HomeMy WebLinkAboutResolution - 2020-R0241 - Amended City of Lubbock Policy for Boards, Commissions, and CommitteesResolution No. 2020-RO241
Item No. 7.19
July 28, 2020
RESOLUTION
WHEREAS, on December 17, 2018, the City Council of the City of Lubbock passed Resolution
No. 2018-RO452 adopting the City of Lubbock City Council Policy and Procedure for Boards,
Commissions, and Committees (the "Council Policy"); and
WHEREAS, the Council Policy was amended on February 25, 2019; and
WHEREAS, the City Council deems it to be in the best interest of the citizens of the City of
Lubbock to amend the Council Policy by amending the following: Section X to provide for
eligibility requirements for former city employees and city council members; Section XII to
provide for the eligibility of former board members who have termed out of a particular board;
Section XV III to provide for the ability for advisory boards to hold meetings by telephone or video
conference call; Section XX to provide for notification regarding poor attendance of board
members; and Section VII to provide for the establishment of a city council subcommittee to
review all appointments for each respective quarter; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council does hereby adopt the amended City of Lubbock City Council Policy and
Procedure for Boards, Commissions, and Committees attached hereto as Exhibit A;
THAT this amendments shall be effective upon passage.
Passed by the City Council this 28th day of July 2020.
DANIEL M. POPE, MAYOR
ATTEST:
CQ1,h, bc
Rebec a Garza, City Secr ar
APPROVED AS TO CONTENT:
Rebec arza, City Secre y
APPROVED AS TO FORM:
Amy Si , Deputy City At
Res.Council Rules- boards and commissions amendments
(6-23-20)
Resolution No. 2020-RO241
Exhibit A
CITY COUNCIL POLICY AND PROCEDURE
BOARDS, COMMISSIONS, COMMITTEES
I. PURPOSE:
The policy and procedure establishes guidelines for appointment of citizens to boards,
commissions and committees; the recognition of their many contributions; and provides
reference for orientation and training for members. The policy and procedure applies to all
citizen volunteer boards, commissions and committees and the appropriate staff who support
them. The policy and procedure does not apply to City Council member committees and task
forces created by the Mayor.
II. RESPONSIBILITY:
The Office of the City Secretary oversees the board appointment process for the City of
Lubbock. The City Secretary and designated staff liaisons are responsible for
implementation of this policy and procedure.
III.OBJECTIVE:
The intent of City Council is to manage the appointment process by:
1. Keeping boards and commissions strong and viable through appointment of
qualified members who have a basic understanding of the role and
responsibility of the board or commission sought; understanding of time
commitment; and what is expected of members.
2. Using application, resume; general and supplementary questionnaires with
defined description and criteria of each board or commission.
3. Active City Council involvement in direct recruitment by discussing
application process with constituents, and open vacancy recruitment on city
web site and through media publications and press releases.
4. Review of member performance, attendance, expertise, experience, and
decision -making ability; and consider member participation in appropriate
training when considering reappointments.
5. Ensuring broad citizen representation and expertise among the membership,
which includes geographic, professional, gender, racial, and viewpoint
diversity in making appointments.
6. Obtaining input from Chairs of selected boards and/or commissions.
7. Interviewing of applicants for selected positions.
8. Making appointments at least thirty days prior to the beginning of a term, when
possible.
9. Discussing appointments in work session, and where allowed by law, in closed
executive session, prior to appointing and voting in open session.
IV. BOARD TYPES:
Boards, commissions, committees, and task forces serve many different roles within the City
(see Appendix A for a list of boards by category). It is important that staff and the board
members understand the role of each board and the authority and responsibility for the board
and its members. To help define these roles, each board will be designated by type as defined
below. The rest of the document will refer to "boards" to include all the categories listed
below.
Advisory Boards: An advisory board serves as an ongoing forum for
providing public input to the City Council and appropriate department,
providing them with advice on issues. Advisory boards are not authorized to
make decisions on behalf of the City. The City Council will consider input
from the advisory boards, as well as from other sources, in making decisions
on issues. The City Council may or may not take action that is in agreement
with the advice of an advisory board.
Advisory boards may not speak for the City or take independent positions on
issues with the public or the media. The purpose of the boards is only to advise
the City Council or the appropriate department.
Quasi -Judicial Boards and Commissions: These boards are defined in state
statute and have certain statutory responsibilities and authorities, as designated
by statute. They have the authority to hold formal hearings and issue binding
decisions. These are considered as having "Officer of City" status. Members
of these boards must be cognizant of protecting the unbiased quasi-judicial
nature of the board and its formal hearings. Activities of these boards and
commissions are limited to those authorities granted by statute.
■ Governmental, Non -Profit, & Corporate Boards: These type of boards are
separate legal entities; apart from the City of Lubbock. These serve general
and community interests. City Council does not usually appoint the whole
membership.
Ad -Hoc Committees and Task Forces: These are special ad -hoc panels
created by the City Council for a specific project or task and are limited in
duration and are not ongoing. The responsibilities of the committee or task
force shall be designated by resolution or ordinance by the City Council at the
time the committee or task force is authorized. The City Council will consider
the input of the committee or task force in making decisions on issues. The
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City Council may or may not take action that is in agreement with the advice
of the committee or task force. A committee or task force may not speak for
the City or take independent positions on issues with the public or media. The
purpose of this type of board is to advise the City Council or the appropriate
department.
V. APPOINTMENT PERIOD:
The City Council shall make appointments to boards, commissions and committees quarterly
in January, April, July, and October, for terms beginning March, June, September and
December.
VI. VACANCIES:
If vacancies occur during the year, the position may be filled from the current list of
applicants using the appointment process delineated in this policy or through recruitment for
interested volunteers. The Office of the City Secretary will maintain applications on file for
two years; at which point the applicant will be contacted for purposes of updating or purging
the application.
Resignation from a board shall be in writing, addressed to the City Secretary. The Office of
the City Secretary shall notify City Council. A vacancy occurs on the effective date shown
in the written resignation; when a member is removed; or when a member has been deemed
to have automatically resigned from the position.
VII. APPOINTMENT PROCESS:
The City Council will make appointments to boards. These appointments require a majority
vote of the Council and nothing shall ever be construed as requiring more than a majority
vote for such appointments unless required by state law.
Selection of members to the boards and commissions will be carried out as follows:
1) City Council will review all applications, resumes, and completed general and
supplementary questionnaires as provided in the board packet. The AAB
makes recommendations to the City Council on appointments to the various
boards. The Mayor will appoint a City Council sub -committee comprised of
two council members to review all appointments that occur during each
respective quarter. This sub -committee will rotate on a quarterly basis. On
occasion, the City Council will also consider recommendations from the staff
liaison and/or board chair or board members.
2) Staff liaisons contact those members eligible for reappointment, by sending
them an "Interest of Reappointment" form, which they will return, indicating
if they desire a reappointment, or not. Members who desire reappointment will
be considered along with all applicants.
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3) By agreeing to serve on a board, the member agrees to abide by the policies
and procedures of the City. Any board member, who violates terms of the
Code of Ethics, ordinances, resolutions, policies and procedures, or the bylaws
of the board, may be asked to resign or be removed from the board by the City
Council.
VIII. RECRUITMENT:
With assistance from the Appointments Advisory Board (AAB), City Council will seek the
most qualified individuals representing a cross-section of gender, diversity, geographical
representation and representation of the public at large, including viewpoints, special
interest and expertise.
The Office of the City Secretary will market and advertise board, commission, and
committee vacancies on the City's web page and television channel prior to term expiration
dates and on an as needed basis throughout the year; and extend invitations periodically
through social media, print media, and other produced materials that might engage interested
residents. The recruitment deadline for returning the application will be stated in the public
notice.
IX. APPLICATIONS:
Applications shall be available in the Office of the City Secretary and on the City web page.
The Office of the City Secretary will solicit applications for specific positions on a quarterly
basis; however, applications may be submitted at any time and will be retained for two years
for use during the appointment process and when vacancies occur. Citizens may apply for
more than one board and may prioritize their requests on the application form.
All citizens interested in serving on a board shall complete an official application. Completed
applications along with resume, completed general and supplementary questionnaires shall
be submitted to the Office of the City Secretary, and during the regular recruitment period
must be returned by the stated deadline.
The Office of the City Secretary will compile board packets to be used during the
appointment process and will be made available to City Council prior to each quarterly
appointment period.
X. ELIGIBILITY AND QUALIFICATIONS:
Eligibility for board appointments is defined by city charter, ordinance, resolution, or state
statute that established and governs the board. Because of the time commitment involved,
and to allow more citizens the opportunity to participate on a board, serving on more than
one board is discouraged. The City Council reserves the right to appoint individuals to
multiple boards when, in the opinion of the City Council, it is in the best interest of the City.
Appointments to boards that have specific eligibility requirements must be made in
accordance with the governing requirement; appointed members must continue to meet the
eligibility requirements during the term of appointment. If a member does not continue to
maintain the necessary requirements, the member shall resign the appointed position.
A former City of Lubbock employee or former city council member will not be eligible to
serve on a City of Lubbock Board or commission for a period of two years after termination
with the City of Lubbock.
Before appointment to a board, the City Secretary must inform the City Council if a
nominee:
1) owes money to the city (i.e. utilities, library fines, etc.);
2) is in a payment plan authorized by the city, state law, or court order to pay obligations
owed the city
XI. 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.
Prospective board members will file an Affidavit of Residence with the application.
XII. TERMS:
Members are appointed to a three-year term, and may be reappointed to one additional full
term upon expiration of the original term. This applies, unless preempted by state law,
federal law, city ordinances, by-laws or other laws. A person who has termed out or
previously served on a particular board, may not be appointed to serve on that same board
unless at least one full term has passed since the member served.
Members elected to serve as Chair during their second full term may serve a third full term.
Members who are serving as alternate may be reappointed indefinitely. Upon promotion to
full -member status, the preceding policies apply.
A person appointed to serve an unexpired term may serve two additional full terms. For
purposes of this section, an unexpired term is defined as: 1) a term not having come to an
end when it was vacated; and 2) the new member commences board service prior to the end
of the term. For an unexpired term, the term starts on the day City Council makes the
appointment.
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Terms are staggered, with approximately 33% of a board's terms expiring each year of a
three-year period. Mid-term appointments to positions that become vacant may be made
at any time or may be postponed, at the discretion of City Council, to the regular term period.
This section does not apply to appointments to boards to which the city exercises
appointment authority over only some of the positions, or where limitations on
successive terms of office differ from those prescribed in this section as established by
ordinance, City Charter or by state law.
XIII. REMOVAL OF BOARD MEMBERS:
Board members may be removed for violation of any policies or laws. In addition, unless
otherwise stated by federal, state or local laws, board members serve at the will of the City
Council and may be removed for any cause deemed by the City Council as sufficient for
removal or for no cause.
XIV. SUNSET REVIEW:
Boards shall be reviewed every five years to determine whether a public need exists for the
continuation of a city board or for the performance of the functions of the city board.
XV. NOTIFICATION:
Following the council meeting where new appointments are made, the Office of the City
Secretary shall contact all new appointees and coordinate the date of the council meeting at
which the appointee will be recognized. City Council staff shall prepare letters for the Mayor
to notify appointees of their appointment or reappointment by City Council, with copies to
the board staff liaison.
XVI. STAFF SUPPORT:
A staff liaison is assigned to support each city board. It is the responsibility of the staff
liaison to ensure the board has adequate and reasonable support staff. Staff liaisons and staff
support will not be members of the board to which they are assigned, unless otherwise stated
in statute, resolution, ordinance or by-laws.
Staff liaisons are the primary contact for boards and commission members. It is the
responsibility of the staff liaison to:
1) provide orientation and training;
2) Ensure members complete an annual Conflict of Interest Form;
3) provide meeting material (agenda packets and backup) to each board member at least 10
days prior to any regularly scheduled meeting; These will be provided in the format
selected by the board member (electronic and/or paper format);
4) keep minutes and attendance records;
C.
5) ensure that officers are elected, or appointed, yearly;
6) create and post agendas on the Bulletin Board & Website;
7) file original minutes and attendance records with the Office of the City Secretary, no
later than the month following approval of the minutes;
8) attend annual Staff Liaison Training provided by the Office of the City Secretary;
9) provide any changes to members' contact information to the Office of the City Secretary;
10) send a copy of the agenda to the Public Information Office to include in the "Weekly
Calendar Events".
XVII.ORIENTATION:
Upon member appointment, staff liaisons will notify the appointee regarding orientation for
new members. Staff liaisons will hold an orientation session with new board members to
ensure all required forms are completed and the oath of office and statement of appointed
officer are administered. The workshop will address:
1) Purpose of the board;
2) Authority, limitations, responsibilities under State Statutes, City Charter and City
Codes;
3) Policies and rules of order;
4) Open meetings and Public Information Act;
5) Conflicts of Interest & Ethics;
6) Roles, responsibility and attendance;
7) Materials or topics relevant to the work of the board or commission,
including statutes, ordinances, resolutions, bylaws, and this policy and
procedure.
8) New members are encouraged to attend meetings before their term begins.
XVIII. TEXAS OPEN MEETINGS LAW:
It is the policy of the City of Lubbock to comply with all provisions of the Texas Open
Meetings Act. This includes Advisory Boards of the city, unless exempted in this section.
In an attempt to comply with this Act and to notify the local media of all affected meetings,
the Public Information Office will publish a "Weekly Calendar of Events".
If the staff liaison and/or board members feel that an executive session is necessary to discuss
legal issues or land acquisition, the staff liaison should make this request to the City Manager
or the Acting City Manager.
Advisory boards are permitted to hold an open or closed meeting by telephone
conference call or video conference call. In addition, the Audit and Investment
Committee, insofar as it is not a governmental body and is advisory only, and is thus
not subject to the requirements established by the Texas Open Meetings Law, shall be
exempt from the internal city policies established in this section.
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The City Manager has the authority to except a particular board, commission or committee
from the requirements of the Act if
1) The board, committee, or commission is not otherwise subject to the requirements of
the Act; and
2) The City Manager determines that such an exception is necessary in order to best
facilitate the duties and efforts of that board, committee, or commission. I
XIX. OATH & STATEMENT OF APPOINTED OFFICER:
All city appointed board members will take an "Oath of Office" and will sign a "Statement
of Appointed Officer". The Staff Liaison is responsible for scheduling the appointee's
statement and oath of office and ensuring both are administered prior to the appointee's first
board meeting. The staff liaison is responsible for filing the original documents with the
Office of the City Secretary.
XX.ATTENDANCE:
Members are expected to attend board meetings. If a member becomes unable to attend
board meetings, the member should submit his or her written resignation so that a
replacement may be appointed.
The City Council may replace any member for poor attendance.
The staff liaison shall notify the City Secretary of the attendance of a member on a quarterly
basis. City Council expectations are for members to attend all meetings; but at a minimum,
at least 70% of meetings. The City Secretary shall be responsible for notifying, in writing,
the member, the City Council Sub -Committee for the quarter and the Mayor about a
member's poor attendance.
XXI. ALTERNATES:
Alternate members shall be appointed as deemed appropriate by the City Council. Alternate
members have voting privileges, and may participate in discussion, only when necessary to
make quorum.
Amended to add on February 25, 2019; Resolution No. 2019-R0057
XXII. ELECTION OF OFFICERS:
Except where pre-empted by state law, federal law, city ordinances, bylaws, or other laws,
election of officers for City of Lubbock Council -appointed boards will be outlined in this
section. The board chair shall appoint a nominating committee to provide a slate of nominees
for Chair, Vice -Chair, and any other offices. The Officers will be elected by voting board
members. The board may, at its option, elect an office of secretary. Election of officers shall
be held in the same month every year (annually). The election date should be based on
individual board's calendar. If, for any reason, the Chair or Vice -Chair vacates his/her seat,
a special election should be held to fill the unexpired term. The Chair and Vice -Chair shall
not serve more than two (2) consecutive one-year terms. The Council shall reserve the right,
as deemed necessary in individual instances, to allow more than two (2) consecutive one-
year terms. In the event the board does not have an office of secretary, the staff liaison, shall
serve as the official secretary to the board to ensure that records are maintained in accordance
with requirements of the Office of the City Secretary.
XXIII. TRAINING AND/OR CONTINUING EDUCATION:
It is the City Council policy that the City budget include funds for relevant training,
continuing education and reference materials for members of City boards.
XIV. CONFLICT OF INTEREST:
Each member of a City board, commission, committee or task force is required to
submit an annual Conflict of Interest form to the staff liaison. The staff liaison is
responsible for filing it with the City Secretary.
XV. BOARDS AND COMMISSIONS CODE OF ETHICS:
Each member of a City board, commission, committee or task force is required to file an
annual Code of Ethics form acknowledging 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.
D. Provide fair and equal treatment for all persons and matters coming before the board,
commission, committee, or task force.
E. Learn and study the background and purposes of important items of business before
voting.
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F. Faithfully attend all meetings of the Board, and perform all duties of office, unless unable
to do so for some compelling reason or disability.
G. Refrain from disclosing any information received confidentially concerning the business
of the City, or received during any closed session of the Board 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 Board member, 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 Board, staff or public, or other personal
comments not germane to the issues before the Board.
K. Listen courteously and attentively to all public discussions at Council meetings and avoid
interrupting other speakers, including other Board members, except as may be permitted
by established Rules of Order.
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Appendix A
Types of Boards
Advisory Board
1. Airport Board
2. Animal Services Advisory Board
3. Annexation & Growth Advisory Board
4. Appointments Advisory Board
5. Audit & Investment Committee
6. Board of Health
7. Capital Improvements Advisory Committee
8. Citizens Traffic Commission
9. Comprehensive Plan Oversight Committee
10. Cultural Arts Grant Review Standing Sub -Committee
11. Emergency Medical Services Advisory Committee
12. Keep Lubbock Beautiful Advisory Committee
13. Libraries Board
14. Lubbock Water Advisory Commission
15. Model Codes & Construction Advisory Board
16. Museum & Art Standing Sub -Committee
17. Park and Recreation Board
18. Public Transit Advisory Board
19. Veterans Advisory Committee
Officer of City Status
1. Building Board of Appeals
2. Civil Service Commission (Appointments made by City Manager. This board is not
eligible for discussion in Executive Session)
3. Community Development & Services Board
4. Electric Utility Board (Charter)
5. Junked Vehicle Compliance Board
6. Lake Alan Henry Board of Appeals
7. Permit & License Appeal Board
8. Planning & Zoning Commission
9. Structural Standards Commission
10. Urban Design & Historic Preservation Commission
11. Urban Renewal Board/Neighborhood Redevelopment
12. Water Board of Appeals
13. Zoning Board of Adjustment
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Governmental, Non -Profit, or Corporate
1. American Windmill Museum, Inc. Board of Directors
2. Canadian River Municipal Water Authority Board
3. Central Business District TIF Reinvestment Zone Board of Directors
4. Civic Lubbock, Inc. Board of Directors
5. Lubbock Emergency Communication District Board of Managers
6. Health Facilities Development Corporation/Educational Facilities Authority Board
7. Housing Authority (Appointments made by Mayor)
8. Housing Finance Corporation Board of Directors
9. Joint Airport Zoning Board
10. Lubbock Business Park TIF Reinvestment Zone Board of Directors
11. Lubbock Economic Development Alliance, Inc.
12. Market Lubbock Economic Development Corporation Board of Directors
13. North Overton TIF Reinvestment Zone Board of Directors
14. North Point Public Improvement District (PID) Advisory Board
15. Quincy Park Public Improvement District (PID) Advisory Board
16. Reese Redevelopment Authority Board
17. StarCare Board of Trustees
18. Valencia Public Improvement District (PID) Advisory Board
Note: This list will change as boards are added or abolished.
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