the process, new members will be furnished a Board Member Orientation Manual containing applicable information and regulations that govern that board. New members of the Planning and Zoning Commission shall be required to attend specialized training in Planning and Zoning issues within six (6) months of their appointment. Such training shall be at the expense of the City. Members of boards who are considered by state statute to be officers of the City must be administered a Statement of Officer and must receive the Oath of Office upon induction. These signed documents will be maintained in the appropriate file in Central Records. Persons authorized to administer the statement and the oath are: the Mayor, the City Secretary, or any notary public. Those boards include Planning and Zoning Commission and the Board of Adjustment, Community Development Corporation Board of Directors, Local Development Corporation, Tax Increment Reinvestment Zone boards, and The Colony Economic Development Corporation Board of Directors. IV. DUTIES OF BOARD AND COMMISSIONS GENERALLY: All boards and commissions shall act in an advisory capacity to the City Council with the exception of the following: ►Board of Adjustment whose decision is final as set out in Section 21 of the Zoning Ordinance of the City of The Colony. ►The Colony Economic Development Corporation Board of Directors (Type A) ►The Community Development Corporation Board of Directors (Type B) Po-Planning and Zoning Commission in particular issues ► Local Development Corporation ►Tax Increment Reinvestment Zone No. 1 ►Tax Increment Reinvestment Zone No. 2 Boards and commissions shall advise the Council on issues peculiar to their particular interests. No member of a board or commission shall become involved in the daily operations of the departments of the City or in personnel matters. 2 Specific duties of all boards and commissions are outlined in the Code of Ordinances as follows: Library Chapter 2 Technologies Chapter 2 Community Image Chapter 2 Animal Control Chapter 2 Public Tree Chapter 2 Planning and Zoning Commission Chapter 17 Board of Adjustment Section 21 Appendix A-Zoning Community Development Corporation Articles of Incorporation &Bylaws Economic Development Corporation Articles of Incorporation &Bylaws Local Development Corporation Articles of Incorporation &Bylaws Tax Increment Reinvestment Zone No. 1 Ordinance 2011-1926 Tax Increment Reinvestment Zone No. 2 Ordinance 2013-2034 V. ATTENDANCE AT MEETINGS It is imperative that members maintain regular attendance. The following procedure has been established in order to assist in maintaining the record. The Chairman should announce, for the record, the names of members absent. Members who cannot attend the meeting should contact the chairman or appropriate staff member concerning his or her absence prior to the meeting. Three (3) consecutive absences from regular sessions, or absence from more than twenty-five (25%) of the meetings in any six month period, shall cause the board liaison to report the attendance record of the member to the City Council. In the event extended absences are due to military deployment, the designated Council liaison may temporarily appoint a qualified person fill that position. The Council is most appreciative of the dedication and contribution by those who are willing to donate their time to community service. Decisions reached by any of these boards impact the entire community. Therefore, if a quorum is not present because of habitual absenteeism by certain members the integrity of the board as a whole is affected. VI. ETHICS Members of boards and commissions serving in a capacity beyond that of advisory in nature such as members of the Planning & Zoning Commission, Board of Adjustments, Community Development Corporation Board, and The Colony Economic Development Board shall comply with Chapter 11 of The Colony Home Rule Charter regarding ethics. 3 VII. ROLE OF STAFF LIAISON A staff member (usually a department director) is assigned to each respective board to perform support services, provide technical data, prepare agendas, post notices of meetings, prepare minutes of the meetings, and other related functions. The staff member is an ex-officio member of the board,but is not entitled to vote or preside over meetings. The staff member should arrange a meeting with all new members prior to the first meeting date for briefings on procedures, legal responsibilities, duties of the board, and background information on items that may be considered at the next meeting. VIII. ROLE OF COUNCIL LIAISON The role of the liaison is to act as a communication conduit between the City Council and the board or commission. The liaison shall take no part in the board or commission discussions unless requested. IX. RECORD OF MEETINGS: A record of all meetings is to be kept. Pertinent items to be included are as follows: A. AGENDA The agenda will serve as the order of business and provide the form for posting of the notice of meetings. The official posting of the agenda must be at least 72 hours in advance of the meeting in a place(s) readily accessible to the public. Two postings are recommended. (1) City Hall outside bulletin board; (2) Front door of the place of assembly, providing the notice is visible at all times. Agendas shall be made available in advance of the meetings on the City's web site. A copy of the agenda should also be made available to local news media. Copies of the agenda, along with supporting data, shall be provided to each board member at least 72 hours in advance of the meeting date. Some boards meet periodically or on an as-needed basis; however, others meet on a specified schedule. In the event a regularly scheduled meeting is cancelled, a notice should be posted stating that the meeting has been cancelled and giving the reason for such cancellation. B. MINUTES OF MEETINGS The staff member will be responsible for keeping an accurate record of all meetings. The minutes shall include a record of attendance, summary of the discussion, recommendations and/or voting record, indicating by name members 4 voting "for" or "against" all items of business,unless the vote was unanimous. After minutes are approved by the board and signed by the chairperson copies of the minutes shall be made available on the City's web site. Signed originals will be forwarded to the City Secretary's office. C. RECORD OF ATTENDANCE Minutes of each meeting shall also accurately reflect the names of those members in attendance and those absent. If a member is late, the minutes shall indicate the position on the agenda upon arrival by utilizing the following statement: At this point, (name) arrived, the time being p.m.(a.m.) X. CONDUCT OF MEETINGS A. The Chair shall preside at the meetings and in his/her absence the Vice-Chair shall preside. The Chair shall call the meeting to order and announce those members present and absent. In the event the President and Vice-President of the EDC are absent, the Secretary shall preside over the meetings, per the EDC By-laws. B. The Chair may address the posted items on the agenda in any order he/she chooses, as long as each and every item is addressed in some fashion. C. A motion may be made by any member other than the presiding officer. A second to the motion is required before a vote can be taken. Any motion will die from a lack of a second. D. Roberts Rule of Order shall be used as a guideline to conduct meetings. E. All meetings will be held in compliance with the Open Meetings Act and, with the exception of allowable executive sessions, shall be open to the public. Adopted: August, 1990 Amended: April, 2002 Amended: August, 2009 Amended: October, 2009 Amended: January, 2014 5