Loading...
19 - BOARD & COMMISSION REVISIONS & ENHANCEMENTSItem No. 19 memorandum TO: Mayor & City Council FROM: John Godwin, City Manager SUBJECT: BOARD & COMMISSION REVISIONS & ENHANCEMENTS DATE: May 11, 2017 BACKGROUND: Council- appointed volunteer boards, commissions, and committees are extremely important to any city. They provide new and different insights, expand the expertise of the city, offer opportunities for citizen involvement and participation, and can serve as excellent training grounds for future council members. In order to ensure that volunteer members, and the boards and commissions on which they serve as a whole, are functioning properly and well, we need to review and revise our operating procedures and policies from time to time. I have attached two documents that address boards and commissions, their roles and responsibilities, one a revised existing document, the other a new one. STATUS OF ISSUE: The first is a revised Policies and Procedures, with additions underlined and deletions stricken, and all changes highlighted. Most of the suggested changes are for clarification, to reflect ordinance changes, or to make the policies consistent with the way our boards actually function. One substantive change is a requirement that members meet the same membership qualifications as council members; specifically they must be registered Paris voters. Another change is required participation in an orientation conducted by the city manager or other appropriate staff to fully explain their duties and responsibilities. This is in addition to the state - mandated public information and open meetings training that is done online before taking office. We have not always done a good job of preparing volunteers for their service, and in order to make that service less frustrating and more productive, I have put together a listing of the duties, responsibilities, and prohibitions of board members. These are meant to help new members understand their roles and functions, thereby enabling them to contribute as much as possible. There is also a list of council duties; similarly, we have not always done a good job helping new council members either, and when things are not clear, misunderstandings can and do occur. BUDGET: NA. RECOMMENDATION: Approve attached revisions and procedures, including any revisions agreed to by council. POLICIES AND PROCEDURES FOR STANDING BOARDS, COMMISSIONS, AND COMMITTEES MEMBERSHIP 1. Except for the Paris Economic Development Corporation, Civil Service Commission and Zoning Board of Adjustment, each committee shall be composed of seven members appointed to serve "at- will" by the city council. 2. As provided for in the Chapter 504 of the Texas Local Government Code, the Paris Economic Development Corporation (PEDC) shall have a minimum of five directors. In addition, the PEDC shall have two ex -officio members; the mayor and the city manager. appeWed by the Getmeih- 3. As provided for in Chapter 143 of the Texas Local Government Code, the Civil Service Commission shall be limited to three members. 4. As provided for in Section 16 -100 of the City Zoning Ordinance, the Board of Adjustment shall consist of five members, each to be appointed by Resolution of the city council for a term of two years. The city council may shall appoint two alternate members, who shall serve in the absence of one or more of the regular members when requested by the mayor or city manager or their designee. 5. Committees sha11 may include one council member liaison appointed as ex office members by a majority vote of the city council, except for the Paris Housing Authority (Reference: Texas Attorney General Opinion KP -006). 6. Committees shall include ene -er- more a city staff liaisons appointed as ex offieia nberby the city manager. 7. }e A4 or- - and — Cit-y Manager- shall sef o as o „if-,.; effibo,.s to e&sh 8. &i -effieie 1-i-aisenmember-s may paftieipate in - diseessions of the tee QUALIFICATIONS 1. Qualifications for appointment and service on a city committee shall include: a. No delinquent indebtedness to the city. b. No family relationship within the second degree by affinity (marriage) or within the third degree by consanguinity (blood) to any member of the city council or to the city manager. c. No conflict between the appointee's private interests and duties and their interests and duties as a committee member. d. Attendance at a minimum of 75 percent of all regular meetings. 2. Appointees shall take an oath of office prescribed by the city council prior to taking office. 3. Unless the authorizing ordinance or law creating a Board, Commission or Committee specifically allows otherwise, all applicants and appointees must be a qualified voter of the city of Paris, Texas or Lamar County, Texas if the Board, Commission or Committee membership allows for residents in the county. 4. Any qualifications mandated by State law shall also apply. City of Paris Board, Commission, and Committee Policies Revised 04/21/17 APPOINTMENT & TERMS 1. Appointments shall be made at the second regular city council meeting in June or as soon thereafter as practical, unless necessary to fill a vacancy. 2. Applications shall be made available to persons interested in serving on a city committee. City staff shall post notice and advertise that committee appointments will be made as well as distribute and collect applications. The city clerk or their designee shall review each application for completeness and eligibility. e the first regular- Getmeil meeting in Ria-e 3. The council shall select from the entire slate of eligible nominees. 4. Each appointment shall be for three- years, unless the authorizing ordinance or law specifically allows otherwise. 5. Appointments are contingent upon attending a„ orientation workshop covering ethics, the Public Information Act, and the Open Meetings Act. The mien workshop sha44 must be completed wed prior to appointees taking the oath of office. 6. Appointees are limited to a maximum of two three -year consecutive full terms on the same committee, except appointees to the Board of Adjustment, Historic Preservation Commission, and Zoning Board of Adjustment, who may serve a maximum of three two -year consecutive full terms. If an appointee has prior consecutive service as the result of filling a vacancy, prior service shall not be included in the count of three, consecutive full terms. Additionally, service on other committees shall not be included in the count of three, consecutive full terms. 7. Appointees shall be limited to service on no more than one standing board, commission, or committee with legisla4ive authority at one time Appointees are not prohibited from serving on additional ad hoc committees or standing boards, commissions, or committees that are purely advisory. VACANCIES 1. Appointees to vacant positions will serve the remainder of their predecessors' unexpired terms. 2 Appointees filling vaeaneies shall meet with the Gity e° eta to review t the .....l... i.iieiiiia ivii et, and OYen Meetings Aet prior- to being swai:n in. REMOVAL Members may be removed by an affirmative majority vote of the entire Council. "Entire council" is defined as the entire membership of the council, excluding any vacant positions. Members of the Building Code Board of Appeals may only be removed for cause. City of Paris Board, Commission, and Committee Policies Revised 04/21/17 OFFICERS 1. Officers of each committee shall include a Chair and Vice- chair. a ^a Seer -et f- 2. The duties of the chair include calling and presiding over meetings of the committee, and o g dia4 all ro elti fi ns of the mittee o implemented. 3. The duties of the Vice -Chair shall be to serve as Chair in the absence or disability of the Chair. timely, r-easenable, and pfudent ,r 5. Officers shall be elected by the membership of the body at their first meeting after appointment of committee members. 6. The term of office for officers shall be from their time of appointment through the first meeting after appointment of committee members by the council, typically in June, i.e. approximately one -year. 7. Unless authorized by ordinance or law, no officer shall serve more than twee two full consecutive terms in a single position. 8. Officers may be removed from their office, but not the committee, by a simple affirmative majority vote of a quorum of the committee. MEETINGS 1. Each committee shall meet at least quarterly, of and more frequently as the committee shall deem necessary, and at a time and location determined by the committee. 2. The chair or „ m ;or-it.. of ti e i.ed board staff liaison shall have authority to call a meeting of the committee. 3. Meetings shall be posted at the City Hall Annex Building, and on the city's website, and the city's newspaper of record shall be sent notice of the meeting at the time of posting. TRAINING 1. The city manager or his designee shall conduct a training workshop on Board, Commission and Committee duties and responsibilities, E *yes, the Publie infefma4ion Aet, and the Open - Meetings —Aet after appointments are made but before appointees take their oath of office, or as soon thereafter as practical. 2. Appointees shall be required, at the city's expense, to complete any additional training required by any governing statutes, regulations, ordinances, or resolutions. City of Paris Board, Commission, and Committee Policies Revised 04/21/17 COMMITTEES, BOARDS, & COMMISSIONS The Paris City Council may create committees, boards and commissions to assist in city government, by performing such duties as the City Council may specify, not inconsistent with the city charter and Texas statutes. The work done by citizens serving on boards and commissions is a vital part of the work of the city. Such individuals provide time, expertise, experience and unique perspectives that might otherwise be lacking should the city rely strictly on its appointed and elected officials or its consultants. Paris generally has four types of boards and commissions: (1) advisory, (2) decision - making, (3) separate entity, and (4) ad -hoc. (1) Advisory boards and commissions advise the city council on public policy. They play a very important role in city government by providing the council with creative ideas and feedback from the community, and by serving as a sounding board for proposed public policy. The role of advisory boards and commissions is not to make policy, nor do they have any legal authority. Examples of citizen advisory boards and commissions include the Library Advisory Board, Planning and Zoning Commission, and Traffic Commission. (2) Decision - making boards and commissions also serve as advisory groups to the council, but they also have quasi - judicial authority, and often have a basis in state law. Decision - making boards and commissions set or enforce policy and make legally binding decisions. The ordinances creating decision - making boards often require members to have expertise in certain areas. Examples of decision - making boards and commissions include the Building Standards Commission, Historic Preservation Commission, and the Board of Adjustment. (3) Separate entity boards and commissions are actually separate legal entities apart from the city. However, they may receive a significant portion of their funding from the city and /or the city appoints some or all of its members. The members of these boards usually oversee an operation or organization much as would a board of directors. Examples of separate entity boards are the Paris Economic Development Corporation and the Paris -Lamar County Health District. (4) Ad -hoc committees, boards, and commissions are created periodically to address specific needs or concerns for a limited period of time. They are almost always strictly advisory in nature. Examples include the Lake Crook Park Advisory Committee, charter committees, and the Capital Improvements Committee. The city council shall have the authority to create ad -hoc committees and to appoint members thereto with a simple majority vote. ACTIVITIES OF COMMITTEES, BOARDS, & COMMISSIONS Memhers- • Should attend all meetings of the committee, board, or commission to which they are appointed (it is not a staff responsibility to send meeting reminders to members), arriving to meetings on time. • Shall vote on all matters before the body, unless there is an identified conflict of interest (in which instance the conflict shall be announced and the member shall leave the meeting until the item is closed). • Shall decide all questions before the body by a majority vote; the presiding officer shall vote, and may submit or entertain motions. • Shall not discuss matters not on its posted meeting agenda. • Shall not discuss matters of city business in a number of members constituting a quorum, unless in a duly noticed meeting. • Shall not participate in a "walking" quorum, whereby a matter is discussed by less than a quorum at one time, but over a series of meetings is discussed by a by a quorum. • Shall not express a personal opinion or position and represent it as being the position or opinion of the body or the city, unless authorized to do so by a majority of the council in a public vote. • Have no authority to instruct, direct, or give orders to city staff or consultants, either publicly or privately, nor should they become involved in any personnel or operational issues. • Have no authority to expend or encumber funds. • Must complete mandatory Open Meetings Act training within 45 days of their appointment or reappointment. • Should help ensure that all meetings are conducted in an open manner, and consistent with state law. • Should help ensure that all meetings follow a written agenda, posted a minimum of 72 hours in advance of any meeting's beginning, and comply with the Texas Open Records Act. • Shall annually elect a chairperson, and other officers as appropriate. The chair, or vice chair in his /her absence, shall moderate each meeting, including recognizing speakers, maintaining order and decorum, stating motions, ensuring time is well spent and that each member is allowed to provide input into discussions as appropriate, determining points of order, stating each agenda item, and stating each question prior to a vote. The chair shall have no additional authority over other board members except in his /her role as moderator of commission meetings. • Shall preserve order and decorum while the body is in session, avoiding all personalities and indecorous language. • Shall listen respectfully to applicants, witnesses, citizens, and others appearing before the body. • Shall not, by conversation or otherwise, delay or interrupt the proceedings of the board nor disturb any member while speaking. • Shall warn any person making personal, slanderous, or impertinent remarks, or who shall be boisterous, vulgar, or otherwise behave in an inappropriate manner, to cease such behavior, and failing to do so, request said person(s) to leave the meeting. • Shall not grant any special consideration, treatment or advantage to a person or organization beyond that which is available to every other person or organization. • Shall not personally represent, or appear on behalf of, the private interests of others. • Shall not meet or confer (by phone, in person, email, etc.) with any applicant or representative of an applicant unless with city staff. • May not apply for employment with the city while serving on a board or commission. • May not use city supplies, equipment or facilities for any purpose other than the conduct of official city business. • Must attend a mandatory committee, board, and commission orientation. COUNCIL MEMBERS Shall: • Attend all meetings of the city council. • Vote on all matters before the body, unless there is an identified conflict of interest (in which instance the conflict shall be announced and proper affidavit filed). • Annually elect a mayor. • Elect a mayor pro tem to act as mayor during council meetings in the absence or disability of the mayor, or should the mayor be unable to preside over a matter due to a conflict of interest. • Provide a focal point for citizen input. • Place relevant agenda items on the council's meeting agendas, consistent with council policy. • Maintain responsibility for the policy- making function of city government. • Develop and prioritize broad strategic goals for the city. • Adopt an annual city budget and set an ad valorem tax rate, consistent with state law. • Authorize the issuance of bonds and other forms of long -term debt. • Establish a planning & zoning commission and a zoning board of adjustment. • Seek out and appoint highly qualified members to citizen boards, commissions, and committees. • Remove members of boards, commissions, and committees by a majority vote. • Adopt plats, following review by and recommendation from the P &Z. • Adopt and modify the official map of the city. • Appoint and remove the city attorney. • Appoint and remove the municipal judge. • Appoint and remove the city manager. • Ratify the city manager's appointment of certain department heads. • Serve without pay or compensation. • Complete state - mandated training on open meetings and public information. • Adhere to all existing charter provisions and ordinances. Shall not: • Instruct, direct, or give orders to city staff, either publicly or privately. • Individually instruct, direct, or give orders to the city manager, city attorney, or municipal judge (each works for the council as a single body, not for individual members). • Share conversations from council's executive sessions. • Divulge privileged information from legal briefings by the city attorney or other attorneys employed by the city, in contravention of the attorney - client privilege. • Attempt to interfere in any police matter or investigation. • Attempt to interfere in any matter before the municipal court. • Discuss matters at a council meeting not on the posted council agenda. • Discuss matters of city business in a number of members constituting a quorum, unless in a duly noticed council meeting. • Participate in a "walking" quorum, whereby a matter is discussed by fewer than four council members at one time, but over a series of meetings is discussed by a council quorum; this prohibition includes personnel matters. • Express a personal opinion or position and represent it as being the position or opinion of the council or the city, unless authorized to do so by a majority of the council in a public vote. • Have authority to expend city funds. • Present materials or other information to the council unless said information is provided to the entire council in advance of the meeting, or if doing so is impractical or impossible. • Use the council's agenda or time for issues of a personal nature. THE MAYOR Shall: • Preside at meetings of the city council, enforcing rules of order, recognizing speakers, stating motions, ensuring all matters before the council are addressed in a timely and thorough manner and that each member is allowed to provide input into discussions as appropriate, determining points of order, stating each agenda item, and stating each question prior to a vote. • Be entitled to vote upon all matters considered by the council. • In conjunction with the city manager, city attorney, and city clerk, create a published agenda for each council meeting. • Represent the city government for all ceremonial purposes. • Be recognized by the governor for purposes of martial law. • Execute agreements, ordinances and resolutions as authorized by a majority vote of the city council. • Appoint ad hoc advisory committees to address specific city issues, matters, or interests. • Appoint members to serve on the health district's board. • Issue and present mayoral proclamations. • Issue disaster declarations as appropriate, under the advice of the emergency management coordinator. • Have all other powers, duties, and responsibilities as any other council member. • Have the same prohibitions and limitations as any other council member. Shall not: • Have any administrative duties. • Have veto power. • Have any authority over other members of the council except in his /her role as moderator of council meetings. • Have any authority over personnel. • Claim or attempt to exercise powers for which explicit authorization is not found.