HomeMy WebLinkAboutResolution No. 2012-19 R�SOLUTION NO. R2012-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD, T�XAS, AM�NDING RULES OF
PROC�DURE FOR TH� CONDUCT OF CITY COUNCIL
MEETINGS BY AMENDING RULE 7 IN ORDER TO
PERMIT SUBMISSION OF ADDITIONAL AGENDA
BACKUP DOCUM�NTS BY THE MAYOR OR
COUNCILMEMBERS SUBSEQUENT TO TH� CURRENT
DEADLINE FOR SUBMISSION OF AGENDA IT�MS; AND
R�PEALING ALL OTHER R�SOLUTIONS
INCONSISTENT OR IN CONFLICT H�REWITH.
.. % X X .. Y % if % X
Whereas, Article III, Section 3.10 of the Charter of the City of Friendswood, Texas
provides, among other things, that the City Council shall, by resolution, determine its own rules
and order of business and the rules shall provide that citizens of the City shall have a reasonable
opportunity to be heard at any meeting in regard to any matter Lmder covsideration; and
Whereas, by virtue of the adoption of Resolution No. R2009-39 the City Council of the
City of Friendswood, Texas adopted the "Rules of Procedure for the Conduct of City Council
Meetings," which iules were amended by viirtue of the adoption of Resohitions Nos. R2010-03,
2011-21 and 2012-01; and
Whereas, Rule 7 of the Rules of Procedure for the Conduct of City Council provides,
among other things, that any and all ordinances, i•esolutions or otlier matters, including all
written data, except emergency items, to be brought before the City Council for its consideration,
by the Mayor or by any member of the Council, shall be submitted in writing to the City
Secretary not later tl�an 2:00 p.m. of the Monday preceding the meeting at which the saine is to
be considered; and
Whereas, the City Council wishes to amend Rule 7 in order to the peiniit the Mayor or
any member of the Council to pr•ovide additional backup documents to tlie City Secretaiy for
agenda items submitted on or before the above-referenced deadline;
NOW, THEREFOR�, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS:
Section 1. The City Council of the City of Friendswood, Texas, hereby amends the
"Rules of Procedure for the Conduct of City Cotmcil Meetings," by amendiug Rule 7 as set forth
in the true and correct copy of the amended "Rules of Procedure" attached hereto as Exhibit "A"
and made a part hereof for all puiposes.
Section 2. All resolutions or pai�ts of resolutions inconsistent or in conflict herewith
are, to the extent of such inconsistency or conflict, hereby repealed. I
PASSED, APPROVED, AND RESOLV�D this the 6 day of Auaust ,2012.
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Kevin M. Hblland
Mayor I
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ATTEST:
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M�da Welsl�, TRMC ��Cx�U O, .'�p•°•
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CitySecretary ;*:, ;*e
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�XHIBIT A
FRIENDSWOOD CITY COUNCIL RULES OF PROCEDUR�
FOR CITY COUNCIL MEETINGS
JULY 06, 2009, AMENDED JANUARY 4, 2010, JULY 25, 2011, JANUARY 23, 2012 AND
AUGUST 6, 2012
Section 1. The following rules of procedure shall govern all meetings and
proceedings of the City Council of the City of Friendswood, and the conduct of all members and
other persons in attendance at such meetings.
Rule I. Meetings, Regular and Special
(A) According to the Charter, City Council shall hold at least one regular meeting
each month. Effective Febr�iary, 2012, one (1) regular meeting shall be held in the Coimcil
Chambers of the City Hall on the first Monday of each rnonth, commencing at 430 p.m. and
ending at 10:30 p.m. The duration of a regular meeting may be extended past 10:30 p.m. by the
approval of a two-thirds (z/3) vote of inembers of Council present at such meeting. In the event
Monday falls on a holiday, the meeting for that day shall be rescheduled as determined by
CounciL Any meeting of City Coimcil may be recessed from hour to hour for a period of time
not to exceed 24 liours, by an affinnative vote of 4 or more members of Council present at such
meeting, and such recessed meeting shall be held without fiu�ther posted notice.
(B) Other special meetings shall be held on the call of the Mayor or of four (4) or
more Councilmembers. The agenda for such meetings shall be established at the discretion of
those calling the meeting.
(C) Special meetings may be held at City Hall or anotlier location to be designated by
the Council in accordance witU charter provision section 3.09.
(D) Four Councilmembers shall constitute a quorum for the transaction of business.
(E) The City Council may retire into Executive Session as authorized by the Open
Meetings Act (Texas Government Code Chapter 551). Tliese Rules of Procedure shall apply to
the conduct of Councilmembers in an Esecutive Session, provided they do not conflict with the
provisions of the Open Meetings Act. Matters discussed dtu�ing each Executive Session shall be
identified Uy certified agenda or tape recorded, prepared and retained as required by law.
Rule 2. Chaimian and call to order
The Mayor or in his/lier absence the Mayor Pro-Tem, shall preside at all meetings of the
City Council. If the Mayor and the Mayor Pro-Tem are absent, any Councilmember may be
appointed by the Mayor or a majority of the Council to preside. The Mayor or Acting Mayor
inay appoint a Mayor Pro-Tem in the absence of the Mayor or Mayor Pro-Tem during a state of
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declared emergency. At the hour of the meeting, the Mayor shall assume the chair, call the
Council to order, and the City Secretaiy shall record the roll. The Mayor may make or second
motions, and shall vote on all matters before the Council, imless otherwise prohibited by law.
Rule 3. Handling of agenda subjects
The City Council is the sole judge of its own procedure and in full control of the business
before it. Neither the Mayor, the Mayor pro-tetn, nor any Councilmember appointed to preside,
shall have auy power to either recess a meeting or adjourn a meeting, or prevent the City Council
fi�om cousidering an agenda item oi• lay the same out for consideratiov except iu strict accordance
with Texas open meetings act, the City chai4er, and as enacted herein. If, not withstanding the
positive provisions of this iule, the presiding, officer whether Mayor, Mayor Pro-Tem, or
Coimcilmember presiding, shall attempt to prevent City Council from taking any action on any
agenda item brought before it, any Councilmeinber present may call for a vote of the City
Council to consider the matter.
Rule 4. Conduct of Mayor and CoLmcilmembers
Any meinber of the City Council including the Mayor, who fails to observe decorous and
orderly behavior during a meeting or who disturbs a meeting of Cotmcil with such disorderly
conduct is subject to being expelled from such meeting upon motion passed by 2/3 vote of the
Council present at this meeting. Any member reprimanded by motion or expelled from a
meeting by motion who thereafter commits another breach of decorous and disorderly behavior
during a subsequent meeting and again disturbs airy meeting of the Council by such disorderly
conduct shall be subject to the same power of Council to reprimand hin�/her, expe] him/her from
the meeting, or subject such member to complaint, investigation, and conviction of official
misconduct.
Except as provided below, no member of the Coimcil, including tlie Mayor, shall be
perulitted to address the Council during a public liearing held by the Council or to address any
board or commission of the Ciry during a public liearing held by such board or commission.
Notwithstanding the foregoing, any member of Council, including the Mayor, who has a conflict
of interest as defined by Chapter 171, Texas Local Govermnent Code, and who has fully
complied with the affidavit filing provisions of said Chapter 171, may be permitted to address
the Council, or board or comrnission of the City, during a public hearing if the subject matter of
the public hearing is the basis for the filing by the member of Council or the Mayor of the
conflict of interest affidavit described above. Provided further, unless otherwise prohibited by
law, nothing in this rule shall be consh•ued to prevent any member of the Council, including the
Mayor, fi•om addressing the Coimcil, or participating in Council discussions and deliberations,
relating to any item on an agenda of a meeting of the City Council, including items that were the
subject of public hearings before the Council or any board or commission of the City.
Rule 5. Non-inten�uvtion
Each member of the City Counci] shall be permitted to address the chair wlule either
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seated or standing, and after recognition shall not be interrupted while speaking without his/her
consent.
Rule 6. Handlin� of question of order
All questions of order shall be decided by tlie presiding officer with the right of appeal of
his/her decision by the City Council, and a majority of the Couucilmembers present may over
rule the decision of the chair. When the chair makes a ruling on a point of order and one of the
Councilmembeis states, "I appeal the ruling of the chair", or words to such effect, no other
business shall be transacted until the question, "shall the ruling of the chair be sustained?" is
voted on. The presiding officer shall immediately put such question to vote without debate, and,
if he/she fails to do so immediately, any member of the City Council may put the question to a
vote.
Rule 7. Procedure for submittine apenda items
Any and all ordinances, resolutions or other matters, including all written data, except
emergency items, to be brought before the City Council for its consideration, by the Mayor or by
auy uiemUer of the Council, shall be submitted in writing to the City Secretary not later than 2:00
p.m. of the Monday preceding the meeting at which the same is to be considered.
Notwithstanding the foregoing deadline, the Mayor or any rnember of the Council are pennitted
to provide additional backup docuinents to the City Secretaiy for agenda items subrnitted on or
before the above-referenced deadliue, provided such additional backup documents are provided i
to the City Secretaiy no later than 5:30 P.M. tlie day following the Council meeting. Such
additional backup documeuts shall be made accessible to the public by posting on the Council
Meeting Agenda portion of the City's website uuder the link "Additional Docurnents."
Documents which are excepted fi•om public disclosure pursuant to the Texas. Public Information
Act shall not be made accessible to the public.
Rule 8. Motion to table
Since the City Council of the City of Friendswood will always have regularly scheduled
meetings, a motion to table, wl�en can•ied, does not permanenfly defeat an ordinance, resolution,
motion, or other measure. If such ordinance, resolution, motion, or other tneasure is tabled by a
majority vote of the City Council, sLich ordinance, resolution, motion, or other measure, if not
sooner rernoved from the table, must be removed at the third �neeting, and acted upon, eve�i if
only to place tlie item on the table again.
Rule 9. Procedure to debate
Upon any ordinance, resolution or other measure beiug laid out, or any motion being
made, any Councilmember present, before there is any debate opened on the subject, may make a
parliamentary objection to the consideration of the subject which need not be seconded. No
debate shall then be permitted, and the presiding officer shall inunediately put the question,
"shall the objection be sustained"? If the objection is sustained by a vote of t�vo-thirds of the
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Councilmembers present the ordinance, resolution, i710t1031� or other measure is permanently
defeated for that meeting and shall not be debated (escept in accordance with Rule 11).
Rule 10. Closing of debate
If, during debate upon any ordinance, resolution, motion or other matter before the
Council, any member moves that the subject under discussion be put to a vote without further
debate (and such a motion need not be seconded), the presiding officer shall immediately ask the
Council, "is there any objection to proceeding to a vote on the ordinance, resolution, motion, or
other measure before the Council being taken irtunediately?" If any member objects, the
presiding officer shall iirunediately and �vithout debate put the question, "shall the subject being
discussed be put to a vote, without debate?" To a vote of tlie Council, and if two thirds of the
Councilmembers present vote in favor of ordering the vote, debate on the question shall be
closed and a vote on the ordinance, resolution, motion or other measure taken inunediately.
Rule 1 I. Reconsideration of a subject
When an ordinance, resolution, motion, or other measure of any sort has been placed
before the City Council and defeated, the same identical question shall not again be considered
by the City Council until ninety (90) days have elapsed.
Rule 12. Reducin�motion to writin
All oral motions must be seconded before being put to vote by the chair (except where
otherwise provided in these rules), and upon request of any other member of the Council, or
Mayor, the pai�ty making any such oral motion (except a motion to order a vote on a subject
being considered per rule 10 or to table, or otUer such procedural matter) shall reduce the same to
writing, or request the City Secretary to so the same. If a rnotion be made by any member of the
Council in writing and filed cvith the presiding office, it shall still require a second.
Rule 13. Secretarial procedure
The City Secretaiy shall be the Secretary of the Council and shall act as reading and
recording clerk to the Council. By his or her signature, the Secretaiy shall ceiKify the correctness
of the minutes and journals, shall record all actions taken by the Council, shall record the vote
upon each measure when taken by the ayes and nays, and shall schedule and place on Council
agendas, public hearings at the earliest practicable dates and sl�all perform such other duties as
may be required of the City Secretaiy by the Mayor and the City Council. The City Secretary
shall mark the absence of the Mayor or any other member of CounciL The City Secretaiy shall
test and attest to the satisfactory operation of the digital recorder and maintain proper fimctioning
as needed tluroughout the meeting. In the absence of the City Secretary, any suitable person may
be appointed by the City Secretaiy or Mayor to serve as acting City Secretary of any meeting.
The City Secretaty shall keep a copy of these ililes and the charter in the Council
Chamber, available for reference.
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Rule 14. Voting
Except as otherwise provided by law or these rules, all action required of the City
Council shall be made by an affiiniative vote of four (4) or more members of the Council present
at such Council meetings. Excluding conflicts of interest as provided by state law or by City
charter, all Councilmembers present at each meeting must vote on each subject presented for
Council vote. All votes nmst be taken in accordance with section 3.10, a��ticle III of the City
charter.
Rule 15. Citizens' right to be heard
Any citizen shall have a reasonable opporrimity to be heard at any and all regular or
special meetings of the City Council in regard to any and all matteis to be considered at any such
meetings, or such otlier matters as citizens may wish to bring to Council's attention during the
course of a regular meeting only; provided, however, auy matter not posted on the agenda may
not be discussed by Council, nor shall any action be taken by Cotmcil, except to indicate that the
matter may be placed on a later agenda. However, if a factual question is asked and a staff
member who has ready knowledge of the matter is present, the staff inember may be requested to
provide an inmiediate response at the Comicil meeting. City Cotimcil shall be authorized to
discuss topics that are the subject of a citizen conunent portion of an agenda, and to have
dialogue beriveen members of the Council and the citizen, if the topic is specifically identified
along with the citizen's name, in compliance with the Texas Open Meetings Act. A time shall be
set aside diuing each regular or special Council nieeting for the Cotmcil to hear fi•om the public,
such desiguated tiuie not to exceed tluee (3) minutes per person. The Mayor shall retain the
discretion to further limit or increase this tiine for public cominents on agenda items. Citizens
attending any regularly or specially scheduled meeting may speak before Council by completing
a form and presenting it to the City Secretaiy prior to the beginning of such meeting. Citizens
may request a Cotmcil member place an item on the agenda for deliberative puiposes.
No member of the public shall be heard until i•ecognized by the presiding officer. It is not
necessary, however, for a member of the public to prepare and submit a card requesting the right
to address the Coimcil for public hearings. Any member of the public intei7•upting City Council
proceedings, approaching the dais without permission, other�vise creating a disturbance, or
failing to abide by these rules of procedure in addressing the City Coui�cil, shall be deemed
guilty of disrupting a meeting (Section 42.5 of the Tesas Penal Code, Class B Misdemeanor)
and, at the direction of the presiding officer, shall be removed from Council Chambers by the
sergeant-at-anns or otl�er agent designated by City Council.
Rule 16. Order of Business
Unless agreed to otherwise by majority vote of Council, the normal oider of business
before the City Council in any regular meeting of the City Council shall be as follows:
(1) Call to Order.
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(2) Invocation.
(3) Pledge of allegiance.
(4) Special Recognition and Acknowledgments.
(5) Public lieariugs—as called.
(6) The Couucil shTll receive petitions and hear any member of the puUlic as
provided in Rule 15 of the Rules of Procedure, as amended, and any
appeal or other matter shall then be heard by the City Cotmcil. The
agenda shall include a statement that the City Council may discuss topics
identified uuder this poi�tion of an agenda.
(7) Co�mnittee or special reports.
(8) City manager reports.
(9) Tabled items.
(10) Items for discussion and action.
(11) Ordinances and/or resolutions to be considered.
(12) Communication fi�om the Mayor and members of Cotmcil.
(13) Consenta�enda:
A. Bids and awards of contracts involving expenditures not
esceeding bidding amounts as allowed by State law;
B. Other matters deemed routine in nature;
C. Minutes." I
Rule 17. Order of business for special meetings
Unless agreed to otherwise by majority vote of Council, the normal order of business
before the City Couucil in any special meeting shall be as follows:
(1) Call to order
(2) The presiding offlcer shall state the purpose(s) of the meeting.
(3) Commimications fi•om the Publia
(4) No business shall be discussed or acted upon at such meeting tmless the subject
has been dtily posted iu accordance with the Texas open meetings act.
(5) Adjourn meeting.
Rule 18. Suspension of iules of nrocedure
Any one or all of these rules of procedure may be suspended in order to allow a particular
consideration of a matter, provided that it does not violate the state law or home rule charter, and
provided that not less than two-thirds Councilmembers vote in favor of such suspension. Where
any rule embodies a provision of state law, identically or in substance, such rule may not be
suspended. The requirement of two thirds to suspend a ivle shall not apply to Rules 16 and 17,
but the order of business may be suspended by a majority vote.
Rule 19. Rules of Procediu�e
Except where in conflict with any state law, City charter, City ordinance or the rules of
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procedure adopted by this resolution, the rules of procedure laid down in Robert's Rrrles ofOrder•
Neivly Revise�l, shall govern the proceedings of the City Council.
Rule 20. Sereeant at Arms
The highest ranking police officer of the Friendswood Police Department in attendance at
any meeting of the City Council, whether regular or special, shall be, and is hereby, designated
and appointed as the Sergeant at Arms for such meeting.
Rule 21. Autl�oritv to Si¢n Grant Applications
The Mayor is authorized to sigu and submit grant applications on behalf of the City. Said
applications shall be approved or ratified by City Council on or before the next regular scheduled
City Council meetiug.
Rule 22. Management of Staff Assi¢nments
In order that the duties and assignments of the City Manager, City Secretaiy and City
Attoi7iey are properly balanced between their day-to-day municipal assignments and their
respective obligations to City Council, no member of City Council may require that the City
Manager or CiTy Secretaiy perform, per week, any single or cumulative assigmuent(s) requested
by a member of City Couucil which, in the estimation of the City Manager or City Secretary,
would require an allocation of in excess of two (2) hours of their respective time. Further, no
inember of City Council may require that the City Attorney perform any assignment without the
consent of the City Council.
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