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HomeMy WebLinkAboutResolution - 2018-R0018 - Council Rules - 01/11/2018Resolution No. 2018-R0018 Item No. 8.14 January 11, 2018 RESOLUTION WHEREAS, the City Council of the City of Lubbock finds that the current City of Lubbock Council Rules enacted prior to this date (the "Prior Council Rules") are in need of revision in conformance with current practices; and WHEREAS, the City Council deems it to be in the best interest of the citizens of the City of Lubbock to adopt revised City of Lubbock Council Rules, Order of Business and Procedure (the "Council Rules"); and WHEREAS, it is the desire of the City Council to repeal the Prior Council Rules, including any amendments thereto and adopt the Council Rules as the sole and exclusive rules; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council does hereby adopt the City of Lubbock Council Rules, Order of Business and Procedure attached hereto and establishes said Council Rules as the sole and exclusive rules governing City Council order of business and procedure; THAT any amendment to these Council Rules shall be incorporated into such Rules and shall be included in reprints and any repeal of a portion of such Rules shall be excluded from any reprint; THAT by virtue of passage of this Resolution, any requirement set forth by Section II(B) of the Prior Council Rules is hereby waived; THAT all Prior Council Rules, including, but not limited to Resolution Numbers 1610, 2529, 3015, 3910, 3933, 3934, 4014, 4603, 5630, 2000-R0280, 2001-R0298,2004-RO280, 2005- R0551, 2005-R0598, 2006-R0090, 2009-R0370, 2009-R0408, 2009-R0421,2010-R0418, 2011- R0054, 2011-R0340, 2012-R0075, 2012-R0109, 2012-R0256, 2013-R0146, 2014-R0025, 2014- R0220, 2014—R0320, 2015-RO031, and 2015-RO205 are hereby repealed. Passed by the City Council on January 11, 2018 DANIEL M. POPE, MAYOR ATTEST: Reb cca Garza, City Secretar APPROVED AS TO CONTENT: t\ e Juan A. Chadis, Coun lic member District 1 /atrel4ley, eCouncli crabjr District 6 APPROVED AS TO FORM: ccdocs/Council Rules-RES(final) December 11, 2017 CITY OF LUBBOCK CITY COUNCIL RULES I. AUTHORITY: The Charter of the City of Lubbock provides that the Council shall determine its own rules and order of business. Lubbock, Tex., Charter ch. 1, art. IX, sec. 13 (1917). By virtue thereof, and when not in conflict with the Charter of the City of Lubbock and the Constitution and laws of the State of Texas, the following set of rules shall be in effect upon adoption by the City Council and until such time as they are amended or new rules adopted in the manner hereinafter provided and shall prevail to govern the business of the City Council of the City of Lubbock. A. Adoption of Council Rules - Adoption of the Rules for the City Council, City of Lubbock, shall be accomplished by means of a resolution with the affirmative vote of a majority of all members of the City Council. B. Amendments to Council Rules - These rules may be suspended, amended or new rules adopted provided that these rules do not conflict with General Laws of the State of Texas or the Charter of the City of Lubbock. II. MEETINGS: A. City Council Meetings: 1. Regular Council Meeting - The City Council shall meet twice each month in the City Council Chambers, Municipal Building, or at such place as shall be selected by the Mayor. City Council meetings shall be held in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551. 2-Citizen comments - Any citizen wishing to appear before any regular meeting of the City Council to speak shall sign up to speak at the City Council meeting, but shall be limited to speaking only on matters posted on the City Council agenda. The length of the time given for each citizen to make such comments shall be determined by the City Council, in its sole discretion, at the beginning of the citizen comment period. 3. Special Meetings - The Mayor, Mayor Pro-Tem or any two of the Councilmembers in the absence of the Mayor and Mayor Pro-Tem, or in the event of their refusal after a request is made, may call special meetings of the Council at any time deemed advisable. Lubbock, Tex., Charter ch. 1, art. IX, sec. 13 (1917). 4. Minuted Action - Minuted action may only be used in instances wherein formal written action of the Council is not requested, including appointments of City boards and ceremonial actions. B. Conduct: 1. Quorum - Any four members of the City Council shall constitute a quorum and the affirmative vote of any four members of the Council shall be sufficient and necessary to adopt or repeal any ordinance or resolution. 2. Presiding Officer - The Mayor of the City shall be the presiding officer of the Council, and in the event of the absence of or disqualification of Mayor, the Mayor Pro-Tempore shall preside. In the event of the absence of or disqualification of the Mayor or Mayor Pro- Tempore the position of Mayor pro tempore shall be occupied by the Councilmember having the most seniority in service on the City Council. Lubbock, Tex. Charter ch. 1, art. IX, sec. 11 (1917). 3. Rules of Order - Robert's Rules of Order, Revised, shall govern the proceedings of the Council in all cases, unless they are in conflict with these rules. 4. Right to Floor - Any Councilmember or other person appearing before the Council desiring to speak shall be recognized by the presiding officer, and shall confine his or her remarks to the subject under consideration or to be considered. Any person who wishes to address the Council must have the unanimous consent of the Council. This rule does not apply to anyone appearing at a public hearing in response to an official notice or the Citizens Comment period. 5. Agenda - The order of business of each meeting shall be contained in the agenda prepared by the City Manager. The City Manager shall provide the Council with an analysis of items to be acted upon by the Council at its regular meetings. This analysis may be made to the Council orally or in writing. a. Placing an Item on Agenda Councilmember—Any two members of the Council may, before the agenda deadline, place an item on the agenda by providing written direction to the City Manager. The City Manager shall provide staff research support when requested to do so in writing. b. Removing Item from Consent Agenda If a councilmember wishes to remove an item from the consent agenda for purposes of discussion, conflicts of interest, recusals or any other reason, the councilmember shall make such a removal no later than twenty four (24) hours prior to the time of the start of the public portion of the regular meeting. The council member shall notify the City Manager which items on the consent agenda are to be removed, the reasons for such removal, and if the councilmember wishes to hold a discussion regarding the item. 6. Electronic Devices — Members of the City Council shall not use any electronic devices for the purpose of communicating on matters of City business with any person, including other Council members, during a City Council meeting, unless such device is used in conjunction with such meeting in accordance with the requirements set forth in the Texas Open Meetings Act. The use of electronic devises by members of the City Council on matters not related to City business should be done in a manner that does not disrupt the meeting. 2 7. Inaudible Conversations. City Council members shall refrain from participating in any conversations related to matters of City business with other Council members that are inaudible to the public during any Council meeting or work session. C. Attendance 1. Mayor and Councilmembers - The Mayor and any Councilmember shall forfeit, not exceeding $10.00 per meeting of his salary, if absent from any regular meeting of the Council, unless such absence from the meeting is unavoidably necessitated in the services of such officer on business of the City away from the City at the time the meeting is held. Lubbock, Tex., Charter ch. 1, art. IX, sec. 14 (1917). 2. City Manager - The City Manager shall attend all meetings of the Council with the right to take part in the discussion, but having no vote. Lubbock, Tex., Charter ch. 1, art. X, sec. 4(1917). 3. City Attorney - The City Attorney or Acting City Attorney shall attend all meetings of the City Council unless excused and shall, upon request, render written or oral opinion on questions of law. The City Attorney shall act as the City Council's parliamentarian. The City Attorney is authorized to engage and retain outside counsel in the defense or prosecution of any case in which the City is a party, or in any administrative matter or transactional issue in which the City is involved, where attorney's fees do not exceed $50,000. The City Attorney is also authorized to incur litigation expenses for the City, including the retention of experts, or incur any other fees or costs deemed necessary to defend or prosecute any lawsuit brought against it or in which it has brought suit. 4. City Secretary - The City Secretary shall attend all meetings of the City Council, unless excused, and shall keep an account of all proceedings of the City Council to be entered in a well -bound book or permanent file. III. GENERAL INFORMATION CONCERNING ORDINANCES, RESOLUTIONS, AND MOTIONS A. Passage of Ordinances, Resolutions, or Motions - Approval of every ordinance, resolution, or motion shall require the affirmative vote of a majority of all members of the City Council, except as specified hereinafter when the Charter and certain State statutes impose other voting requirements on various questions. Lubbock, Tex., Charter ch. 1, art. IX, sec. 15 (1917). B. Recording of Votes - The yeas and nays shall be taken upon the passage of all ordinances and resolutions and entered upon the minutes of the City Council. Lubbock, Tex., Charter ch. 1, art. IX, sec. 15 (1917). C. City Attorney to Approve - All ordinances and resolutions shall be approved as to form and legality by the City Attorney. D. City Secretary to Calendar Deadlines - The City Secretary shall calculate and calendar any and all deadlines adopted by City Council, including, but not limited to appointee evaluations, ad hoc committee reports, and consideration of future legislation. The City Secretary shall place such items on the Council agenda for appropriate consideration in accordance with the deadlines. In addition, the City Secretary shall alert City Council members, City Manager, and City Attorney to upcoming deadlines two (2) weeks prior to the meeting at which such items shall be considered. IV. BOARDS AND COMMISSIONS -TERM LIMITATIONS A. In General - The purpose of this provision is to define procedures to ensure consistency in appointment of members for City Council appointed advisory boards and commissions and to ensure consistency with the City Council's goals and policies in making board and commission appointments. B. Board and Commission Terms — Except as provided in Chapter 2, Article 2.03 of the City of Lubbock Code of Ordinances, appointment of members to City Council appointed advisory boards and commissions shall be as follows: 1. Members appointed to a full term may be reappointed to one (1) additional full term upon expiration of the original term. 2. Members appointed to an unexpired term may be reappointed to two (2) additional full terms upon expiration of the original unexpired term. 3. Members elected to serve as Chair during their second full term may serve a third full term. 4. Members who are serving as alternate may be reappointed indefinitely. Upon promotion to full -member status, the preceding policies apply. C. Board and Commission Residency- The City Council shall only appoint to boards and commissions persons who reside within the city limits of the City of Lubbock, unless such appointment is otherwise required by state law, the City Charter, or City ordinance to be a person residing outside the city limits or if such appointment is necessitated by the expertise of the person or the inability to find a suitable resident of the City for appointment. V. CITY COUNCIL CODE OF ETHICS Each member of the City Council has a duty to: A. Respect and adhere to the American ideals of government, the rule of law, the principles of public administration and high ethical conduct in the performance of public duties. B. Represent and work for the common good of the City and not for any private interest. C. Refrain from accepting gifts or favors or promises of future benefits, which might compromise or tend to impair independence of judgment or action. 11 D. Provide fair and equal treatment for all persons and matters coming before the Council. E. Learn and study the background and purposes of important items of business before voting. F. Faithfully perform all duties of office G. Refrain from disclosing any information received confidentially concerning the business of the City, or received during any closed session of the Council held pursuant to state law. H. Decline any employment incompatible with public duty. I. Disclose all sources of income which may represent a substantial conflict of interest with the duties as a Councilmember and to disclose the nature and extent of the interest as an officer, agent, member, or owner of any business entity or other association which is subject to regulation by the City and such disclosure shall be made to the proper authority established for that purpose. J. Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other members of the Council, staff or public, or other personal comments not germane to the issues before the Council. K. Listen courteously and attentively to all public discussions at Council meetings and avoid interrupting other speakers, including other Council members, except as may be permitted by established Rules of Order L. Faithfully attend all sessions of the Council unless unable to do so because of disability or some other compelling reason. M. Maintain the highest standard of public conduct by refusing to condone breaches of public trust or improper attempts to influence legislation, and by being willing to censure any member who willfully violates the rules of conduct contained in this Code of Ethics. VI. CITY COUNCIL RELATIONSHIP TO STAFF In accordance with Article X, Section 6 of the City Charter in Chapter 1 of the City of Lubbock's Code of Ordinances, the governing body shall hold the City Manager responsible for the proper administration of all affairs of the City. The City Manager or his designated representative is responsible for the appointment and removal from office of all City employees unless the City Charter specifically assigns this responsibility to the governing body. The City Manager is the Chief Executive Officer of the City. The City Council charges the City Manager with carrying out its policies and directives. The City Manager is responsible for implementing City Council policies by planning, organizing and directing the activities of the City staff. The City Charter of the City of Lubbock stipulates that the members of the governing bodies shall defer to the City Manager the responsibility of directing the activities of the City staff. However, the City Charter allows the members of the governing body to make inquiries about the City's policies and procedures with City staff. The members of the governing body should address all other questions and requests through the City Manager or his designated representative. VII. AMENDMENTS Any amendment to these rules that are adopted by Council shall be incorporated into these rules and such amendments thereto shall be included in reprints of these rules. Any repeal of any portion of these rules shall also be excluded from the rules by omission from reprints of these rules. on