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HomeMy WebLinkAboutResolution No. 90-19 CITY OF THE COLONY, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS ADOPTING POLICIES AND PROCEDURES FOR ADVISORY BOARDS AND COMMISSIONS WHEREAS, the City Council does recognize that it is in the best interest of al 1 concerned to establish policies and procedures for conducting meetings of boards and corrrnissions; and WHEREAS, the Home Rule Charter does not set forth such policies and procedures; NOW, THEREFORE BE IT RESOLVE6 BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, that the policies and procedures attached hereto and made a part of this resolution are hereby adopted and approved as a uniform guideline for the conduct of business on Advisory Boards and Commissions of the City of The Colony. ~d PASSED AND APPROVED this - ay of 1990. Wi liam Wo Manning, ATTEST: P'aiti A. Hicks, City Searetary CITY OF THE COLONY, TEXAS POLICIES AND PROCEDURES FOR ADVISORY BOARDS ~D COMMISSIONS AUGUST 1990 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 in December 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. ELIGIBILITY All resident citizens and qualified voters of the City of The Colony, who have been residents of the city for at least six (6) months, hold no other public office except that of notary public or member of the national guard or armed services, and are not in arrears in the payment of any taxes or other liability due to the City, may be appointed or re-appointed to a Board or Commission. All qualified candidaues applying for the first time, or re- applying, must complete an application form and forward it to the City Secretary's office prior to the advertised deadline. Applicants may be interviewed by the City Council prior to appointment. Members shall be appointed for terms of two (2) years, but may be removed by the City Council. Terms of office will be staggered so approximately one-half the membership at any time has experience. The terms of office shall expire when a successor has been appointed, in the event that 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 Commission may be re-appointed by the City Council upon completion of his or her term. 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 on the Board or Commission. 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 copies of pertinent telephone numbers of other members, applicable information and regulations that govern that board. Members of boards that 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. The members must sign the oath and it must be notarized and kept in the appropriate file in Central Records. Those persons authorized to administer the statement and the oath are: the Mayor, the City Secretary, and any notary public. Those boards include Planning and Zoning Commission and the Board of Adjustment and Appeals. IV. DUTIES OF BOARD AND COMMISSIONS GENERALLY: Ail Boards and Commissions shall act in an advisory capacity to the City Council with the exception of the Board of Adjustment and Appeal whose decision is final as set out in Section 21 of the Zoning Ordinance of the City of The Colony. Boards and Commissions shall advise the Council on issue 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. Specific duties of all boards and commissions are outlined in the Code of Ordinances as follows: Library Board Chapter Ii Park and Recreation Board Chapter 14 Planning and Zoning Commission Chapter 17 Board of Adjustment and Appeal Section 21 Appendix A-Zoning 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, and determine if the absence is excused or unexcused. Members who cannot attend the meeting should contact the chairman or appropriate staff member concerning his or her absence prior to the meeting. An excused absence would include personal sickness, sickness in the immediate family, death of a family member, or other related emergencies, or absence for business reasons. Three (3) consecutive unexcused absences from regular sessions, or the une×cused absence of a regular member from more than twenty-five (25%) of the meetings in any six month period, shall cause the Board or Commission to review the attendance record of the member and make a recommendation to the City Council on the appointment. 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. CONFLICT OF INTEREST This section deals with the area of conflict of interest. The law applies to appointed boards which exercise responsibilities beyond those that are advisory in nature. (Board of Adjustment and Appeals) If a board member has a substantial interest in a business entity or real property under discussion, the member must complete an affidavit before any vote is taken on the matter and refrain from participating in the discussion and from voting. The signed affidavit should be filed with and made a part of the minutes of the Board. A person has a substantial interest in a business entity if: 1. The person owns ten percent (10%) or more of the voting stock or shares of the business entity or owns $5,000 or more of the fair market value of the business entity; or 2. Funds received by the person from the business entity exceed ten percent (10%) of the person's gross income for the previous year. A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,000 or more. An interest of a person related in the second degree by either affinity (marriage) or consanguinity (blood) to the local public official is also a substantial interest. The following chart shows examples of relatives within the second degree of consanguinity and affinity. Consanguinity: Blood relationship. 1st degree: parents, children, siblings 2nd degree: grandparents, grandchildren, first cousins, niece and nephew 3rd degree: the next generation each direction The affidavit is required and participation in the agenda item prohibited if it is reasonable foreseeable that an action on the matter would confer an economic benefit to the business entity (or real property) involved. This special economic effect is to be distinguishable from the effect on the public. If a majority of the board members have filed affidavits of substantial interest, then all are allowed to Participate in the discussion and vote. Violation of this law is a Class A Misdemeanor, punishable by a fine not to exceed $2,000 or imprisonment not to exceed one year, or both. VII. FUNCTION OF DEPARTMENT DIRECTOR: 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. RECORD OF MEETINGS: A record of all meetings is to established. Pertinent itams 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 agenda must be posted 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. A copy of the agenda should also be made available to local news media. Copies of the agenda, along with supporting data, should be delivered to each board member at least 48 hours in advance of the meeting date. Some committees meet on an "on-call" 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 description of business conducted; a record of attendance; and voting record, indicating by name, members voting "for" or "against" all items of business, unless the vote was unanimous. Within 30 days after each meeting, copies of the minutes should be distributed to each member of the board or commission and to the City Council. The minutes should bear the signature of the Chairman and the appropriate staff member. The original minutes shall be forwarded to Central Records for permanent filing. C. RECORD OF ATTENDANCE Minutes of each meeting shall also accurately reflect the names of those members in attendance and those absent, and indicate if the absence is excused or unexcused, as determined by the chairman of the board or commission. If a member is late, the minutes shall indicate the position on the agenda upon arrival by utilizing the following statement: At this point, Mr.(s) arrived, the time being p.m.(a.m.) ORDER OF BUSINESS A. The Chairman shall preside at the meetings and in his/her absence the Vice-Chairman shall preside. The Chairman shall call the meeting to order and announce those members present and absent. B. The Chairman may address the posted items on the agenda in 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.