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HomeMy WebLinkAboutAgenda_Ethics_04.17.2017Notice of Meeting for the Ethics Commission of the City of Georgetown April 17, 2017 at 6:00 PM at Main Floor Conference Room, City Hall, 113 E. 8th Street The City o f G eo rgeto wn is committed to comp lianc e with the Americans with Dis abilities Ac t (ADA). If yo u req uire as s is tanc e in participating at a p ublic meeting d ue to a disability, as d efined und er the ADA, reas onab le as s is tance, ad ap tatio ns , or acc o mmo d ations will b e provid ed up o n req uest. P leas e c o ntact the City Sec retary's Office, at leas t three (3) days prior to the sc hed uled meeting d ate, at (512) 930-3652 o r City Hall at 113 Eas t 8th Street fo r add itional info rmation; TTY us ers ro ute through Relay Texas at 711. Regular Session (This Regular S es s io n may, at any time, b e rec es s ed to convene an Exec utive S es s io n fo r any p urpose authorized b y the Op en Meetings Act, Texas Go vernment Co d e 551.) A Call Meeting to Ord er – Tim Smith, Chair B Co nsideration and possible actio n to approve the minutes o f the March 27, 2017 meeting – Tim Smith, Chair C Review and d is cus s io n o f the Ethic s Ord inanc e, S ectio n 2.20.040 of the Code o f Ordinanc es and the Ethics Co mmis s io n Bylaws – Tim Smith, Chair D Dis cus s ion regard ing future agendas and meeting dates and times – Tim S mith, Chair CERTIFICATE OF POSTING I, Shelley No wling, C ity S ecretary fo r the C ity of Geo rgeto wn, Texas , d o hereby c ertify that this Notice of Meeting was p o s ted at City Hall, 113 E. 8th Street, a p lace read ily acc es s ible to the general p ublic at all times , on the ______ d ay o f __________________, Ap ril 17, 2017, at __________, and remained s o posted fo r at least 72 co ntinuo us hours prec ed ing the s c heduled time of s aid meeting. ____________________________________ S helley No wling, City Sec retary Page 1 of 32 City of Georgetown, Texas Ethics Commission April 17, 2017 SUBJECT: Call Meeting to Order – Tim S mith, Chair ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: Shelley Nowling, C ity S ecretary Page 2 of 32 City of Georgetown, Texas Ethics Commission April 17, 2017 SUBJECT: Cons id eration and p o s s ib le ac tion to approve the minutes of the Marc h 27, 2017 meeting – Tim Smith, Chair ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: ATTACHMENTS: Description Type Meeting Minutes March 27, 2017 Cover Memo Page 3 of 32 Minutes of a Meeting of the Ethics Commission Of the City of Georgetown, Texas Monday, March 27, 2017 The Ethics Commission will meet on Monday, March 27, 2017 at 6:00 PM in the Main Floor Conference room of City Hall, 113 E. 8th Street, Georgetown, Texas. Call to Order at 6:00 PM Board may, at any time, recess the Regular Session to convene in Executive Session at the request of the Chair, a Board Member, the City Manager in his capacity as General Manager of the Ethics Commission, the Assistant City Manager, or legal counsel for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551, and are subject to action in the Regular Session that follows: REGULAR SESSION 1. Call Meeting to Order – Shelley Nowling, Board Liaison Shelley Nowling, the Ethics Commission Liaison, called the meeting to order at 6:03 PM. The Commission was provided documents for discussion and review. Nowling went through a bullet pointed list of important authorities and the role of the Ethics Commission. ETHICS COMMISSION • Each member of the City Council nominates a citizen from his or her district • The Ethics Commission has jurisdiction over ethics complaints involving City Officials • Service on the Ethics Commission does not preclude a member from filing a complaint with the Commission. That member must recuse himself from the Commission procedure • The Ethics Commission makes recommendations to the City Council regarding finding or revisions to the Chapter • Members serve a term of two years and no member may serve more than two terms consecutively • The Commission shall elect a Chairperson, Vice-Chairperson and Secretary o The Chairperson presides at Commission meetings and manages the business of the Commission o The Vice-Chairperson shall perform the duties delegated to the Vice-Chairperson by the Commission and serves as the Chairperson in his or her absence o The Secretary shall perform the duties delegated by the Commission • Five or more members of the Commission constitute a quorum and no action of the Commission shall be of any force or effect unless adopted by the favorable vote of five or more members • The Chairperson or three members may call a meeting, provided that reasonable notice is given to each member and the meeting is posted • All meetings will be recorded and written minutes will be provided Page 4 of 32 • Public notice of Commission meetings shall be posted in accordance with the provisions of the Texas Open Meetings Act. The Public is welcome and invited to attend Commission meetings and to speak on an item on the agenda • The Commission may conduct closed session matters, such as consultation with an attorney on legal matters, deliberation of real property, competitive utility matters and economic development negotiations • The provision of Section 2.20.70, pertaining to Confidentiality shall apply to the Commission and its proceeding with regard to a complaint filed Nowling administered the Oath of Office and Statement of Officer for each member. 2. Introduction of members – Shelley Nowling, Board Liaison All members made formal introductions to each other as they entered the meeting. 3. Election of Officers – Chair, Vice Chair and Secretary – Shelley Nowling, Board Liaison Discussion took place regarding the election of officers to the Ethics Commission. Motion by Cass Wheeler, second by Peggy Moore to elect Tim Smith as the Chairman of the Ethics Commission. Approved: 8-0 Motion by Cass Wheeler, second by Tim Smith to elect Peggy Moore as the Vice Chairman of the Ethics Commission. Approved: 8-0 Motion by Bob Glandt, second by Tim Smith to elect Kelly McClennahan as the Secretary of the Ethics Commission. Approved: 8-0 4. Review of the Role of the Ethics Commission, the Ethics Ordinance and the Ethics Commission Bylaws – Shelley Nowling, Board Liaison Discussion took place regarding the Ethics Commission members reviewing the Ethics Commission Bylaws, Charter and Ordinances. It was agreed that the members would review these documents and bring comments for discussion to a meeting that was scheduled for Monday, April 17, 2017 at 6:00 PM. This meeting will be held in the Main Floor Conference Room of City Hall, 113 E. 8th Street, Georgetown, Texas. ADJOURNMENT Motion by Cass Wheeler, second by Paula Trietsch Chaney to adjourn the meeting. Approved: 8-0 Chair Tim Smith adjourned the meeting at 6:35 PM. Page 5 of 32 Nowling notarized the Oath of Office and Statement of Officer forms. ________________________________________________________________________ Approved by the Ethics Commission ______________________________ Date ______________________________ ________________________ Board Chair Board Secretary Page 6 of 32 City of Georgetown, Texas Ethics Commission April 17, 2017 SUBJECT: Review and dis c us s ion of the Ethics Ord inanc e, Sec tion 2.20.040 o f the Co d e of Ord inances and the Ethic s Co mmis s ion Bylaws – Tim Smith, Chair ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: ATTACHMENTS: Description Type Ethics Ordinance Cover Memo Ethics Commis s ion Bylaws Cover Memo Section 2.20.040 Ethics Commis s ion Purpose & Role Cover Memo Page 7 of 32 Page 8 of 32 Page 9 of 32 Page 10 of 32 Page 11 of 32 Page 12 of 32 Page 13 of 32 Page 14 of 32 Page 15 of 32 Page 16 of 32 Page 17 of 32 Page 18 of 32 Page 19 of 32 Page 20 of 32 Page 21 of 32 Page 22 of 32 Ethics Commission Bylaws April 25, 2013 Page 1 of 6 BY-LAWS OF THE CITY OF GEORGETOWN ETHICS REVIEW COMMISSION ARTICLE I. NAME AND PURPOSE Section 1.1. Name: The name of this commission is the “Ethics Review Commission,” and is sometimes referred to herein as “the Commission.” Section 1.2. Purpose. The purpose of the Commission is to administer and to review annually Chapter 2.20 of the City Code of Ordinances relating to Ethics. ARTICLE II. MEMBERSHIP Section 2.1. Number of Members. The Commission consists of eight (8) members; one from each district and one citizen from the City at large. See Ordinance Section 2.20.040A. Section 2.2. Eligibility. Each Member shall reside within the City of Georgetown corporate limits. Section 2.3. Appointment of Board Members. Each member of the City Council may nominate a citizen from his or her district to serve on the Commission, and the Mayor may nominate one citizen from the City at large. Nominations must be confirmed by a vote of the City Council. See Ordinance Section 2.20.040A. Section 2.4. Terms of Office. Generally, terms of office for each Member shall be two (2) years. Generally, a Member may serve two (2) consecutive terms. See Ordinance Section 2.20.040B or additional provisions regarding terms of office. Section 2.5. Vacancies. Vacancies that occur during a term shall be filled as soon as reasonably possible and in the same manner as an appointment in accordance with the City Charter and Chapter 2.20 of the Code of Ordinances. If possible, the Member shall continue to serve until the vacancy is filled. An appointment to fill a vacated term is not included as a term for purposes of counting consecutive terms. Section 2.6. Compensation and Expenditure of Funds. Members serve without compensation. The Commission and its Members have no authority to expend funds or incur an obligation on behalf of the City unless authorized and approved by the City Council. Members may be reimbursed for expenses authorized and approved by the City Council and the Commission. Page 23 of 32 Ethics Commission Bylaws April 25, 2013 Page 2 of 6 Section 2.7. Compliance with City Policy. Members will comply with City Ordinances, Rules and Policies applicable to the Commission and the Members, including but not limited to Ethics Ordinance Chapter 2.20 and City Commissions, Committees, and Boards Ordinance Chapter 2.36. Section 2.8. Removal. Any Member may be removed from their position on the Commission for any reason, or for no reason, by a majority vote of the City Council. See Ordinance Section 2.20.040D. ARTICLE III. COMMISSION OFFICERS Section 3.1. Officers. The Commission Officers are Chairman, Vice-Chairman, and Secretary. The Commission shall elect a Chairperson, Vice-Chairperson, and Secretary at its annual meeting. See Section 2.20.040Efor additional provisions regarding Officers. Section 3.2. Terms of Office for Commission Officers. Commission Officers serve for a term of one year. In the event of vacancy in the office of Chairman, the Vice- Chairman shall serve as Chairman until the Commission elects a replacement Chairman. A vacancy in the other offices shall be elected by majority vote of the Members at the next regularly scheduled meeting, or as soon as reasonably practical for the unexpired term. If possible, a Commission officer shall continue to serve until the vacancy is filled. Section 3.3. Duties. a. The Chairman presides at Commission meetings. The Chairman shall generally manage the business of the Commission. The Chairman shall perform the duties delegated to the Chairman by the Commission. b. The Vice-Chairman shall perform the duties delegated to the Vice-Chairman by the Commission. The Vice-Chairman presides at Commission meetings in the Chairman’s absence. The Vice-Chairman shall perform the duties of the Chairman in the Chairman’s absence or disability. c. The Secretary shall perform the duties delegated to the Secretary by the Commission. Page 24 of 32 Ethics Commission Bylaws April 25, 2013 Page 3 of 6 ARTICLE IV. MEETINGS Section 4.1. Time and Date of Regular Meeting. The Commission shall meet when necessary to carry out its responsibilities, but in any event the Commission shall hold an annual meeting during March to elect officers, and to review Chapter 2.20 of the Code of Ordinances, the Ethics Commission By-laws, and the Hearing Procedures appended hereto. Section 4.2. Agenda. Items may be placed on the agenda by the Chairman, by the City Manager or designee, or at the request of a Member. The party (or individual) requesting the agenda item will be responsible for the preparation of an agenda item cover sheet and for the initial presentation at the meeting. Items included on the agenda must be submitted to the Staff Liaison no later than one week before the Commission meeting at which the agenda item will be considered. Agenda packets for regular meetings will be provided to the Members in advance of the scheduled Commission meeting. Agenda packets will contain the posted agenda, agenda item cover sheets, and written minutes of the last meeting. Section 4.3. Special Meetings. Special meetings may be called by the Chairman or by three (3) members of the Commission. Section 4.4. Quorum. A quorum shall consist of a majority of the Members. A quorum is required for the Commission to convene a meeting and to conduct business at a meeting. Section 4.5. Call to Order. Commission meetings will be called to order by the Chairman, or if absent, by the Vice-Chairman. In the absence of both the Chairman and Vice-Chairman, the meeting shall be called to order by the Secretary, and a temporary Chairman shall be elected to preside over the meeting. Section 4.6. Conduct of Meeting. Commission meetings will be conducted in accordance with these Bylaws and Council Meeting Rules and Procedures, as applicable to the Commission. See Ordinance Chapter 2.24. Section 4.7. Voting. 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, or other applicable Laws, Rules and Policies. In such instances the Member is shall make the required disclosures and shall refrain from participating in both the discussion and vote on the matter. Page 25 of 32 Ethics Commission Bylaws April 25, 2013 Page 4 of 6 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 Commission Members. Unless otherwise provided by law, if a quorum is present, an agenda item must be approved by a majority of the Commission Members present at the meeting. Section 4.8. Minutes. A recording or written minutes shall be made of all open sessions of Commission meetings. The Staff Liaison is the custodian of all Commission records and documents. Section 4.9. Attendance. Members are required to attend Commission meetings prepared to discuss the issues on the agenda. A Member shall notify the Chairman and the Staff Liaison if the Member is unable to attend a meeting. Excessive absenteeism will be subject to action under Council policy and may result in the Member being replaced on the Commission. See Ordinance 2.36.010D. Excessive absenteeism means failure to attend at least 75% of regularly scheduled meetings, including Commission meetings and Subcommittee meetings. If a Member is removed from the Commission that position shall be considered vacant and a new Member shall be appointed to the Commission in accordance with Section 2.5 above. Section 4.10. Public Participation. In accordance with City policy, the public is welcome and invited to attend Commission meetings and to speak on any item on the agenda. A person wishing to address the Commission must sign up to speak in accordance with the policy of the Council concerning participation and general public comment at public meetings. Sign-up sheets will be available and should be submitted to the Chairman prior to the start of the meeting. If any written materials are to be provided to the Commission, a copy shall also be provided to the Staff Liaison for inclusion in the minutes of the meeting. Speakers shall be allowed a maximum of three minutes to speak, but may take up to six minutes if another individual who signs up to speak yields the time to the speaker. If a person wishes to speak on an issue that is not posted on the agenda, they must file a written request with the Staff Liaison no later than one week before the scheduled meeting. The written request must state the specific topic to be addressed and include sufficient information to inform the Commission and the public. A person who disrupts the meeting may be asked to leave and be removed. Section 4.11. Open Meetings. Public notice of Commission meetings shall be provided in accordance with the provisions of the Texas Open Meetings Act. Page 26 of 32 Ethics Commission Bylaws April 25, 2013 Page 5 of 6 All Commission meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. Section 4.12. Closed Sessions. The Commission may conduct closed sessions as allowed by law, on properly noticed closed session matters, such as consultation with attorney on legal matters, deliberation regarding the value of real property, competitive utility matters, and economic development negotiations. A recording or certified agenda shall be made of all closed sessions of Commission meetings. ARTICLE V. REPORTS TO CITY COUNCIL The Commission shall meet with City Council, as requested, to determine how the Commission may best serve and assist City Council. City Council shall hear reports from the Commission at regularly scheduled Council meetings. ARTICLE VI. SUBCOMMITTEES Section 6.1. Formation. When deemed necessary by a majority of the Commission, Subcommittees may be formed for specific projects related to Commission matters. Subcommittees comprised of non-Members may only be formed with the prior consent and confirmation of the City Council. Section 6.2. Expenditure of Funds. No Subcommittee, or member of a Subcommittee, has the authority to expend funds or incur an obligation on behalf of the City or the Commission. Subcommittee expenses may be reimbursed if authorized and approved by the Commission or by City Council. Section 6.3. Open Meetings. Subcommittee meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. ARTICLE VII. HEARINGS Section 7.1. Hearing Procedures. The procedural rules applicable to Commission Hearings (“Hearing Procedures”) are appended hereto and adopted by reference for all purposes as if set forth in full. These Hearing Procedures shall govern all Preliminary and Final Hearings on Complaints filed pursuant to Chapter 2.20 of the City Code of Ordinances. Page 27 of 32 Ethics Commission Bylaws April 25, 2013 Page 6 of 6 Section 7.2. Public Comment. No general public comment shall be admitted at a Preliminary Hearing or Final Hearing. Section 7.3. Confidentiality. The provisions of Section 2.20.070) pertaining to Confidentiality shall apply to the Commission and its proceedings with regard to a Complaint filed pursuant to Chapter 2.20 of the City Code of Ordinances. ARTICLE VIII. BYLAW AMENDMENTS These Bylaws may be amended by majority vote of the Commission Members at any regular meeting of the Board Commission. The Commission’s proposed amendments to the Bylaws must be approved by City Council. Bylaw amendments are not effective until approved by City Council. Approved and adopted at a meeting of the City Council on the _____ day of ____________________, 2013. ATTEST: THE CITY OF GEORGETOWN _____ _____ City Secretary Mayor Approved and adopted at a meeting of the Ethics Commission on the ______ day of _________________, 2013. ATTEST: COMMISSION _____ _____ Commission Secretary Commission Chairman Page 28 of 32 Page 29 of 32 Page 30 of 32 Page 31 of 32 City of Georgetown, Texas Ethics Commission April 17, 2017 SUBJECT: Disc ussion regarding future agend as and meeting d ates and times – Tim Smith, C hair ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: Page 32 of 32