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Item No. 21 <br />Memorandum <br />TO: City Council <br />Grayson Path, City Manager <br />FROM: Stephanie H. Harris, City Attorney <br />SUBJ ECT: Adoption of policy regarding approval of PEDC Board of Directors' nomination of <br />sitting council member to fill one-year term on the Board <br />.DATE: July 27, 2020 <br />BACKGROUND: On June 22, 2020, the City Council approved several changes to the Bylaws of <br />the PEDC including amendments set forth. in the following motion. as indicated by the Minutes: <br />"A Motion to increase the number of directors from five to seven members, and one of those <br />members being a sitting Council Member who will be selected by the PEDC for a term of one year <br />was made by Council Member Hughes and Seconded by Council Member Knox." The Motion <br />carried by the 5 votes required by the PEDC's bylaws in Section 10.4. (See Minutes of June 22, <br />2020 meeting, attached.) I had symptoms of COVID-19 and was tested on. that day, so I was not <br />present at the meeting, Because Texas Local Government Code Sec. 504.05 1 (b), provides that "a <br />director is appointed by the governing body of the authorizing municipality...," the Council cannot <br />delegate that authority to the Board of Directors; however, there is no prohibition. against providing <br />that the Board of Directors nominate a member subject to council approval. There is a separate <br />item on this agenda regarding adopting an amendment to the bylaws Which would provide for this. <br />STATUS OF ISSUE: Mayor Clifford has asked that I draft a policy for Council's consideration <br />expressing Council's intention to approve the PEDC Board's nomination of a Council. Member to <br />serve on the Board for a one-year to unless there are substantial mitigating factors to the <br />contrary. I have attached a proposed policy for your consideration. <br />BUD(i.ET: N/A <br />RECOMMENDATION: Consider and possibly approve the attached policy if Council approves <br />amendment to the PEI)C bylaws increasing the number of directors from 5 to 7, with one seat to <br />be filled by a sitting Council. member nominated by the PEDC and approved by Council to serve <br />a one-year term, <br />