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HomeMy WebLinkAboutORD 2014-97 - BC&CAN ORDINANCE OF • OF OF • !WN ("CITY"') AMENDING CHAPTER 2.36 OF ! i OF ORDINANCES RELATED TO CITY COMMISSIONS, COMMITTEES AN1 BOARDS; ! ORDINANCES • r RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING !PUBLICATIONAND SETTING AN EFFECTIVE DATE. WHEREAS, the City Council requested a review of the boards, commissions, and committees in connection with their strategic goals for upholding Georgetown as the City of Excellence; and CouncilWHEREAS, the City Attorney's office and the City Secretary's office collaborated to update the City • the purpose r details of boards,• • and committees;and WHEREAS, the City Council determined that certain revisions were necessary to Chapter 2.36 in order to facilitate the appointment process on the City's boards, commissions, and committees; and WHEREAS, the City Council determined that certain boards, commissions, or committees may need member participation on multiple boards, and WHEREAS, the City Council approved the first reading amending Chapter 2.36 on November 121, 2014. GEORGETOWN, • r g r. . • •• , r Ordinance Number: Page 1 of 2 Description. Chapter 2.36 Boards, Commissions, and Committees Date Approved. Y 2414 Section 2. Portions of the following chapters of the Code of Ordinances are hereby amendeN Section 3. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 4. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of the Charter '� 5' day of NOVeYVIWA-2 PASSED AND APPROVED ON SECOND READING on the e 2011 ATTEST: es ' a Brettle, City Secretary F.-Ilvatfe"T "PNIVINKOIL"s H Rr1dget4QiaprP,an, City Attorney THE TY OF GEORGETOWN: Ordinance Number: Page 2 of 2 Description: Chapter 2.36 Boards, Con-unissions, and Committees Date Approved: NOV. 9L 6- 2014 FOOTNOTE(S): --- (5)--- Edifor's note— Ord. No. 2011-20, § 2(Exh. A), adopted May 10, 2011, amended Chapter 2.36 in its entirety to read as herein set out. Fon-nerly, Chapter • pertained to similar subject matter and derived from Ord. No. 870144.019, § 2; Ord. No. 900021, §§ 3-6; Ord. No. 92-32, § 2, Ord. No. 2002-09, § 2; Ord. No. 2002-20, §§ 2-5.- Ord. No. 2002-47, § 2; Ord. No. 2004-41, § 2; Ord. No. 2007-16, §§ 2-4, and Ord. No. 2007-64, § 5 See. 2.36.010. - Duties of members. A. Commission, committee, and board members (hereinafter referred to as "Members") will represent unconflicted loyalty to the interests of the residents of Georgetown. This accountability supersedes any conflicting loyalty such as that to advocacy or interest groups and membership on other boards or staffs. This accountability supersedes the personal interest of any Board Member acting as an individual. B. Unless otherwise specified by federal law, state law, the City Charter, or other provisions of this Code of Ordinances, committees, commissions, and boards are responsible to and shall act as an advisory body to the Council and shall perform such duties and exercise such additional powers as may be described by ordinances and the Local Government Code not inconsistent with the provisions of the City Charter Committees, commissions, and boards play a unique and important role in this advisory capacity, assisting the Council to carry out its responsibilities for making the decisions which shape City policy. C. Each Member is responsible to attend meetings prepared to discuss the issues on the agenda. D. Attendance by Members is integral to success of the commission, committee or board. It is Council policy to require a minimum of 75 percent attendance of each Member at each regularly scheduled meeting including subcommittee meetings. A Member shall be allowed two excused absences for the Member's personal medical care, required medical care of a Member's immediate family member (as defined by City Ordinance), or Member's military service that shall not count against the 75 percent attendance requirement. Written notice shall be sent to a Member and the Member's City Council representative when it appears the Member may violate the attendance policy by being absent from more than 25 percent of regularly scheduled meetings, including subcommittee meetings. Excessive absenteeism may result in the Member being replaced by the Council. If a Member is removed from a committee, commission or board, that position shall be considered vacant and a new Member shall be appointed to the Board in accordance with Section 2.36.040 E. Committees, commissions, and boards, and their Members, shall comply with applicable City ordinances, rules and policies. Exhibit A — Chapter 2.36 "CITY COMMISSIONS, COMMITTEES AND BOARDS" Pagel of F. Members shall act and conduct themselves in a manner which will promote trust in their integrity, impartiality, and their devotion to the best interests of the City. During meetings, Members shall preserve order and decorum and shall conduct themselves in a manner which will not, either by conversation or activity, delay or interrupt the proceedings. Members shall not indulge in personalities, use offensive language, arraign the motives of other Members, charge deliberate misrepresentation, or use language tending to hold any Members, Council Members, the public, or the staff, in contempt. Members will comply with the directions of the presiding office. G. Each Member shall vote on all agenda items, except on matters involving a conflict of interest, substantial financial interest or substantial economic interest under state law, the City's Ethics Ordinance (Chapter 2.20, Code of Ordinances), or other applicable Laws, Rules and Policies. In such instances the Member shall make the required disclosures and shall refrain from participating in both the discussion and vote on the matter. The Member may remain at the dais or leave the dais, at the Member's option, while the matter is being considered and voted on by the other Board Members. Unless otherwise provided by law, if a quorum is present, an agenda item must be approved by a majority of the Board Members present at the meeting. H. Members are encouraged to be active in discussions and activities of the commission, committee or board, seeking to be innovative, creative, and freely sharing the skills and knowledge which prompted their appointment. I. Communication between the Council and the committees, commissions and boards is important to fulfilling their purpose. Committees, commissions and boards shall meet with City Council, as requested, to determine how to best serve and assist City Council. City Council shall hear reports from the committees, commissions and boards at regularly scheduled Council meetings. �. IN, J Pic a•Ge. A i -vote& ••- oi, rral -13�) as lic 1 Nquil-11-SlIallcol r*Tgl-- -Ilk W U oW I • 1,01[nance .•• at) e. • is required • the committee, commission • board to convene a meeting and to conduct business at a meeting. Committee, commission and board meetings shall be noticed, conducted and recorded in accordance with the provisions • the Texas • Meetings Act. K. Committees, commissions, and boards, and their Members, have no authority to expend funds or make obligations on behalf of the City unless authorized and approved by City Council. L. Members shall serve without compensation, but may be reimbursed for expenses reasonably incurred by them in the performance of their duties as Members when authorized by their respective committee, commission or board and the City Council. (Ord. No. 2012-85, § 2; Ord. No. 2012-52, § 2; Ord. No. 2011-20, § 2(Exh. A)) Exhibit A— Chapter 2.36 "CITY COMMISSIONS, COMMITTEES AND BOARDS" Page 2 of 4 Sec. 2.36.020. - Eligibility. A. It is the past practice and the present intent of the City Council that Section 9.01 of the City Charter (relating to Nepotism) shall not apply to appointments of persons to City boards, commissions, or committees that are advisory only and that exercise no final authority on behalf of the City. B. It is the intent of the City Council that as many persons as possible be invited to serve on the City's various boards, committees and commissions. To that end, no person shall serve as a Member of more than one board, commission or committee if other qualified applicants are available to serve, unless the ordinance or bylaws of one board, committee, or commission requires or allows the participation of a Member from another board, committee, or commission. If a person who serves on a board, committee or commission is appointed to another board committee or commission before the end of his or her existing term, acceptance of the new appointment shall operate as an automatic resignation from the position previously held. Notwithstanding the foregoing, the provisions of this Subsection shall not apply to persons appointed by the City Council to ad hoc or non -permanent advisory committees and such ad hoc committees may be comprised in whole or in part of persons who serve on the City's standing boards, committees, and commissions. C. City employees are not eligible to serve as board, commission or committee Members, unless otherwise required by law. (Ord. No. 2011-20, § 2(Exh. A)) Sec. 2.36.030. - Appointment, terms and organization. A. Unless otherwise approved by the City Council, the term of office for all committees, boards, and commissions of the City shall be two years in length with normal, yearly appointments. Unless otherwise approved by the City Council, no member shall serve more than two consecutive terms on the same board, committee, or commission. If reappointment beyond the original two consecutive terms is approved by City Council or if a vacancy occurs, appointments shall be made to preserve staggered membership terms on the board and ensure a balance between new and continuing members. B. Members shall continue to serve until reappointment for that position takes place. C. Members of the City's commissions, committees, and boards shall be appointed pursuant to the City Charter. D. Annual new member orientation shall occur within two weeks after the annual appointments are made to each commission, committee, or board. E. The City Council shall appoint a Chairman of the board, committee, or commission during the annual appointment process. Other officers are elected by a majority vote of the Members at the first meeting after the annual appointment process. The board, committee or commission shall select a vice-chairman, secretary and such other officers as it deems necessary. Officers serve for a term of one year. Exhibit A — Chapter 2.36 "CITY COMMISSIONS, COMMITTEES AND BOARDS" Page 3 of 4 F. Unless otherwise required by law. A Member of a committee, board or commission may be removed from their office or position for any reason or for no reason by a majority vote of the City Council. G. Except as otherwise required bylaw, if any provisions of the Code of Ordinances, or the bylaws of a board, committee, or commission require the appointment of individuals with certain qualifications, and no such qualified individual is available to serve at the time that the appointments are made, then such other individual, otherwise qualified to serve, may be appointed. (Ord. No. 2011-20, § 2(Exh. A)) See. 2.36.040. - Filling vacated term. A. Vacancies that arise during the year shall be filled as soon as reasonably possible in accordance with the City Charter and Section 2.36.030 for original appointments. B. An appointment to fill a vacated term is not included as a term for purposes of counting consecutive terms. (Ord. No. 2011-20, § 2(Exh. A)) See. 2.36.050. - Standing meeting date. Each March, the City Council shall recognize all outgoing members, introduce new members, and honor the volunteer effort of the commission, committee, and Board Members. (Ord. No. 2011-20, § 2(Exh. A)) Sec. 2.36.060. - Adoption of bylaws, rules or procedures. A. The Council may, after the effective date of the ordinance codified in this Chapter, adopt any rule or procedure to effectuate the provisions of this Chapter. B. Each board, committee, • commission shall .••• bylaws, subject to review and approval • City Council, in conformity with the City Charter, the Code of Ordinances, • with any other applicable law. The bylaws may be amended by majority vote • the Members at any regular meeting of the Board, • to approval • City Council. • No. 2011-20, § 2(Exh. A)) Sec. 2.36.070. - Conflict of Law. If any provision of this Chapter conflicts with state law then it shall be and is amended to comply with and conform to state law. (Ord. No. 2011-20, § 2(Exh. A)) Sec. 2.36.080. - Applicability of this Chapter to economic development corporations. The provisions of this Chapter shall not apply to corporations created by the City Council pursuant to the Development Corporation Act of 1979, as amended (Tex. Rev. Civ. Stat. Ann., Art. 5190.6). (Ord. No. 2011-20, § 2(Exh. A)) Exhibit A — Chapter 2.36 "CITY COMMISSIONS, COMMITTEES AND BOARDS" Page 4 of 4