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HomeMy WebLinkAboutAgenda CC 08.28.2018 WorkshopNotice of M eeting of the Governing B ody of the City of Georgetown, Texas August 2 8, 2 0 1 8 The Ge orgetown City Council will meet on August 2 8, 2018 at 3:05 PM at the City Council Chambers, 101 E. 7th Street, Georgetown, Texas The City o f Georgetown is committed to co mpliance with the Americans with Disabilities Act (ADA). If you re quire assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or ac c ommo datio ns will be provided upo n request. P lease contact the City Se c retary's Office, at least three (3 ) days prio r to the scheduled meeting date, at (512) 930- 3652 o r City Hall at 113 East 8th Street fo r additional information; TTY use rs ro ute through Relay Texas at 7 11. Policy De ve lopme nt/Re vie w Workshop - A Prese ntation and discussion of a stake holder survey regarding the Downto wn Overlay District and Old Town Overlay District Guideline s -- Sofia Nelson, Planning Director B Prese ntation, update and discussion regarding the City Council's Visio n and Strategies -- David Morgan, City Manager and Jack Daly, Assistant to the City Manager C Prese ntation and discussion of the City’s 2 030 Comprehensive P lan Update P rocess -- Nat Waggo ner, AICP, Long Range Planning Manager and Susan Watkins, AICP, Ho using Coordinator D Prese ntation and discussion of the Interlocal Agreement for Fire Pro tectio n and Emergency Se rvices Between the City of Georgetown, TX and Williamson County Emergency Services District #8 -- John Sullivan, Fire Chief E Prese ntation and discussion conc e rning ethics -- Jack Daly, Assistant to the City Manager and Skye Masson, Assistant City Attorney Exe cutive Se ssion In compliance with the Open Meetings Ac t, Chapter 551, Government Co de , Verno n's Texas Codes, Annotate d, the items listed below will be discussed in closed session and are subject to action in the regular se ssio n. F Se c . 55 1.0 71 : Consul tati on wi th Atto rney Advic e from attorney about pending o r contemplated litigation and othe r matters on which the attorney has a duty to advise the City Co uncil, including agenda items - Putnam v. City of Georgetown Se c . 55 1:0 74 : Personnel Matte r s City Manager, City Attorney, City Se c retary and Municipal Judge: Consideration of the appointment, employment, evaluatio n, reassignment, duties, discipline, o r dismissal Se c . 55 1.0 87 : Del i berati on Regardi ng Eco nomi c Devel opment Ne go ti ati ons - Pro ject Racket - Pro ject Tiger - Pro ject Toms Page 1 of 132 Adjournme nt Ce rtificate of Posting I, Shelley No wling, City S ecretary for the C ity of Geo rgeto wn, Texas , do hereby c ertify that this Notic e o f Meeting was posted at City Hall, 113 E. 8th Street, a p lac e read ily acc es s ib le to the general pub lic at all times , o n the _____ day of _________________, 2018, at __________, and remained so p o s ted for at leas t 72 c o ntinuo us ho urs p receding the s cheduled time of s aid meeting. __________________________________ Shelley No wling, City S ecretary Page 2 of 132 City of Georgetown, Texas City Council Workshop August 28, 2018 SUBJECT: P resentation and discussion of a stake holder survey regarding the Downtown Overlay District and Old Town Overlay District Guidelines -- So fia Nelson, Planning Dire c to r ITEM SUMMARY: Purpose of P rese ntati o n The purpose of this presentation is to discuss the preparation of a public engageme nt plan fo r the purpose of se e king feedback from a variety of stakeholders on how to improve the development process for pro pe rtie s within histo ric Georgetown. Presentati on Outl i ne This presentatio n will include the following: Goals o f the engagement process Stakeholde rs Methods fo r engagement Use of stake holder feedback Timeline fo r completion Requested Fee dbac k Staff requests the follo wing direction from City Co uncil: Are there additio nal to pics for engagement that staff should seek feedback o n? Are there additio nal stakeholders that nee d to be involved in this process? Will the identified methods for engaging stakeho lders support the level of feedback desired by City Council? FINANCIAL IMPACT: n/a SUBMITTED BY: Sofia Nelson, P lanning Director ATTACHMENT S: Description wo rksho p pres entation Page 3 of 132 Historic Georgetown Development Process City Council Workshop August 28,2018 Page 4 of 132 Purpose of Presentation Discuss the preparation of a public engagement plan for the purpose of seeking feedback from a variety of stakeholders on how to improve the development process for properties within historic Georgetown. Page 5 of 132 Presentation Outline •Goals of the engagement process •Stakeholders •Methods for Engagement •Use of Stakeholder Feedback •Timeline for Completion Page 6 of 132 Requested Direction from City Council •Are there additional topics for engagement staff should seek feedback on? •Are there additional stakeholders that need to be involved in this process? •Will the identified methods for engaging stakeholders support the level of feedback desired by City Council? Page 7 of 132 Goals for Engagement Process •Gain insight and input from stakeholders on the following: –Experience seeking COA approval –Opportunities to streamline the development process for properties subject to the COA process –Opportunities to create a more predictable set of review criteria for properties subject to the COA process Page 8 of 132 Stakeholders •City Council •HARC Commissioners •City Staff •Applicants –Current –Past –Potential Future Page 9 of 132 Topics for Engagement •Development Process •Predictability of timelines •More objective criteria for COA review •Approval Criteria •Consistency in the application of the UDC and adopted Design Guidelines •Areas for Improvement Page 10 of 132 Methods for Engagement •Survey of stakeholders •Focus groups •Office hours with City Staff •Public Meeting Page 11 of 132 How will we use this information? •Staff will receive and distill the stakeholder feedback. •Prepare an executive summary for City Council to consider options to: –revise COA criteria –changes to approval process based upon structure classification, location, type of work. –improve HARC training, application materials, etc. Page 12 of 132 Timeline for Completion •Engagement to take place prior to 10/5 meeting to allow for evaluation by City Council on 10/23 Page 13 of 132 Requested Direction from City Council •Are there additional topics for engagement staff should seek feedback on? •Are there additional stakeholders that need to be involved in this process? •Will the identified methods for engaging stakeholders support the level of feedback desired by City Council? Page 14 of 132 City of Georgetown, Texas City Council Workshop August 28, 2018 SUBJECT: P resentation, update and discussion regarding the City Council's Vision and Strategie s -- David Morgan, City Manage r and Jack Daly, Assistant to the City Manager ITEM SUMMARY: In November, City Council participate d in two 3-hour strategy sessions. The purpo se of these se ssio ns was to revisit and confirm or refre sh the Council’s ro le, their rules o f engagement, their go als, and the City’s vision statement. Ultimately, City Council developed nine strategies that, if e xecuted, will ac hieve their goals. City Co unc il also confirmed the vision statement for the City. Staff develo ped a series of narratives associated with each strategy and confirme d that the narratives reflect Counc il’s intent. Attached is a draft presentation, as well as a list o f tactics associated to eac h strategy. P ending Council direction, staff plans to co ntinue to execute these tactics over the course of the c oming fiscal year. These tactics will wo rk to wards achieving each strategy, and ultimately work to achieve Co uncil’s goals for the City. FINANCIAL IMPACT: None at this time . SUBMITTED BY: Jackson Daly ATTACHMENT S: Description Goals and Strategies Presentatio n Page 15 of 132 Council Strategy Update August 28, 2018 Page 16 of 132 Agenda •Background on Council goal setting process •Review progress on tactics associated with each strategy •Direction and next steps Page 17 of 132 Background •Revisited Council goals on November 1 & 2 •Confirmed – –Role of Council –Rules of Engagement –Vision statement –Council Goals •Refined Council Strategies –Went from 14 to 9 strategies •Confirmed narratives with each strategy –Confirmed tactics for each strategy in March Page 18 of 132 Legend Complete Progress made, ongoing •On work plan City of GeorgetownPage 19 of 132 Page 20 of 132 1.Become a destination for unique experiences City Council recognizes the shifting trends related to how people spend their time and money. People are increasingly interested in “experiential entertainment”. Changes in retail growth and sales tax collections reflect these trends. People want authentic and memorable experiences . Georgetown is well-positioned to promote itself as a destination city, distinct and unique from other cities in the state. Page 21 of 132 1.Become a destination for unique experiences •Downtown Continue Music on the Square Increase opportunities to have music year round in commercial and public areas –Continue to pursue the festival street between 8th and 9th Streets •Rivers/Trails –Improve signage along trails promoting access to downtown, the Sheraton, and trail extensions Approval of Guy Tract development, including 2 miles of trails along river Trail easement at Wolf Crossing –Continue to explore a river crossing on the North San Gabriel River Page 22 of 132 1.Become a destination for unique experiences •Garey Park Promote Garey House as an event venue/destination Market Garey Park to a wide variety of users due to the diversity of amenities in the park –Develop Special Events that bring new visitors to Garey Park •Retail Encourage destination retail that takes advantage of Georgetown’s unique assets Increased gas capacity in downtown Negotiating sale of city -owned buildings downtown Page 23 of 132 2.Create a strategy to increase mobility The most recent Citizen Survey highlights mobility as a key challenge for Georgetown . In 2015, Georgetown voters approved the largest transportation bond in the City’s history. The Council has been strategic in its debt program to ensure adequate investment in infrastructure, while managing the impact of debt on taxpayers. The City’s road network is its most valuable asset . It is important that City Council continues to have discussions regarding innovative approaches to street maintenance and to adequately fund the maintenance program. Furthermore, City Council recognizes the importance of capitalizing on partnerships within the region to make transportation infrastructure more feasible. Collaboration on master planning efforts and sharing costs will help Georgetown prepare for increased demand on the transportation network. Although a majority of the investment will be on roadway infrastructure, this also includes collaborating on multi-modal projects such as sidewalk and bicycle infrastructure.Page 24 of 132 2.Create a strategy to increase mobility Continue to review and update development standards to ensure good connectivity standards for vehicles and pedestrians Neighborhood traffic management program Complete 2015 transportation bond Continue progress on future mobility planning Bike plan and sidewalk plan implementation Maintain relationships with key intergovernmental partners (Wilco, TXDOT, CAMPO) Explore innovative tools to supplement public transportation Lyft pilot Page 25 of 132 3.Promote greater diversity in our population and our businesses City Council recognizes that diversity across all aspects of society helps ensure better decision making. Diversity in thought leads to better outcomes . Diversity helps the City hedge against changes in the environment and economy. A broad range of businesses and employers should be recruited to Georgetown . Generally, growing the commercial tax base in the City will help alleviate over reliance on residential property taxes . A diverse business sector necessitates a diverse housing stock . A variety of services, resources, and amenities should be made available to residents, including seniors, families, and young professionals. Page 26 of 132 3.Promote greater diversity in our population and our businesses Update the Comprehensive Plan for development Complete a housing analysis for a more in-depth understanding of housing needs and diversity of existing inventory Implement development policy that encourages mixed-use development that enhances density and accessibility to services and amenities Implement targeted recruitment of companies within targeted industries (professional services, life sciences, advanced manufacturing, destination retail) to aid in the diversification of industries Encourage speculative development and site readiness to aid in business recruitment and development. Work to diversify workforce development and recruitment with special emphasis on young professionals and veterans. Support veteran’s job fair and Georgetown Young Professionals Page 27 of 132 4.Create and maintain outstanding aesthetics and a welcoming appearance and spirit Georgetown has several key gateways leading into the City. Moreover , Georgetown serves as the northern gateway to the Austin region . As such, particular attention and resources need to be directed towards ensuring gateways are well -maintained and adhere to a high development standard. As the City progresses through the comprehensive plan update, specific focus needs to be placed on developing a more refined vision and master plan for the City’s gateways . Costs associated with maintaining publically owned rights -of -way (including state- owned property) need to be appropriated and expended at a level consistent with Council’s vision. Page 28 of 132 4.Create and maintain outstanding aesthetics and a welcoming appearance and spirit •Identify and Review Development Standards Complete comprehensive master plan to establish vision for gateways –Establish goals for PUDs to emphasize aesthetics and welcoming appearance and spirit. •Review Gateway locations to ensure focus and priority on the correct locations –Prioritize gateways and establish a level of service for litter pickup, landscaping, beautification, and maintenance. –Review and establish cleanup priorities for special events Enhance opportunities for public art –Review gateway signage welcoming visitors to Georgetown-some gateways do not have signage and existing signage can be enhanced •Continue and Increase Stewardship of all Public Rights of Way –Set metrics for reporting to ensure maintenance goals are met –Establish cohesive standard spec for public improvements in general and at major intersections (i.e. street signs, street lights, mast arms etc.) Page 29 of 132 5.Annexation and MUD strategy Changes in state law and significant population growth have accelerated the need for City Council to adopt new annexation strategies. The continued influx of Municipal Utility District (MUD) requests is triggering the need for the Council to revisit its policies and procedures related to these types of developments. These two challenges in tandem exacerbate the need for the City to address its strategies, policies, and procedures related to MUDs and annexation. The City has worked extensively with developers to assist them in delivering creatively financed residential products to Georgetown. As laws related to annexation change, the City must be thoughtful in its approach to permitting development in the extraterritorial jurisdiction that may negatively impact the City in the future. Promoting high-quality growth and equitable taxation and services is a priority for the City. Page 30 of 132 5.Annexation and MUD strategy Annexation Strategy Move forward with annexation and development agreements as prioritized by Council MUD and PID Policy Approved updated MUD Policy –Consider new PID Policy –Amend UDC for compliance with new policies Page 31 of 132 6.Monitor, promote, and communicate a long-term water and utilities plan and strategy City Council recognizes the importance of thoughtful utility management . As a purveyor of water, electricity, and wastewater services, it is imperative that the City both effectively manage and communicate plans associated with all city-owned and operated utilities . Acknowledging that the Texas electric and water markets are continually in flux and will always experience changes, solutions need to be presented to ensure the City’s financial position remains strong, rates remain competitive, high -quality customer service is emphasized, and ample resources are available to serve the continually growing population in the City’s service area. Page 32 of 132 6.Monitor, promote, and communicate a long-term water and utilities plan and strategy •Financial Position Remains Strong Quarterly financial updates to Boards & Council (ongoing) •Rates Remain Competitive: Complete Rate Studies •High Quality Customer Service Emphasis Improve customer communication regarding CIS features Outreach events (ongoing) Page 33 of 132 6.Monitor, promote, and communicate a long-term water and utilities plan and strategy Ample Resources Continue providing Council with annual Electric/Water Integrated Resource Plan (IRP) updates (ongoing) Based on IRP, appropriately secure resources and evaluate demands Incorporate key points of IRP (Why’s) into utility communications •Water Conservation –Improve community understanding of the relationship between “Ample Water Resources” and the long term need for Water Conservation (ongoing) –Complete the 2019 Conservation Plan Update Continue existing water conservation programs (ongoing) Develop customer specific, direct marketing programs Page 34 of 132 Are we running out of water? Page 35 of 132 7.Expand on our reputation as a City of Innovation The City executed purchased power agreements to cover Georgetown’s energy usage with 100% renewable energy, making Georgetown one of the largest city-owned utilities to do so. This alone has helped Georgetown brand itself as an innovative city and garnered international acclaim. City Council recognizes that in an environment where taxation is limited and there is increasing regional competition for taxable value and natural resources, the City must find effective solutions and inventive methods of service delivery. Being a forward-thinking organization will allow Georgetown to elevate its profile in the region and recruit like-minded businesses and residents .Page 36 of 132 7.Expand on our reputation as a City of Innovation Cultivate a culture of continuous improvement Citywide implementation of performance management program (PMP) Deploy GUS Business Improvement Program (BIP) citywide Leverage opportunities and encourage discipline to partner on innovative ideas Bloomberg Philanthropies, DOE Grant, Community Resource Coordinator, Georgetown Health Foundation •Explore feasibility of developing an Innovation Road Map Page 37 of 132 8.Increase our influence with State Government The City of Georgetown and the State of Texas are partners . Increasingly, the Texas Legislature has raised concerns about city decision making, and State pre- emption of local authority continues to be a topic of interest at the State Capitol . As Georgetown continues to elevate its presence in the region and in the state, the City Council recognizes the importance of dedicating time and resources to ensure the City’s interests are protected. The City must work with State officials to find common ground and shared goals . That said, there will be disagreements . However , it is important that the City work to build and maintain positive relationship with state agencies and elected officials. Page 38 of 132 8.Increase our influence with State Government Be deliberate and proactive in relationship building with elected officials and staff Continue to work and become more involved with TML’s legislative initiatives TML Policy Development –TML conference Continue work with legislative consultants Refine communications strategy and legislative agenda for next legislative session Page 39 of 132 9.Expand our role to develop collaborative strategies with GISD, Southwestern, and other entities To remain competitive in the region, City Council recognizes the importance of investing in opportunities for young people. A healthy educational systems is critical to ensuring a successful community. Georgetown I.S.D. and Southwestern University are integral pillars in the community and key city partners with the City. All three entities must work in concert to maximize the impact of limited resources. The City is well-positioned to provide services and opportunities for youth to further their education or career in Georgetown. The City is also fortunate to be able to partner with Southwestern University to capitalize on their thought -leadership and resources to further opportunities for college students and graduates. Page 40 of 132 9.Expand our role to develop collaborative strategies with GISD, Southwestern, and other entities Parks -Leadership Camp (June 25 –28) •Youth Advisory Board –Elevate board to liaison position between G.I.S.D. and City of Georgetown –Involve YAB with youth portion of PD’s CommUNITY Initiative –Broader city involvement with Georgetown Project Collaborate with GISD and the Chamber on Manufacturers Day and Career Day for juniors and seniors Page 41 of 132 9.Expand our role to develop collaborative strategies with GISD, Southwestern, and other entities •Southwestern Interns –Centralize or coordinate internship program –Bigger City presence at SU Job Fair –Coordinate internship requirements to not preclude SU students •PD Continue to promote Explorer Post Youth Academy (June 11-14, June 18-21, July 9-12, July 16-19, July 23-26) Continue Chase-the-Chief Page 42 of 132 9.Expand our role to develop collaborative strategies with GISD, Southwestern, and other entities •FD Continue to promote Explorer Post Youth Fire Camps (June 4 –8, June 18 -22) –Explore feasibility of fire academy at high schools •Library Continue to promote Library Advisory Board Continue summer youth employment program with the Georgetown Project Continue offering youth volunteer opportunities Continue supporting youth programming on weekends, school holidays, and summer •GUS Continue to support sustainability efforts of G.I.S.D. and SU Page 43 of 132 Next Steps •Feedback from Council –Modifications and adjustments to tactics –Staff to take input and incorporate tactics into the work plan, and will report back to Council with more definitive timelines and progress •Update in late-2018 Page 44 of 132 City of Georgetown, Texas City Council Workshop August 28, 2018 SUBJECT: P resentation and discussion of the City’s 2030 Comprehensive Plan Update Proce ss -- Nat Waggoner, AICP, Lo ng Range P lanning Manager and Susan Watkins, AICP, Housing Co ordinator ITEM SUMMARY: In April 20 18 , the City initiated an update to the 2 03 0 Comprehensive P lan. As guided by Co uncil, the purpose of the Update is to align current development processes, including the recently adopte d Fiscal Impact Model and departme ntal master plans, and deliver an updated Future Land Use Map, Ho using Element, Housing Toolkit, Williams Drive Subare a P lan and Gateway Plan. Included in the Update process are strate gies to suppo rt Council’s goals for the Comprehe nsive P lan implementatio n plan to exist in a format that is useful to staff, the boards/commissio ns and the general public alike. The Update includes six (6) phases: initiation, project alignment, te chnical studies, implementation strategies, plan approval and pro ject clo seo ut and is anticipated to be co mplete in the fall of 2019. At this meeting, city staff will provide Council an update o f the project including a detailed discussion of the major tasks and public engageme nt strategies. FINANCIAL IMPACT: None SUBMITTED BY: Nat Waggoner, PMP, AICP ATTACHMENT S: Description wo rksho p pres entation Page 45 of 132 2030 PLAN UPDATE City Council Update| August 28, 2018 Page 46 of 132 PURPOSE OF THE PRESENTATION •Provide an update on progress on the 2030 Plan Update •Receive Council feedback on upcoming public engagement opportunities •Request for support to engage the public Page 47 of 132 AGENDA •Recap of Previous City Council Workshop •Project Schedule •Overall Comprehensive Plan Update Process •Project Calendar •Technical Studies •Overview of Steering Committee Meetings (to date) •Public Engagement •Activities to date •Citywide Engagement Day (On the Table/National Night Out) •Next Steps Page 48 of 132 RECAP OF PREVIOUS CITY COUNCIL WORKSHOP •October 2018 workshop •Direction on elements and outcomes of the Plan •February 2018 workshop •Direction on the use of the Steering Committee and joint CC/P&Z meetings •March 2018 Action item •Approval of Contract with Freese and Nichols •Appointment of Steering Committee Page 49 of 132 Project Schedule Page 50 of 132 UPDATE PROCESS Technical Advisory Committee Steering Committee Joint Sessions P&Z/Council General Public Alignment Updated Demographics Housing Element Update Housing Toolkit Gateway Development Strategies Williams Drive Subarea Plan Growth Scenarios Future Land Use Map Update Public Engagement Implementation Strategies AdoptionPage 51 of 132 PROJECT CALENDAR Page 52 of 132 Technical Studies Page 53 of 132 STEERING COMMITTEE –TOPICS DISCUSSED Vision Statement (June) Public Engagement Plan (June) City Charter, Charter prescribed elements (June) 2030 Plan Elements, Alignment (July) Utility Buildout Information (August) Housing Element purpose, industry terms (August) Future Land Use Plan (August) Demographics (August) Page 54 of 132 TECHNICAL STUDIES -IN PROGRESS Alignment •Charter prescribed elements •Contributing master plans •Development processes Future Land Use Plan Sub Area PlansHousing Element Target Industry and Workforce Analyses Fiscal Impact Model Parks, Rec., and Trails Master Plan Utility Master Plan Airport Master Plan Williams Drive Study Downtown Master Plan Overall Transportation Plan Page 55 of 132 TECHNICAL STUDIES -IN PROGRESS Demographics •State of the City Snapshot Williamson Co.Georgetown Owner- Occupied Renter- Occupied 2.46 2.45 3.07 2.66 Source: U.S. Census Bureau, 2016 ACS4791,354 2,447 2,790 2,096 2,871 3,583 3,682 4,951 5,218 6,395 9,468 14,842 28,339 47,400 0 10,000 20,000 30,000 40,000 50,000 60,000 1964 1976 1986 2008 Compound Annual Growth Rates (CAGR) between Comprehensive Plans 1964 -1976: 3.2% 1976 -1986: 3.8% 1986 -2008: 6.6% Household Size Page 56 of 132 TECHNICAL STUDIES -IN PROGRESS Housing Subarea Profiles •Housing Diversity (type, lot size) •Housing Choice (square footage, price point) •Housing Stock (Market rate and subsidized) •Historic Housing Stock (2008- 2018) Page 57 of 132 TECHNICAL STUDIES Neighborhood Profiles and Preservation Analysis –fall 2018 Gateway Studies –fall 2018 Williams Drive Subarea Plan –fall 2018 Growth Scenarios –winter 2018 Future Land Use Map –winter 2018/spring 2019 Housing Tool Kit –spring/summer 2019 Page 58 of 132 Public Engagement Page 59 of 132 PUBLIC ENGAGEMENT PLAN •2030.Georgetown.org •Goals •Strategies •Engagement Opportunities •Public Meetings •Virtual Participation •Meetings-to-go •Surveys •Idea Boards •Outreach events •Request a Planner Page 60 of 132 PROGRESS TO DATE •Progress to date •3 Steering Committee meetings •4 Technical Advisory meetings •7 outreach events, 147 participants •7 Board and Commission presentations (3 more in September) •Real Estate Round Table (realtors, builders, developers, and finance professionals) •Online survey (over 875 participants) •Housing Inventory & Analysis (Housing Element) Page 61 of 132 COMMUNITY SURVEY •Why did you choose to live in Georgetown ? •What do you like most about living in Georgetown? •Which places do you visit most in Georgetown? •What should Georgetown look like in 2030? •Zip Code •Describe your connection •Live in Georgetown •Work in Georgetown •Live outside of the City but in Williamson County •Used to live in Georgetown •Hope to live in Georgetown Page 62 of 132 PUBLIC MEETING #1 –10/2/18 •Citywide, 1 day engagement lead by the City in partnership with businesses, community leaders, neighborhoods •Designed to: •Maximize participation •Innovate in our approach to public engagement •Get folks excited participating in overall process •Easy, Simple format •Coupled with National Night Out Page 63 of 132 NEXT STEPS •Request for Support •Please share the current survey with friends, family, and constituents •Invite us to a meeting to discuss the 2030 Plan •Plan an event for the 10/2 public engagement-On the Table •Next Steps •Public Meeting #1 –On the Table Georgetown, 10/2/2018 •Targeting October/ November time frame for Joint Workshop with Council Page 64 of 132 THANK YOU TO OUR PUBLIC OUTREACH PARTNERS! Georgetown Ministerial Alliance Page 65 of 132 THANK YOU 2030.georgetown.org 2030@georgetown.orgPage 66 of 132 City of Georgetown, Texas City Council Workshop August 28, 2018 SUBJECT: P resentation and discussio n of the Interlocal Agreeme nt fo r Fire P rotection and Eme rge ncy Services Between the City of Georgetown, TX and Williamson County Emergency Services District #8 -- John Sullivan, Fire Chief ITEM SUMMARY: FINANCIAL IMPACT: ____ SUBMITTED BY: John Sullivan, Fire Chief ATTACHMENT S: Description ESD 8 Pres entatio n Co s t Allo cation Works heet Page 67 of 132 GEORGETOWNFIRE/MEDICAL COMPASSIONATE -PROFESSIONAL -RESPONSIVE ESD8 Contract Update Page 68 of 132 Background GEORGETOWNFIRE/MEDICAL COMPASSIONATE -PROFESSIONAL -RESPONSIVE o ESD8 was created after the May 7, 2005 election (HSC 775) o Fire protection and emergency services are provided to the ESD8 residents via a contract with the City of Georgetown o Current contract was a 5-year term and is due to expire on Sept 30 o Current funding model is based upon actual calls for service o ESD8 and Georgetown have developed a strong working relationship Page 69 of 132 Combined Response Territory GEORGETOWNFIRE/MEDICAL COMPASSIONATE -PROFESSIONAL -RESPONSIVE Page 70 of 132 Historical Demand Trending GEORGETOWNFIRE/MEDICAL COMPASSIONATE -PROFESSIONAL -RESPONSIVE Georgetown ESD8 Re s p o n s e s Re s p o n s e s Page 71 of 132 Service Demand Projections GEORGETOWNFIRE/MEDICAL COMPASSIONATE -PROFESSIONAL -RESPONSIVE Re s p o n s e s Page 72 of 132 GEORGETOWNFIRE/MEDICAL COMPASSIONATE -PROFESSIONAL -RESPONSIVE Current Model –Calls for Service Ne t C o s t s ( G F ) Re s p o n s e s Page 73 of 132 GEORGETOWNFIRE/MEDICAL COMPASSIONATE -PROFESSIONAL -RESPONSIVE Current Model –Limitations o Cost modeling does not include all costs for service delivery (eg. dispatch, training, etc.) o Remuneration based upon actual call vs potential call o Does not encourage/incentivize risk reduction programs o Results in disparate allocation of costs Page 74 of 132 GEORGETOWNFIRE/MEDICAL COMPASSIONATE -PROFESSIONAL -RESPONSIVE Partnership Model Page 75 of 132 GEORGETOWNFIRE/MEDICAL COMPASSIONATE -PROFESSIONAL -RESPONSIVE Funding Model –Considerations o Factors: o Is it equitable to the taxpayers? o Is it driven by potential outcomes/service delivery? o Does it consider actual risk, potential risk and risk reduction programs? o Inter-local agreement and revised cost modeling contemplate the above factors and include administrative and overhead related costs. o True-up provision is included. Page 76 of 132 GEORGETOWNFIRE/MEDICAL COMPASSIONATE -PROFESSIONAL -RESPONSIVE 3rd Party Analysis –ESCi Key Findings Page 77 of 132 GEORGETOWNFIRE/MEDICAL COMPASSIONATE -PROFESSIONAL -RESPONSIVE Key Components of New Model o No longer based on pure calls for service o The % split of costs include population, assessed valuation, s.f. of all improvements, and number of fire responses o Each of these measurements are weighted to receive a cost allocation o Using this new funding model would increase the ESD’s participation in Fire Department costs from approximately 13% to 20% Page 78 of 132 GEORGETOWNFIRE/MEDICAL COMPASSIONATE -PROFESSIONAL -RESPONSIVE Costing Structure of New Model o Support Services o Emergency services o Dispatch services o Capital costs Page 79 of 132 GEORGETOWNFIRE/MEDICAL COMPASSIONATE -PROFESSIONAL -RESPONSIVE Page 80 of 132 GEORGETOWNFIRE/MEDICAL COMPASSIONATE -PROFESSIONAL -RESPONSIVE Key Changes: o ESD transfer FS6 land to City o ESD agrees to cost allocation model of funding services o City to provide lease of FS6 community room/office o City to assume construction costs and operation costs o NEW-$350K debt service @ 20yr Fire Station #6 Page 81 of 132 Contract Highlights GEORGETOWNFIRE/MEDICAL COMPASSIONATE -PROFESSIONAL -RESPONSIVE o Agreement Term: 10 years o City Obligations: o Equal level of service and fire code enforcement o Provide community workshop on fire prevention o Maintain 90-day reserve for provision of emergency services o District Obligations: o Pay city for service based upon cost allocation model o Charge up to max tax rate to pay for services o True-up provision for cost overage/underage o Partnership Provisions: o District and City to meet annually to discuss budget needs o Create Public Safety Commission and meet 2x per year o City to provide ESD8 use of FS6 community room at no cost Page 82 of 132 GEORGETOWNFIRE/MEDICAL COMPASSIONATE -PROFESSIONAL -RESPONSIVE Next Steps o Receive feedback and direction from the City Council o Prepare new contract with ESD 8 for City Council action on September 11th o Fire Station #6 o ESD 8 transfers land to the City for Fire Station #6 o City includes funding for Fire Station 6 in the Spring 2019 debt sale (estimated to be $5 million) o City will begin construction in 2019 Page 83 of 132 Questions / Comments GEORGETOWNFIRE/MEDICAL COMPASSIONATE -PROFESSIONAL -RESPONSIVE Page 84 of 132 8/8/2018 Weighting Factors Enter annual total GF/MD budget here:in $, all operational expense including overhead and administration Unweighted Default is 12.5 Enter area information here:0 Enter weighting factor here Enter population here:15 Enter weighting factor here Enter appraised value here:0 Enter weighting factor here Enter assessed value here:15 Enter weighting factor here Enter number of parcels here:0 Enter weighting factor here Enter number of developed parcels here:0 Enter weighting factor here Enter square feet of all improvements here:20 Enter weighting factor here Enter number of fire responses here:50 Enter weighting factor here Enter number of EMS Responses here:100 Must = 100 Enter number of all other responses here: Enter True-up credit adjustment here:4 Enter Fire resource weighting factor here Enter Negotiated Reduction adjustment here:1 Enter EMS resource weighting factor here Enter scenario title here:1 Enter Other resource weighting factor here Construction sq mi Population Appraised Assessed Total Developed square ft Fire EMS Other Total Georgetown 13,793,943$ 58 62,318 8,597,359,893 7,830,350,417 28,450 21,485 60,786,137 124 6,403 2,262 8,789 WCESD 8 3,585,144$ 82 24,437 3,326,722,187 3,193,750,665 10,915 7,864 22,607,807 60 746 416 1,222 Total 17,379,087$ 140 86,755 11,924,082,080 11,024,101,082 39,365 29,349 83,393,944 184 7,149 2,678 10,011 Georgetown 79.37%0.00%71.83%0.00%71.03%0.00%0.00%72.89%1.24%63.96%22.60%86.73%79.37% WCESD 8 20.63%0.00%28.17%0.00%28.97%0.00%0.00%27.11%0.60%7.45%4.16%13.27%20.63% Total 100.0%0.0%100.0%0.0%100.0%0.0%0.0%100.0%1.8%71.4%26.8%100.0%100.0% Weighting factor 100.0%0.0%15.0%0.0%15.0%0.0%0.0%20.0%50.0%100.0%# Reduction Factor 0.00%Resource weighting factor 4 1 1 6 Resource-Weighted Response allocation 7.0%67.7%25.4%100% Budget Value ParcelsArea - Cost Allocation Tool Responses Georgetown District 3,193,750,665$ 62,318 24,437 -$ in square miles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . from latest Census or estimate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in $ (appraised value is total value from WCAD BEFORE any exemptions . . . . in $ (assessed value is property value from WCAD AFTER all exemptions . . . . 20,179,087$ 57.5 82.2 All 21,485 7,864 60,786,137 22,607,807 2,262 416 60 Fire Resource Weighting Factors Default is 1 (unit(s) x hr) 8,597,359,893$ 3,326,722,187$ 7,830,350,417$ -$ - 6,403 746 Enter Projected EMS Revenue here: 2,800,000$ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 28,450 10,915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 85 of 132 City of Georgetown, Texas City Council Workshop August 28, 2018 SUBJECT: P resentation and discussio n concerning ethics -- Jac k Daly, Assistant to the City Manager and Skye Masson, Assistant City Attorney ITEM SUMMARY: At the Octo ber 24 meeting, the City Counc il took actio n to amend the City's Ethics Ordinance. The Council also appointed the members of the standing Ethics Commission to an Ethics Ad Hoc Committee, tasked with reviewing the City's Ethics Ordinance and making recommendations to the City Council for amendme nts to the ordinanc e . The Council asked the Ethics Ad Hoc Committee to make reco mmendations fo r a new ordinance. Those recommendations were presented to Council o n June 12. At the June 12 meeting, City Council directed staff to return with an analysis that compared current state law with the proposed ethic s o rdinance. Staff is seeking directio n on each of the following topic s to include in a new ordinance: • Gifts • Conflicts of Inte re st (Financial Interest and Econo mic Interest) • Disclosure Require ments • Definition of Family • Ethics Commission • Sanctions • General Conduct This workshop is a co ntinuation of the workshop item from Aug. 14. FINANCIAL IMPACT: N/A SUBMITTED BY: Jack Daly ATTACHMENT S: Description DRAFT Pres entation (c o ntinued ) Draft Ord inanc e P ro p o s ed by Ad-Ho c Ethic s Commission Governance P o lic y Ro le of City C o uncil and Rules of Engagement S tand ard s of C o nduct Analysis Page 86 of 132 Ethics Workshop August 28, 2018 Page 87 of 132 Agenda •Background •State statute vs. local ordinance •Direction/Discussion Page 88 of 132 Background •Oct. 24 –Voted to overhaul ethics ordinance •June 12 –Reviewed recommendations from ad hoc committee •Staff committed to return with a review of ethics ordinance by topic and compare to state law Page 89 of 132 Feedback from Aug. 14 •Gifts –Consensus to reflect state law regarding –Considering additional reporting requirements for travel and lodging in excess of $2,000 Page 90 of 132 Feedback from Aug. 14 •Conflicts of Interest –Use “financial interest” as opposed to “economic interest” –Exceed state threshold •$5,000 or 5%, whichever is less –Disclose “personal interest in real property” –Clarify “good faith” offers of employment –Disclose all investment •Exceptions for mutual funds, trusts, etc. Page 91 of 132 Business Negotiations •“Business negotiations” is vague •Removed by ad hoc committee •Comfortable with removing? Page 92 of 132 Topics Gifts Conflicts of Interest –Financial Interest –Economic Interest •Disclosure Requirements •Definition of Family •Ethics Commission •Sanctions •General Conduct Page 93 of 132 Disclosure Requirements •Council Direction –Exceed state law if Council adopts economic interest standard –If quorum issues arise, disclose conflicts, but then vote •Cannot waive state law requirements Page 94 of 132 Definition of Family •State Law –First Degree •Parent, Child, Spouse, Spouse’s parent or child •Council Direction –Define family member by name –Include domestic partners –Relatives from current and past marriages •Step daughter-in-law Page 95 of 132 Ethics Commission •State Law –Not in state statute •Council Direction –General consensus on having commission –Role •Regular review of ordinance •Review and investigate complaints •Recommend sanctions Page 96 of 132 Sanctions •State Law –Class A misdemeanor –Criminal process handled by County Attorney •Council Direction –Depending on severity •Letter of notification •Reprimand •Recommend removal –Board or Commission –Appointed employee •Recommend recall –City Council –Notification to media •May be a Municipal Code violation Page 97 of 132 General Conduct •Standards of conduct –Some covered by state law –Generally, don’t use position for personal or professional gain •Other items to include? –Governance Policy –Role of Council/Rules of Engagement Page 98 of 132 General Conduct •State Law –Things to not do for personal gain •Disclose confidential info •Use City property –Don’t act as surety for a business before Council –Acquire an interest in a matter that will be affected by upcoming Council action –Quid pro quo •Council Direction –Do not •Appear before Council and represent their personal interest •Imply ability to influence City action •Represent the City in litigation •Induce others to violate the Code of Ethics –Can represent themselves for items related to their homestead Page 99 of 132 Questions? Page 100 of 132 Gifts Gifts are a benefit from a person or entity you know is getting something from the City or is interested in getting something from the City (purchase, contract, zoning, etc.) Exceptions include: Gifts from people with personal, professional, or business relationship independent of official status Page 101 of 132 Gifts •State Law –Penal code •Class A misdemeanor •Items more than $50 •Some exemptions for –Transportation –Lodging –Conference •May requires reporting •Council Direction –Differing opinions on gift amount •$25 vs $50 –Discussion regarding exemptions for •Transportation •Lodging •Conferences Page 102 of 132 Conflicts of Interest •You should not be voting or making decisions that benefit you in your personal or professional life •Distinguishing what a personal or professional benefit is can be tough Page 103 of 132 Conflicts of Interest •State Law –Chap. 171 •Financial Interests –Chap 176 •Disclosure Requirement •Council Direction –Council members are real life people interacting in the community –Ambiguous definitions are hard to understand and enforce Page 104 of 132 Financial Interest •State Law –Chap 171 –Business entity interest •10% or more of voting stock or shares •10% or $15K+ of business entity •Proceeds exceed 10% gross income –Substantial interest in real property •Interest is $2,500 or greater –Related by first degree •Council Direction –Historically mirrored state law –Thresholds included in ethics ordinance Page 105 of 132 Economic Interest •Local regulation above state law •There are some things that could be perceived as a conflict that are not necessarily tied to money or fall outside the State’s thresholds Page 106 of 132 Economic Interest •State Law –Not in statute •Council Direction –Too broad to include all “negotiations pertaining to business opportunities” –Tough to enforce “reasonable person” standard Page 107 of 132 Economic Interest Examples •Interest in property –Contractual interest •Involvement in business –Offers of employment –Any investment in business before Council •Less than State’s thresholds –Amend language related to “business negotiations” •Family involved –State law only speaks to first degree Page 108 of 132 CODE OF ORDINANCES Title 2 - ADMINISTRATION CHAPTER 2.20. - ETHICS   {00009846 / v6 / CMCNABB / COUNCIL / ETHICS / 5/17/2018}  Georgetown, Texas, Code of Ordinances Page 1  CHAPTER 2.20. - ETHICS Sec. 2.20.010. - Declaration of Policy. A. It is the policy of the City that the proper operation of democratic government requires City Officials to be independent, impartial, and responsible; and that no City Official permit any interest, financial or otherwise, direct or indirect, or engagement in any business, transaction, or professional activity to conflict with the proper discharge of duties in the public interest; that governmental decisions and policies be made in the proper channels of the governmental structure; that public office not be used for illegal or improper personal gain; and that City Officials shall at all times strive to avoid even the appearance of impropriety or partisanship. The City Council shall be maintained as a nonpartisan body. B. This Chapter has four purposes: 1. To establish high ethical standards in official conduct by City Officials; 2. To establish guidelines for ethical standards of conduct for all City Officials; 3. To require disclosure by City Officials of private financial or other interests in matters affecting the City; and 4. To provide discipline for those who violate this Chapter. C. The City recognizes that City Officials are also members of society and, therefore, cannot and should not be without any personal and economic interest in the decisions and policies of government; that City Officials retain their rights as citizens to interests of a personal or economic nature and their rights to publicly express their views on matters of general public interest. It is not the intent of this Chapter to diminish the rights of City Officials as citizens of the community. D. The provisions of this Chapter do not apply to political contributions, loans, expenditures, reports, or regulation of political campaigns or to the conduct of candidates in campaigns. E. This Chapter defines two types of conflicts of interest and treats them differently. A "substantial financial interest" follows Section 171.002 of the Texas Local Government Code, and the provisions applicable to local Public Officials who have a "Substantial Financial Interest" are set forth in Chapter 171 of the Texas Local Government Code. This Chapter is intended to go beyond the requirements of Chapter 171 of the Texas Local Government Code by addressing "Substantial Economic Interests." A Substantial Economic Interest is more comprehensive than a "Substantial Financial Interest" and covers various kinds of economic benefits that might accrue to a City Official that are not included in the Texas Statute. Sec. 2.20.020. - Definitions. For the purposes of this Chapter the following definitions apply: Page 109 of 132 CODE OF ORDINANCES Title 2 - ADMINISTRATION CHAPTER 2.20. - ETHICS   {00009846 / v6 / CMCNABB / COUNCIL / ETHICS / 5/17/2018}  Georgetown, Texas, Code of Ordinances Page 2  A. "Business Entity" means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or any other entity recognized by law. B. "City Official" means the Mayor, every member of the City Council, the City Manager, the City Secretary, the City Attorney, and all members of any commission, committee, or board appointed by the City Council. C. "Confidential Information" means any information that a City Official would be privy to because of the official's position but otherwise is not available to the public under the provisions of the Texas Public Information Act (Tex. Gov. Code ch. 552). D. "Economic Benefit" means any money, Property, contract rights, sale, lease, option, credit, loan, discount, service, or other tangible or intangible thing of value, whether similar or dissimilar to those enumerated. E. "Family Member" means a person who is related to an officer or employee as spouse or as any of the following, whether by marriage, blood or adoption: parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepson, step son-in-law, stepdaughter, step daughter-in-law, stepbrother, stepsister, half-brother, half-sister, brother-in-law or sister-in law. For purposes of this Chapter, spouse of a City Official includes a domestic partner, which means an individual who lives in the same household and shares common resources of life in a close, personal, intimate relationship with the City Official if under Texas law the individual would not be prevented from marrying the City Official on account of age, consanguinity, or prior undissolved marriage to another. A domestic partner may be of the same, or opposite, gender as the City Official. F. "Gift" means a favor, hospitality, or Economic Benefit, of a value in excess of $25.00 other than compensation but which does not include campaign contributions reported as required by state law, gifts received if given on account of kinship, or any value received by will, intestate succession, or as a distribution from an inter vivos or testamentary trust. G. "Income" means Economic Benefit received. H. "Property" means real estate, personal items, equipment, goods, crops, livestock, or an equitable right to income from real estate, personal items, equipment, goods, crops, or livestock. I. "Source of Income" means any business entity, employment, investment, or activity which earned or produced income, including salary, fees, interest, dividends, royalties, or rents, which has been paid to or for the credit of a City Official, or family member or which would be taxable to said City Official, or Family Member under the United States Internal Revenue Code, as amended, even though not actually paid or credited. J. "Substantial Economic Interest" may take several forms. It may be established by a legal or equitable interest in Property, which includes but is not limited to the interest of a stockholder, co-owner, or beneficiary. Substantial Economic Interest may also be established by a fiduciary obligation to Property, which includes, but is not limited to, Page 110 of 132 CODE OF ORDINANCES Title 2 - ADMINISTRATION CHAPTER 2.20. - ETHICS   {00009846 / v6 / CMCNABB / COUNCIL / ETHICS / 5/17/2018}  Georgetown, Texas, Code of Ordinances Page 3  the interest of a trustee or executor. Substantial Economic Interest may also be established by a contractual right in property. A City Official and/or Family Member has a Substantial Economic Interest if the City Official and/or Family Member has a legal or equitable interest, fiduciary obligation, or contractual right in Property that is more than minimal or insignificant and would be recognized by reasonable persons to have weight in deciding a case or an issue. Service by a City Official as an officer, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create a Substantial Economic Interest in the Property of that organization. Ownership of an interest in a mutual or common investment fund that holds securities or other assets is not a substantial economic interest in the securities or other assets unless the City Official participates in the management of the fund. A City Official does not have a Substantial Economic Interest in a matter if the economic impact on the City Official is indistinguishable from the impact on the public or on the particular group affected by the matter. K. "Substantial Financial Interest" means: 1. An interest in a Business Entity if: a. A City Official or Family Member owns: i. Ten percent or more of voting stock or shares of the business entity; or ii. Fifteen thousand dollars or more of the fair market value of the Business Entity; or b. A City Official or family member receives funds from the Business Entity, customer or client that are ten percent or more of the person's gross income for the previous year (e.g. receives funds from an employer, customer, or client); or 2. An interest in real Property, if a City Official or family member has a legal or equitable interest in the property with a fair market value of $2,500.00 or more. Sec. 2.20.030. - Standards of Conduct. A. General Provisions. 1. No City Official shall disclose any Confidential Information gained through the official's position concerning Property, operations, policies, or affairs of the City, for gain or advantage in a Substantial Economic Interest or a Substantial Financial Interest of the City Official or the persons identified in Section 2.20.030.C.2.b. of the conflicts of interest section of this Chapter. 2. No City Official shall use the official's position or City-owned facilities, equipment, supplies, or resources of the City for gain in a Substantial Economic Interest or a Page 111 of 132 CODE OF ORDINANCES Title 2 - ADMINISTRATION CHAPTER 2.20. - ETHICS   {00009846 / v6 / CMCNABB / COUNCIL / ETHICS / 5/17/2018}  Georgetown, Texas, Code of Ordinances Page 4  Substantial Financial Interest of the City Official, for a political campaign of the Official, or for any of the persons identified in Section 2.20.030 C.2.b. of the Conflicts of Interest section of this Chapter. 3. No City Official shall, except as specifically authorized by City ordinance, appear before the body of which the official is a member to represent the City Official or any person identified in Section 2.20.030.C.2.b. of the conflicts of interest section of this Chapter. The City Official may designate and be represented by a person of the Official's choice in any such matter. 4. No City Official shall act as surety for any person or Business Entity that has a contract with the City, or as a surety on any bond required by the City for a City Official. 5. No City Official shall acquire an interest in, any contract, transaction, zoning decision, or other matter, if the official knows, or has reason to know, that the interest will be affected by impending official action by the City. 6. No City Official shall enter into an agreement or understanding with any other person that official action by the official will be rewarded or reciprocated by the other person. 7. No City Official shall assert the prestige of the official’s City position for the purpose of advancing private interests. 8. No City Official shall state or imply that he or she is able to influence City action on any basis other than the merits. 9. No City Official, other than a person who is classified as an official only because he or she is an appointed member of a committee, commission, or board, shall represent any person, group, or entity, other than himself or herself, or his or her spouse or minor children, in any litigation to which the City is a party, if the interests of that person, group, or entity are adverse to the interests of the City. 10. No City Official shall intentionally or knowingly assist or induce, or attempt to assist or induce, any person to violate any provision in this Code of Ethics. 11. No City Official shall violate the provisions of this Code of Ethics through the acts of another. 12. These General Provisions do not prohibit a City Official from representing the City Official's interest in the City Official's owner-occupied homestead before any City body, except the body of which the official is a member. B. Gifts. No City Official may solicit or accept any Gift that is offered or given with the intention of influencing the judgment or discretion of such official; or given in consideration of the favorable exercise of the official's judgment or discretion, in the past. Page 112 of 132 CODE OF ORDINANCES Title 2 - ADMINISTRATION CHAPTER 2.20. - ETHICS   {00009846 / v6 / CMCNABB / COUNCIL / ETHICS / 5/17/2018}  Georgetown, Texas, Code of Ordinances Page 5  C. Conflict of Interest. 1. Substantial Financial Interest. No City Official may vote on or participate in any decision-making process on a matter if the official has a Substantial Financial Interest in the outcome of the matter under consideration. 2. Substantial Economic Interest. a. No City Official may vote on or participate in any decision-making process on a matter if the Official has a Substantial Economic Interest in the outcome of the matter under consideration. b. To avoid the appearance and risk of impropriety, a City Official may not take any official action that the Official knows is likely to affect the Substantial Economic Interests of: i. The City Official's Family Member; ii. A Business Entity for which the City Official serves as an officer or director or services in any policy-making position; or iii. A person or Business Entity from whom, within the past 12 months, the City Official or the official's spouse, directly or indirectly, has solicited, received and not rejected, or accepted an offer of employment. D. Disclosure of Interest and Recusal. 1. A City Official who has a Substantial Economic Interest in the outcome of the matter under consideration shall disclose that the official has a Substantial Economic Interest and shall recuse himself/herself from discussion of and voting on the matter. The City Official shall also promptly file an affidavit with the City Secretary disclosing the nature and extent of the conflict, and the affidavit shall be included in the official minutes of the body. 2. A City Official having a Substantial Financial Interest in the outcome of a matter under consideration shall disclose that the official has a Substantial Financial Interest and recuse himself/herself immediately from voting and from the discussion of the matter. The City Official shall also promptly file an affidavit with the City Secretary disclosing the nature and extent of the conflict, and the affidavit shall be included in the official minutes of the body. 3. If abstention would leave City Council or a commission, committee, or board appointed by City Council, with less than a quorum capable of acting, members must disclose their conflicts on the public record, but they may then discuss and vote on the item(s). Sec. 2.20.040. - Ethics Commission. A. Creation of Ethics Commission. 1. This Chapter creates an Ethics Commission that consists of eight members, all of whom must reside within the corporate limits of the City. Each member of the City Council may Page 113 of 132 CODE OF ORDINANCES Title 2 - ADMINISTRATION CHAPTER 2.20. - ETHICS   {00009846 / v6 / CMCNABB / COUNCIL / ETHICS / 5/17/2018}  Georgetown, Texas, Code of Ordinances Page 6  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. 2. A vote to reject a nominee requires a super-majority. Members of the Commission may not hold or be a candidate for any City elected or appointed office at the time of their service on the Commission. B. Terms of Service. 1. Except as provided below, members of the Commission shall serve two-year terms. No member may serve more than two consecutive terms. 2. The terms of the initial Commission members shall begin on the day that is one day after the date that the City Council approves the appointment of the first eight Commission members. The terms of the initial eight Commission members shall be staggered by members drawing lots at the first Commission meeting such that four members serve until March 1 of the calendar year that is one year following the calendar year that the Commission members were initially appointed, and four members shall serve until March 1 of the calendar year that is two years following the calendar year that the Commission members were initially appointed. Thereafter, all terms shall be for two years. 3. The second and subsequent appointments of members to the Commission shall be staggered and shall be for terms of two years. C. Commission Vacancies. 1. All vacancies shall be filled for unexpired terms. 2. Members hold office until their successors have been appointed and continue to hold office after a successor has been appointed for the limited purpose of disposing of all complaints unresolved during that member's term. 3. No member may participate in a decision regarding a complaint for which hearings have commenced prior to his or her appointment. D. Removal of Commission Members. In addition to the City Council's powers of removal, members of the Commission may be removed by a majority vote of the City Council for cause. E. Officers. 1. The Commission shall elect a Chairperson, Vice-Chairperson, and Secretary at its annual meeting. 2. The Vice-Chairperson shall conduct meetings in the absence of the Chairperson or in the event of a vacancy in that position. 3. The officers serve one-year terms. F. Quorum. Five or more members of the Commission constitute a quorum, but no action of the Commission shall be of any force or effect unless it is adopted by the favorable vote of five or more members. Page 114 of 132 CODE OF ORDINANCES Title 2 - ADMINISTRATION CHAPTER 2.20. - ETHICS   {00009846 / v6 / CMCNABB / COUNCIL / ETHICS / 5/17/2018}  Georgetown, Texas, Code of Ordinances Page 7  G. Meetings. 1. 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 review this Chapter. 2. The Chairperson or three members may call a meeting provided that reasonable notice is given to each member. Notice of all Commission meetings shall be posted pursuant to the Texas Open Meetings Act. Sec. 2.20.050. - Role of the Ethics Commission. A. The Ethics Commission has jurisdiction over ethics complaints involving City Officials. B. The Ethics Commission shall have the authority to review and investigate complaints filed in accordance with this Chapter and issue a written finding of the Commission's determination when appropriate. C. Service on the Ethics Commission does not preclude a member from filing a complaint with the Commission. The Commission member filing the complaint must recuse himself/herself from the Commission procedure. D. The Ethics Commission makes recommendations to the City Council regarding revisions and changes to this Chapter. E. The Ethics Commission may seek any necessary assistance from the City Council and City Manager regarding financial support needed to carry out the Commission's duties. F. If warranted, independent legal counsel, a C.P.A., or other professional advisors may be utilized to advise and assist the Commission and take part in hearings. Sec. 2.20.060. - Role of the City Attorney. A. The City Attorney serves as legal counsel to the Ethics Commission. When complaints are filed relating to the Mayor, City Council members, City Manager, City Attorney, or other City Official on a matter in which the City Attorney has served as Ethics Advisor, independent legal counsel may be utilized to advise the Commission and take part in its proceedings. B. The City Attorney serves as Ethics Advisor to City Officials. As Ethics Advisor, the City Attorney is available to respond confidentially to inquiries relating to the Ethics Ordinance (this Chapter) and may render advisory opinions on potential conflicts of interest or violation of this Section at the request of a City Official. The advisory opinion in any subsequent charges concerning the matter may be used as a defense to an alleged violation of this Section unless material facts were omitted or misstated by the person requesting the opinion. C. If a complainant alleges a violation by the City Attorney, the complaint must be filed with the City Secretary, with a copy to the Mayor and the City Manager. Page 115 of 132 CODE OF ORDINANCES Title 2 - ADMINISTRATION CHAPTER 2.20. - ETHICS   {00009846 / v6 / CMCNABB / COUNCIL / ETHICS / 5/17/2018}  Georgetown, Texas, Code of Ordinances Page 8  Sec. 2.20.070. - Complaint Process. A. Filing. 1. Any person who believes that there has been a violation of this Chapter may file a sworn complaint. A complaint alleging a violation of this Chapter must meet the requirements of Section 2.20.070.A.2 and must be filed with the City Secretary. 2. Required Contents of a Complaint. An ethics complaint must be in writing and under oath and must set forth in simple, concise, and direct statements the following: a. The name of the complainant; b. The street or mailing address and the telephone number of the complainant; c. The name of the person who allegedly committed the violation; d. The position or title of the person who allegedly committed the violation; e. The nature of the alleged violation, including, if possible, the specific rule or provision of this Chapter alleged to have been violated; f. A statement of the facts constituting the alleged violation and the dates on which or period of time in which the alleged violation occurred; and must contain the following: i. Documents or other material available to the complainant relevant to the allegation; ii. A list of all documents or other material relevant to the allegation and available to the complainant, but that are not in the possession of the complainant, including the location of the documents, if known; and iii. A list of all documents or other material relevant to the allegation, but unavailable to the complainant, including the location of the documents, if known. g. If the complaint is based on information and belief, the complaint shall state the source and basis of the information and belief. 3. The complaint must be accompanied by an affidavit stating that the information contained in the complaint is true and correct and that the complainant has good reason to believe and does believe that the facts alleged constitute a violation of this Chapter. 4. Upon request, the City Secretary shall provide information to persons about the requirements of a complaint and the process for filing a complaint. B. Confidentiality and Ex Parte Communications. 1. No City Official shall reveal information relating to the filing or processing of a complaint except as required for the performance of official duties. 2. All documents relating to a pending complaint are confidential, unless they are required to be disclosed under the Texas Public Information Act (Tex. Gov. Code Ch. 552). Page 116 of 132 CODE OF ORDINANCES Title 2 - ADMINISTRATION CHAPTER 2.20. - ETHICS   {00009846 / v6 / CMCNABB / COUNCIL / ETHICS / 5/17/2018}  Georgetown, Texas, Code of Ordinances Page 9  3. After a complaint has been filed, and during the consideration of a complaint by the Commission, a member of the Commission may not communicate directly or indirectly with any party or person about any issue of fact or law regarding the complaint, except at a meeting of the Commission. This provision does not prevent a member of the Commission to consult with the City Attorney regarding procedure and legal issues. C. Notification. 1. A copy of a complaint which meets the requirements of this Section shall be promptly forwarded by the City Secretary to the City Attorney, the Ethics Commission, and to the person charged in the complaint. 2. The person alleged in the complaint to have violated this Chapter shall be provided with a copy of the Ethics Ordinance (this Chapter) and informed that: a. Within 14 days of receipt of the complaint, a sworn response must be filed with the City Secretary; b. Failure to file a response does not preclude the City Attorney from processing the complaint; c. A copy of any response to a complaint must be provided by the City Secretary to the complainant, who may within seven days respond by sworn writing filed with the City Secretary, who shall provide a copy of the sworn writing to the person charged in the complaint. Copies of all responses shall also be provided by the City Secretary to the Ethics Commission. 3. City Officials have a duty to cooperate with the City Secretary, the City Attorney, and the Ethics Commission in any proceeding under this Chapter. Sec. 2.20.080. - Hearing Process. A. Preliminary Hearing. 1. As soon as reasonably possible, but in no event later than 60 days after receiving a complaint, the Commission shall conduct a Preliminary Hearing. The purpose of the preliminary hearing is to determine whether there are reasonable grounds to believe that a violation of this Chapter has occurred. 2. The complainant and the City Official named in the complaint have the right of representation by counsel. 3. Statements at a Preliminary Hearing shall be under oath, but there shall be no cross examination or requests for persons or evidence issued for the hearing. 4. The person filing a complaint shall state the alleged violation and describe in narrative form the testimony and other evidence which are presented to prove the alleged violation as stated in the written complaint. 5. The City Official named in the complaint shall have the opportunity to respond but is not required to attend or make any statement. The official may describe in narrative form the Page 117 of 132 CODE OF ORDINANCES Title 2 - ADMINISTRATION CHAPTER 2.20. - ETHICS   {00009846 / v6 / CMCNABB / COUNCIL / ETHICS / 5/17/2018}  Georgetown, Texas, Code of Ordinances Page 10  testimony and other evidence presented to disprove the alleged violation. If the official agrees that a violation has occurred, the Commission may consider the appropriate sanction. 6. Only members of the Commission may question the complainant, the independent counsel for the Commission, or the City Official named in the complaint. 7. At the conclusion of the Preliminary Hearing one of the following actions shall be taken: a. If the Commission does not determine that there are reasonable grounds to believe that a violation of this Chapter has occurred, the complaint shall be dismissed. b. If the Commission determines that there are reasonable grounds to believe that a violation of this Chapter has occurred, it shall schedule a final hearing. c. If the City Official has agreed that a violation has occurred, the Commission may proceed to determine the appropriate sanction. B. Final Hearing. 1. A final hearing shall be held as expeditiously as possible following the determination by the Commission that there are reasonable grounds to believe that a violation of this Section has occurred, but in no event shall it be held more than 30 days after said determination. The Commission may grant two postponements, not to exceed 15 days each, upon the request of the City Official named in the complaint. 2. If a complaint proceeds to a final hearing, the Commission may request witnesses to attend and testify, administer oaths and affirmations, take evidence and request the production of books, papers, records, or other evidence needed for the performance of the Commission's duties or exercise of its powers, including its powers of investigation. Failure to comply with these requests becomes part of the material to be considered by the Commission in making this determination. 3. The issue at a final hearing is whether a violation of this Chapter has occurred. The Commission shall make its determination based on the evidence in the record. All witnesses shall make their statements under oath. If the Commission determines that a violation has occurred, it shall state its findings in writing, identify the particular provision(s) of this Chapter which have been violated, and within five working days deliver a copy of the findings to the complainant, the person named in the complaint, and the City Secretary. The City Secretary shall deliver a copy of the findings to the City Council. Sec. 2.20.090. - Sanctions and Violations. A. If the Commission determines that a violation of this Chapter has occurred, it shall consider appropriate sanctions. The Commission may receive additional testimony or statements before considering sanctions, but is not required to do so. B. If the Commission determines that a violation has occurred, they may impose the following sanctions: Page 118 of 132 CODE OF ORDINANCES Title 2 - ADMINISTRATION CHAPTER 2.20. - ETHICS   {00009846 / v6 / CMCNABB / COUNCIL / ETHICS / 5/17/2018}  Georgetown, Texas, Code of Ordinances Page 11  a. A letter of notification when the violation is clearly unintentional, or when the respondent’s conduct complained of was made in reliance on a public written opinion of the City Attorney. A letter of notification may advise the respondent of any steps to be taken to avoid future violations. b. A letter of admonition when the violation is minor or may have been unintentional, but calls for a more substantial response than a letter of notification. c. A reprimand when the violation has been committed intentionally or through disregard of this article. A reprimand directed to a City Official will also be sent to the City Council. d. A letter of censure when a serious or repeated violation of this article has been committed intentionally or through culpable disregard of this article by a City Official. A letter of censure directed to a City Official will be transmitted by the Commission to the City Secretary, published by the City Secretary in a local newspaper, of general circulation, and sent by the Commission to the City Council. C. If the Commission determines that a serious or repeated violation of this article has been committed intentionally or through culpable disregard of this article by a City Official, the Commission may recommend to City Council the removal from office or suspension from office, including a recommendation for the length of a suspension. The final authority to carry out a recommendation regarding removal of a City Official is the City Council. D. If the Commission determines that a serious or repeated violation of this article has been committed intentionally or through culpable disregard of this article by a City Official, the Commission may recommend the recall of the City Official from office. A recommendation regarding the recall of a City Official will be sent to the local newspaper. The final authority to carry out a recommendation regarding recall of a City Official rests with the citizens. E. A violation of any provision of this Chapter by any City Official as defined above shall constitute a misdemeanor punishable as provided in this Code. F. Copies of all sanction letters issued by the Commission under this Section shall be sent to the City Council. G. In addition, when the seriousness of the violation warrants, the Commission may recommend to the City Council the suspension or removal from office of any official serving in a Council- appointed position. Sec. 2.20.100. - Distribution and Proof of Compliance. A. The City Secretary shall make available to each new City Official designated in this Chapter, a copy of the text of this Chapter 2.20; Chapter 171 of the Texas Local Government Code pertaining to conflicts of interest; the Texas Open Meetings Act (Tex. Gov. Code ch. 551); and the Texas Public Information Act (Tex. Gov. Code ch. 552) (collectively referred to in this Section as the "ethics statutes"). Page 119 of 132 CODE OF ORDINANCES Title 2 - ADMINISTRATION CHAPTER 2.20. - ETHICS   {00009846 / v6 / CMCNABB / COUNCIL / ETHICS / 5/17/2018}  Georgetown, Texas, Code of Ordinances Page 12  B. The City Attorney shall conduct one or more annual seminars devoted to educating City Officials on the meaning and legal significance of the ethics statutes. C. Each City Official shall file with the City Secretary a signed affidavit in which the City Official acknowledges the existence of the ethics statutes. Page 120 of 132 City of Georgetown Governance Policy Page 1 of 7 CITY OF GEORGETOWN GOVERNANCE POLICY INTRODUCTION The Georgetown City Council, including Councilmembers and the Mayor, is the governing body for the City of Georgetown. Therefore, the City Council must bear the initial responsibility for the integrity of governance. The Council is responsible for its own development (both as a body and as individuals), its own discipline, and its own performance. By adopting this policy the Council acknowledges its responsibility to each other, to the professional Staff, and to the public. This policy will be reviewed annually. GOVERNANCE GUIDELINES The City Council will govern the City in a manner associated with a commitment to the preservation of the values and integrity of representative local government and democracy, and a dedication to the promotion of efficient and effective governing. The following statements will serve as a guide and acknowledge the commitment being made in this service to the community. The City Council shall: · be responsive to the needs of the citizens and the Georgetown community by providing pro-active visionary and strategic leadership and focusing on the future rather than the past; · recognize its responsibility to future generations by developing goals that address the interrelatedness of the social, cultural, and natural characteristics of the community; · communicate and serve with respect, dignity and courtesy in relations with Staff, all Councilmembers, members of the boards, commissions, committees, and the public; · endeavor to keep the community informed on municipal affairs and encourage communication between citizens and the City Council; · strive to develop strong working relationships among Georgetown, Williamson County, Southwestern University, Georgetown Independent School District, Georgetown Chamber of Commerce, and other community and civic organizations; · be committed to improve the quality of life for the individual and the community; and · be dedicated to the faithful stewardship of the public trust and seek to improve the quality and image of public service. Page 121 of 132 City of Georgetown Governance Policy Page 2 of 7 GOVERNANCE PRINCIPLES The office of elected official is one of trust and service to the citizens of Georgetown. This position creates a special responsibility for the City Council, and the following principles shall govern the conduct of each Councilmember and the Mayor. A Councilmember and the Mayor shall: · be loyal to the interests of the citizens of Georgetown, superseding conflicting loyalty to advocacy or interest groups, membership on other boards, employment with other organizations, and personal interests as an individual citizen of the City; · be dedicated to the highest ideals of honor and integrity in all public and personal relationships and conduct themselves, both inside and outside City service, so as to give no occasion for the distrust of their integrity, impartiality or of their devotion to the best interests of the City and the public trust, to merit the respect and confidence of the citizens of Georgetown; · refrain from any activity or action that may hinder the ability to be independent, objective and impartial on any matter coming before the Council, such as accepting gifts or special favors; · not condone any unethical or illegal activity, such as using confidential information for personal gain or misusing public funds or time; · recognize that public and political policy decisions, based on established values, are ultimately the responsibility of the City Council; · comply with the City's Ethics Ordinance (Chapter 2.20 of the Georgetown Municipal Code) and other applicable rules and laws governing the conduct of elected officials; and · conduct business in open meetings for transparency and direct accountability to the citizens of Georgetown. COUNCIL MEETINGS Each Councilmember and the Mayor shall: · be familiar with and follow the Council Meeting Procedures Ordinance (Chapter 2.24 of the Georgetown Municipal Code); · be familiar with and follow parliamentary rules applicable to the Council process and procedure; Page 122 of 132 City of Georgetown Governance Policy Page 3 of 7 · effectively use the Consent Agenda; · be prepared for meetings and for discussion of the Agenda; and · be informed about action taken by the Council when the Councilmember is absent. MAYOR'S ROLE The Mayor is responsible for the integrity of the Council's process and is the authorized speaker for the Council. The Mayor shall be the presiding officer at all meetings, shall preserve order and decorum and encourage all Councilmembers to participate in discussion. The Mayor will act as mediator in any conflict and will seek consensus of Councilmembers. The Mayor is responsible for dissemination of ongoing information on Council procedures, current agenda items and meetings. COUNCIL COMMITTEES In order for the Council to maximize its effectiveness it may choose to utilize any or all of the following processes: · Council Subcommittees or Ad-Hoc Committees assist the Council by preparing policy alternatives and implications for Council deliberation. · Citizen Advisory Committees assist the Council or Staff with technical expertise to resolve specific policy decisions. · Advisory Boards, Commissions, and Committees thoroughly investigate, discuss and deliberate issues to make informed recommendations to Council. COUNCIL EDUCATION AND TRAINING The City Manager shall coordinate and facilitate the orientation of new Councilmembers. Continuing education and training of Council is a priority. The Mayor and Councilmembers are encouraged to attend continuing education and training programs focusing on city/county/regional/state/national issues, policy and governance. The City Manager, City Secretary and City Attorney shall coordinate and facilitate the continuing education and training of Councilmembers. NEWS MEDIA RELATIONS News media is an important link between the Council and the public. The Council desires a positive, professional working relationship with the media to inform and educate citizens about the issues facing the City. The City Manager, or his/her designee, is the City’s official media Page 123 of 132 City of Georgetown Governance Policy Page 4 of 7 relations representative on administrative and operational matters. The Mayor is the City’s official media relations representative and primary spokesperson for the Council regarding policy issues. COUNCIL RELATIONS WITH STAFF The City of Georgetown recognizes the importance of a positive relationship between the City Council and the City Manager. The effectiveness of the organization is dependent on the respect of the flow of authority as established by the Charter: Public to Elected City Council to City Manager to Staff. In order to maximize the efficiency and effectiveness of the Council/Manager form of government, the following guidelines shall be adhered to by the Council (“elected officials”), appointed officials and Staff of the City of Georgetown. Council authority is held collectively, not individually. The Mayor and Councilmembers have no authority to speak for or act on behalf of the Council without Council action or direction taken during an open meeting. The City Manager is the Council's link to the City operating organization. The City Manager is authorized to make decisions and take actions, as long as they are consistent with Council policies, applicable ordinances and other law. Items that may entail a change in administrative procedures or operational matters shall go through the City Manager. Items that entail a change in the overall policy or an ordinance of the City shall require City Council approval. The City Manager shall provide regular written updates to the City Council, City Attorney, and City Secretary informing them of the progress on projects, City events, and items of concern currently pending before the City. The City Manager is responsible for facilitating communication between Council and Staff. For purposes of this paragraph “Staff” does not include the City Attorney or the City Secretary. Elected officials shall not give direction or orders to Staff. Communication between Council and Staff shall be through the City Manager. Specifically: The City Manager shall delegate Council action and/or direction to Staff, shall provide appropriate Staff attendance at meetings, and shall coordinate appropriate Staff response to Council action and/or direction. Requests for Staff attendance at a meeting shall be made through the City Manager. The City Manager must approve the request for Staff attendance at the meeting. Page 124 of 132 City of Georgetown Governance Policy Page 5 of 7 Requests for public presentations and public informational meetings conducted or attended by Staff shall be made through the City Manager. The City Manager must approve the public presentation or public informational meeting. Requests for information or questions to Staff shall be made through the City Manager. The City Manager will obtain the requested information or answers from Staff and will provide the request/question and the responsive information/answers to the Mayor and Councilmembers. Requests for work to be performed or for other items of an operational nature either in a specific district, or city wide, shall be presented to the City Manager. Staff shall notify the City Manager of direct contact by an elected official concerning the above communication matters. The City Manager shall demonstrate professional and ethical behavior and shall be responsible for the professional and ethical behavior of Staff. The City Manager is responsible for appropriate education and training of Staff. COUNCIL RELATIONS WITH THE CITY ATTORNEY The City Attorney is the legal advisor for the Council, its committees, commissions and boards, the City Manager, and all City officers and employees with respect to any legal question involving an official duty or any legal matter pertaining to the affairs of the City. The City Attorney represents the City, not individual Councilmembers, City officers or employees. No Councilmember shall request or direct the City Attorney to initiate an action or prepare any report that is significant in nature, or initiate any significant project or study, without the consent of a majority of the Council. The City Attorney shall determine whether or not a matter is significant. The City Manager and City Secretary shall be informed of any project, study, opinion or report requested by the Council and prepared by the City Attorney. The City Manager shall not prevent Councilmembers from communication with the City Attorney. COUNCIL RELATIONS WITH THE CITY SECRETARY The City Secretary is the record keeper of documents resulting from Council action including the minutes, ordinances, and resolutions. The City Secretary, and/or his/her designee, shall oversee Records Management within the City and ensure compliance with applicable local and state laws. Page 125 of 132 City of Georgetown Governance Policy Page 6 of 7 The City Secretary shall serve Council as an administrative liaison and contact for citizens and City Staff in addition to assisting the Mayor with ceremonial activities, proclamations, and public appearances. The City Secretary, and/or his/her designee, shall work with the Mayor and coordinate the administration of Council appointed boards, commissions, and committees. The City Secretary shall serve as the Staff Liaison to the City’s Ethics Commission, and concurrently with the City Attorney’s office, assist in compliance and education related to local and state ethics regulations. The City Secretary is responsible for coordinating and managing the City’s elections in collaboration with the City Attorney and Williamson County and shall communicate with current and prospective Councilmembers. The City Manager and City Attorney shall be informed of any project, study, opinion or report requested by the Council and prepared by the City Secretary. The City Manager shall not prevent Councilmembers from communication with the City Secretary. STAFF AND COUNCIL RELATIONS WITH BOARDS, COMMISSIONS AND COMMITTEES Staff support and assistance may be provided to advisory boards, commissions and committees. Advisory bodies, however, do not have supervisory authority over City employees. While Staff may work closely with advisory bodies, Staff members remain responsible to their immediate supervisors and, ultimately, the City Manager. The members of the commissions, boards, or committees are responsible for the functions of the advisory body. The chairperson is responsible for committee compliance with the municipal code and/or bylaws. Staff members are to assist the advisory bodies to ensure appropriate compliance with the Charter, ordinances, state and local laws and regulations. Staff support includes: preparation of an agenda; preparation of reports providing a brief background of the issues, a list of alternatives, recommendations, and appropriate backup materials, if necessary; and preparation and maintenance of permanent minutes of advisory body meetings. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. It is important to note that City Staff seeks to not influence boards, commissions and committees in their decision making process. Staff should provide information on options considered along with a summary of pros and cons of each option. Any prior direction by City Council on a particular issue should be provided by Staff to any board, commission or committee considering the issue. The role of the City’s boards, commissions and committees is to perform the specific functions established in state statutes, City ordinances, resolutions, or minute orders as applicable and to advise the City Council about the topics assigned. If a Councilmember attends a meeting of a Page 126 of 132 City of Georgetown Governance Policy Page 7 of 7 board, commission or committee, the Councilmember shall not take part in the meeting nor address the board in any manner, whether by questions or statements. A Councilmember shall not attempt to influence the decisions of boards, commissions and committees, either directly or indirectly, nor express an opinion to a board, commission or committee about its actions unless at a City Council meeting. This policy provision does not apply to a Councilmember who is participating as a duly appointed member of a board, commission or committee. All instructions to board, commissions and committees by the City Council shall be in writing or made on the record at a City Council meeting. Page 127 of 132 Role of Council As a representative democracy, we provide a voice for, and communication to, each district so that the Council can make decisions that serve the best interests of the City of Georgetown as a whole. • Set policy, and exercise sound financial responsibility, and hold staff accountable for results • Ensure alignment between vision, goals, and strategies • Identify and define key challenges and opportunities • Establish the organizational culture of the City by leading with integrity and upholding legal and ethical standards • Ensure that City services emphasize public health, safety, and opportunity Page 128 of 132 Rules of Engagement •To treat everyone with respect, courtesy, and civility •To act collaboratively and promote and solicit an open, honest, transparent, respectful, and professional dialogue with each other, our citizens, city staff, and other interested parties •To honor our commitments •To actively advocate for our point of view, but also to recognize and respect the decisions of Council, even though we might not agree with that decision (we will not undermine the decisions of Council) •To recognize any preconceptions that we may have about certain individuals, groups, or organizations Page 129 of 132 {00009971 / v / / COUNCIL / ETHICS / (unknown)} Sec. 2.20.030. - Standards of Conduct. A. General Provisions. 1. No City Official shall disclose any Confidential Information gained through the official's position concerning Property, operations, policies, or affairs of the City, for gain or advantage in a Substantial Economic Interest or a Substantial Financial Interest of the City Official or the persons identified in Section 2.20.030.C.2.b. of the conflicts of interest section of this Chapter. • Probably duplicative of state law. • Texas Open Meetings Act prohibits disclosure of confidential information disclosed in executive session. • Texas Public Information Act also prohibits disclosure of certain confidential information. • Penal Code 39.06—Misuse of Official Information o Offense to use information that is not public obtained as part of official position for personal gain or to help or harm someone else. o “information that is not public” –info that public generally doesn’t have access to and PIA prohibits disclosure of. o Third degree felony. 2. No City Official shall use the official's position or City-owned facilities, equipment, supplies, or resources of the City for gain in a Substantial Economic Interest or a Substantial Financial Interest of the City Official, for a political campaign of the Official, or for any of the persons identified in Section 2.20.030 C.2.b. of the Conflicts of Interest section of this Chapter. • May be covered by election code prohibition of use of public funds for political advertising. 3. No City Official shall, except as specifically authorized by City ordinance, appear before the body of which the official is a member to represent the City Official or any person identified in Section 2.20.030.C.2.b. of the conflicts of interest section of this Chapter. The City Official may designate and be represented by a person of the Official's choice in any such matter. • Not covered in state law. 4. No City Official shall act as surety for any person or Business Entity that has a contract with the City, or as a surety on any bond required by the City for a City Official. • Covered by state law. • Local Government Code Chapter 171 prohibits acting as surety. Page 130 of 132 {00009971 / v / / COUNCIL / ETHICS / (unknown)} 5. No City Official shall acquire an interest in, any contract, transaction, zoning decision, or other matter, if the official knows, or has reason to know, that the interest will be affected by impending official action by the City. • May be covered by state law on conflicts of interest. 6. No City Official shall enter into an agreement or understanding with any other person that official action by the official will be rewarded or reciprocated by the other person. • Covered by state law (various penal code provisions). 7. No City Official shall assert the prestige of the official’s City position for the purpose of advancing private interests. • Partially covered in state law. • Could be covered by penal code 39.02 “Abuse of Official Capacity” and penal code 39.03 “Official Oppression” 8. No City Official shall state or imply that he or she is able to influence City action on any basis other than the merits. • Not covered in state law. 9. No City Official, other than a person who is classified as an official only because he or she is an appointed member of a committee, commission, or board, shall represent any person, group, or entity, other than himself or herself, or his or her spouse or minor children, in any litigation to which the City is a party, if the interests of that person, group, or entity are adverse to the interests of the City. • Not covered in state law. 10. No City Official shall intentionally or knowingly assist or induce, or attempt to assist or induce, any person to violate any provision in this Code of Ethics. • Not covered in state law. 11. No City Official shall violate the provisions of this Code of Ethics through the acts of another. • Not covered in state law. 12. These General Provisions do not prohibit a City Official from representing the City Official's interest in the City Official's owner-occupied homestead before any City body, except the body of which the official is a member. • Not covered in state law. Page 131 of 132 City of Georgetown, Texas City Council Workshop August 28, 2018 SUBJECT: Sec. 551.071: Consul tati on w i th Attorney Advice from attorney abo ut pending or co ntemplated litigation and o ther matters on which the attorney has a duty to advise the City Council, including agenda items - P utnam v. City o f Georgetown Sec. 551:074: Personnel Matters City Manager, City Attorney, City Secretary and Municipal Judge: Consideration of the appointment, employme nt, evaluation, reassignment, duties, discipline, or dismissal Sec. 551.087: De l i berati o n Regardi ng Econo mi c Devel opment Negoti ati ons - P roject Racke t - P roject Tiger - P roject Toms ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: Page 132 of 132