ORD 2009-28 - Rules of Procedure Amend 03-03-2009ORDINANCE NO. 2009-28
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS,
AMENDING THE RULES AND PROCEDURES FOR THE CITY
OF HUNTSVILLE CITY COUNCIL; MAKING VARIOUS OTHER
FINDS AND PROVISIONS RELATED THERETO; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Section 4.08 of the City Charter of the City of Huntsville states that "The
Council shall by ordinance determine its own rules and order of business'; and
WHEREAS, City Council adopted Rules of Procedure by Ordinance 2004 -21 on
November 9, 2004; and as amended by Ordinance 2006 -03 on January 17, 2006; by
Ordinance 2007 -05 on February 6, 2007; and by Ordinance 2008 -30 on August 19, 2008.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF HUNTSVILLE, TEXAS, THAT:
Section 1: The Rules and Procedures for the City Council of the City of Huntsville
are hereby amended as Exhibit 1.
Section 2: This Ordinance shall take effect immediately upon its passage by the City
Council.
PASSED AND APPROVED on this the 3rd day of March 2009.
I1
CITY O$- HUNTSVILLE, TEXAS
J. Turner, Mayor
Brim, City Secretary
APPROVED AS TO FORM:
Schneider, Interim City Attorney
CITY COUNCIL
RULES OF PROCEDURE
CITY OF HUNTSVILLE, TEXAS
F1
As Adopted by Ordinance No. 2004 -21
Effective November 9, 2004
Amended January 17, 2006
Amended February 6, 2007
Amended April 17, 2007
Amended August 19, 2008
Amended March 3, 2009
TABLE OF CONTENTS
Section1— GENERAL ....................................................... ..............................1
Section 2 — AUTHORITY
2.1. City Charter Requirements .............................................. ..............................1
2.2. Conflicts between the Charter and the Code .......................... ..............................1
2.3. Primary Reference ........................................................ ..............................1
Section 3 - Sessions
3.1. Regular Sessions ......................................................... ...............................
l
3.2. Special Sessions .......................................................... ...............................
l
3.3. Workshop Sessions ..................................................... ...............................
1
3.4. Executive Sessions ....................................................... ..............................2
Right to Appeal .......................................................... ............................... 7
3.5. Public Hearings ............................................................ ..............................2
Voting ...................................................................... ..............................8
3.6 Town Hall-Meetings ...................................................... ..............................2
Demand for Roll Call .................................................... ..............................8
3.7. Public Notice ............................................................... ..............................2
Personal Privilege ......................................................... ..............................8
3.8. Quorum ...................................................................... ..............................2
Dissents and Protests ................................................ ............................... 8
3.9. City Manager Participation .............................................. ..............................3
Excusal from Attendance ................................................ ..............................8
3.10. City Attorney Participation ............................................. ..............................3
Excusal During Meetings .............................................. ..............................8
3.11. City Secretary Participation .......................................... ...............................
3
3.12. City Department Head Participation ................................ ...............................
3
3.13. Agenda .................................................................. ...............................
3
3.14. Minutes ................................................................. ...............................
4
3.15. Attendance by the Public ............................................. ...............................
4
3.16. City Legislation and Actions of Significant Public Impact and Concern .....................
4
Section 4 - STANDARDS OF CONDUCT
4.1. City Councilmembers .................................................. ............................... 5
4.2. City Staff ................................................................. ............................... 5
4.3. Citizens and Visitors ..................................................... ..............................6
4.4. Enforcement ............................................................... ..............................7
Section 5 - DUTIES AND PRIVILEGES OF COUNCILMEMBERS
5.1.
Seating Arrangement ..................................................... ..............................7
5.2.
Right of Floor ............................................................. ..............................7
5.3.
Conflict of Interest ...................................................... ............................... 7
5.4.
Right to Appeal .......................................................... ............................... 7
5.5.
Voting ...................................................................... ..............................8
5.6.
Demand for Roll Call .................................................... ..............................8
5.7.
Personal Privilege ......................................................... ..............................8
5.8.
Dissents and Protests ................................................ ............................... 8
5.9.
Excusal from Attendance ................................................ ..............................8
5.10.
Excusal During Meetings .............................................. ..............................8
Rules of Procedure ii March 3, 2009
City of Huntsville, Texas
Section 6 - CHAIR AND DUTIES
6.1.
Chair ........................................................................ ..............................9
6.2.
Call to Order ............................................................... ..............................9
6.3.
Preservation of Order .................................................... ..............................9
6.4.
Questions to be Stated ................................................... ..............................9
6.5.
Call for Recess ............................................................ ..............................9
Section 7 - ORDER OF BUSINESS
7.1. Regular and Special Sessions ........................................... ..............................9
7.2. Workshop and Executive Sessions ..................................... .............................10
7.3. Public Hearings ............................................................ .............................10
7.4. Town Hall Meetings ..................................................... ..............................1 l
7.5. Addressing the City Council ............................................ ..............................1 l
7.6. Adjournment ................................................................ .............................13
Section 8 — RULES OF ORDER
8.1. General .................................................................... .............................13
8.2. Authority of the Chair ................................................... .............................14
8.3. Obtaining the Floor ...................................................... .............................14
8.4. Council Deliberation and Order of Speakers ......................... .............................14
8.5. Length of Comments .................................................... .............................15
8.6. Limit Deliberation to Item at Hand .................................... .............................15
8.7. Motions ................................................................. ...............................
15
8.8. Procedures for Motions ................................................. .............................15
8.9. Order of Precedence for Motions ...................................... .............................16
8.10. Amendments to Motions .............................................. .............................16
8.11. Motion to Continue .................................................. ...............................
16
8.12. Motion to Remove ................................................... ...............................
16
8.13. Motion to Table ......................................................... .............................16
8.14. Motion to Refer ......................................................... .............................16
8.15. Motion to Lay on the Table ........................................... .............................16
8.16. Motion to Take from the Table ....................................... .............................17
8.17. Withdrawal of Motion ................................................. .............................17
8.18. Motion for Reconsideration ........................................... .............................
17
8.19. Motion to Close Debate ............................................. ...............................
17
Section 9 — VOTING RULES
9.1. General .................................................................... .............................18
9.2. Abstentions ................................................................ .............................18
9.3. Tie Votes .................................................................. .............................18
9.4. Voting Standards ......................................................... .............................18
9.5. Work Sessions ............................................................ .............................18
Section 10 - CITY COUNCIL COMMITTEES
10.1. Committees Established ............................................... .............................19
10.2. Appointment ............................................................. .............................19
Rules of Procedure iii March 3, 2009
City of Huntsville, Texas
10.3. Committee Meetings ................................................
............................... 19
10.4. Ad Hoc Committees ....................................................
.............................20
10.5. Agenda and Information ............................................
............................... 20
Section 11- RULES SUSPENSION, AMENDMENT, ANNUAL REVIEW
11.1. Suspension of Rules .................................................... .............................20
11.2. Amendment of Rules ................................................ ............................... 20
11.3. Annual Review of Rules ............................................ ............................... 20
Section 12 — ADMINISTRATIVE SUPPORT TO COUNCILMEMBERS
12.1. Mail and E- mail ...................................................... ............................... 21
12.2. Clerical Support ...................................................... ............................... 21
12.3. Master Calendar ........................................................ .............................21
12.4. Requests for Research or Information ............................. ............................... 22
12.5. Notification of Significant Activities or Events ................. ............................... 22
Section 13 — INVESTIGATIVE PROCEDURES
13.1. Subpoena Procedure ................................................ ............................... 22
13.2. Administering Oaths and Sworn Testimony ..................... ............................... 22
13.3. Investigative Procedures in General .............................. ............................... 23
Annexes:
A — Fundamental Principles of Parliamentary Law .................... ............................... A
B — Glossary of Parliamentary Terms ....................................... ..............................B
C — Chief Purposes of Motions ............................................. ............................... C
D— Parliamentary Strategy ................................................... ..............................D
E — Principle Rules Governing Motions ...... ............................... ..............................E
Rules of Procedure iv March 3, 2009
City of Huntsville, Texas
Section 1— GENERAL
Parliamentary law and the rules of procedure derived from such law are essential to all
deliberative organizations so that they may consider all matters before them in an effective and
efficient manner and produce results that are legal and binding. Moreover, such procedural
safeguards ensure due process during deliberations among members of the organization while at
the same time protecting the rights of both the group and each member. Accordingly, these rules
of procedure establish guidelines to be followed by all persons attending City Council meetings,
including members of the City Council, administrative staff, news media, citizens and visitors.
Section 2 — AUTHORITY
2.1 The City Charter of Huntsville, Texas [Adopted: September 28, 1968; Amended: January
21, 1992; and Amended May 15, 2004] provides in Article IV (The Council), Section
4.08 (Rule of Procedure) that: "The Council shall by ordinance determine its own rules
and order of business. Thus, these rules of procedure are established.
2.2 In the event of any conflict between the City Charter and these rules of procedure, the
City Charter shall prevail.
2.3 The primary reference for the development of these rules of procedure is The Standard
Code of Parliamentary Procedure, 4"' Edition by Alice Sturgis.
Section 3 — SESSIONS
3.1. Regular Sessions.
The City Council shall conduct regular sessions generally on the first (I") and third (P)
Tuesdays of each month. All regular sessions shall normally be scheduled to begin at
6:00 p.m. at City Hall and are open to the public.
3.2. Special Sessions.
In accordance with Section 4.07 (Meetings of the Council) of the City Charter, "special
meetings may be called at any time by the Mayor, the City Manager, or by a majority of
the Councilmembers qualified and serving by giving notice to the City Secretary who
shall in turn give notice of such special meetings to all members of the Council at least
seventy -two (72) hours prior to such meeting. Provided, however, any member of the
Council may either before or after such meetings waive such notice." Special Sessions
are open to the public.
3.3. Workshop Sessions.
Workshop sessions may be scheduled by the Mayor, a majority of Councilmembers or by
the City Manager. They are normally conducted prior to regular or special sessions but
may also be conducted at other times as well. Their purpose is to exchange information
between Council, staff, vendors or other groups. No official action is taken by Council
during these sessions, but workshops shall be posted and are open to the public.
3.4 Executive Sessions.
The City Council may meet in executive session under the provisions of the Texas Open
Meetings Act. No vote shall be taken in an executive session on any matter under
consideration nor shall any City Council member enter into a commitment with another
respecting a vote to be taken subsequently in a public meeting of the City Council. The
City Council shall follow both the letter and the spirit of the Texas Open Meetings Act.
Closed executive sessions shall be kept to a minimum.
3.5 Public Hearings.
Public hearings may be scheduled to present evidence on both sides of issue(s). Some
public hearings are required by state law such as approving an annual budget and setting
a tax rate. Others are conducted voluntarily to obtain a full range of citizen input on
important matters, such as a proposed bond issue. Public hearings may be scheduled as
part of a Regular Session or on other occasions as necessary.
3.6 Town Hall Meetings.
Town hall meetings may be scheduled periodically for the purpose of open discussion
with citizens of Huntsville on specific issues or general matters regarding the activities of
the City. Action may not be taken by the City Council at a town hall meeting. If any
action is indicated, the matter will be scheduled as an agenda item at a regular session of
the City Council. Any citizen may participate in a town hall meeting, and there is no
requirement to sign up to speak prior to the meeting.
3.7. Public Notice.
The agenda for all meetings and the notice listing items to be considered shall be posted
by the City Secretary on the City's office bulletin board in accordance with the Texas
Open Meetings Act [Chapter 551, Texas Government Code].
3.8 Quorum.
Five members shall constitute a quorum to legally conduct city business, and a majority
of those present shall be necessary to adopt any ordinance or resolution. In the case of
Council committees, the presence of two Councilmembers assigned to the committee
shall constitute a quorum to make further recommendations to the City Council.
Rules of Procedure 2 March 3, 2009
City of Huntsville, Texas
3.9 City Manager Participation.
The City Manager, or acting City Manager, shall attend all meetings of the City Council
unless excused by the Mayor. The City Manager may make recommendations to the City
Council and shall have the right to take part in all discussions, but shall have no vote.
3.10 City Attorney Participation.
The City Attorney, or designated assistant City Attorney, shall attend all meetings of the
City Council unless excused by the Mayor and shall, upon request, give an opinion, either
written or oral, on questions of law. The Mayor may appoint a Councilmember to act as
parliamentarian.
3.11 City Secretary Participation.
The City Secretary or designated deputy City Secretary shall attend all meetings of the
City Council unless excused by the Mayor and shall keep accurate records of all actions
taken by the City Council.
3.12 City Department Head Participation.
The city staff department heads shall be available in City Hall during all City Council
regular sessions to respond to inquiries made by the City Council, unless excused by the
City Manager. The City Council may request the presence of specific department heads
or staff members, through the City Manager, for other meetings or sessions.
3.13 Agenda.
a. The Mayor, Councilmembers, City Manager, City Attorney, and the City Secretary may
place items on the agenda. Agenda items shall be submitted in written form to the City
Secretary in accordance with subsection 3.13 b. The City Secretary will coordinate the
placement of items on the agenda with the City Manager who will resolve any conflicts
with Mayor and Councilmembers. Agenda items may be removed only by the person
who initially placed that item on the agenda.
b. Items to be placed on the agenda, including any necessary or applicable supporting
documents and materials to be included in agenda packets must be submitted to the City
Secretary in order to allow compliance with the Texas Open Meetings Act 72 -hour notice
provision. To that end agenda items and supporting materials should be, whenever
possible, presented to the City Secretary not - later -than 12:00 o'clock noon on the 12`s day
preceding the next scheduled Council meeting. Matters for the agenda that arise within
the 12 -day period should be submitted as soon as possible.
c. The City Secretary shall submit a draft agenda to the Council, City Manager, and City
Attorney on or before the Wednesday preceding the next scheduled Council meeting for
review and revision.
Rules of Procedure 3 March 3, 2009
City of Huntsville, Texas
d. The agenda packets for all regular sessions will be available in City Hall after 4:00 p.m.
on the Thursday preceding the following Tuesday meeting, or on the fifth day preceding
for meetings not on Tuesdays.
c. The City Secretary will make available to the local media a copy of the agenda and
ensure that the agenda is posted to the City web site seventy two (72) hours prior to the
meeting.
f. The City Secretary is responsible to ensure that all meeting agendas are properly posted
in full compliance with the Texas Open Meetings Act prior to the meeting being
conducted.
3.14 Minutes.
a. Minutes of City Council meetings will be recorded and maintained by the City Secretary,
The Minutes will include final motions with voting results. The minutes will also reflect
the names of those citizens presenting public comments.
b. Minutes of meetings will generally be submitted to the City Council for approval at the
next regular scheduled meeting.
c. The City Secretary shall maintain recordings of open meetings for 90 days after approval
by the City Council in accordance with the Records Retention Schedule.
d. The City Secretary shall, however, preserve and maintain any and all audio and video
recordings of open meetings and archive the same, making them available to the public
on request.
3,15 Attendance by the Public.
Members of the public are invited and encouraged to attend any sessions of the City
Council that are not closed to the public in accordance with the Texas Opening Meetings
Act,
3.16 City Legislation and Actions of Significant Public Impact and Concern.
Any action or ordinance of the City of Iuntsville that falls into the following three
categories is considered an action of significant public impact and concern:
a. Any action or ordinance that criminalizes behavior or creates criminal liability.
b. Any action or ordinance that has a substantial impact on private property rights.
c. Any action or ordinance that involves the expenditure of more than three hundred
thousand dollars ($300,000) and that is not a recurring expense or renewal of an expense.
Rules of Procedure 4 March 3, 2009
City of Huntsville, Texas
The City Council shall not vote on any action of significant public impact and concern
unless and until it has been presented and discussed in at least two Council meetings,
which occur within a 60 -day period of time.
Section 4 - STANDARDS OF CONDUCT
4.1. City Council Members.
a. During City Council meetings, City Councilmembers shall assist in preserving order and
decorum and shall neither by conversation or other activity delay or interrupt the
proceedings nor refuse to obey the orders of the presiding officer or the rules of the City
Council.
b. A City Councilmember desiring to speak shall address the chair and, upon recognition by
the presiding officer, shall confine his/her discussion to the question under debate and
avoid discussion of personalities, the use of inappropriate language, making personal
attacks, and verbally abusing colleagues or anyone else in attendance.
o. Councilmembers may question city staff members during meetings when they are making
presentations to the City Council. Councihmembers shall neither berate nor admonish
city staff members. Questions to other city staff members who are not making
presentations should first be directed to the City Manager who will then ask the
appropriate city staff member to respond. Or, the City Manager may address the question
himself.
d. A City Councilmember, once recognized, shall not be interrupted while speaking unless
called to order by the presiding officer. If a City Councilmember is called to order while
speaking, that member shall cease speaking immediately until the question of order is
determined.
e. City Councilmembers shall confine their questions to the particular matters before the
assembly and in debate shall confine their remarks to the issues before the City Council.
f When there is more than one speaker on the same subject, City Councilmembers will
delay their subsequent comments until after all speakers on the subject have been heard.
4.2 City Staff.
a. Members of the city staff and employees of the City shall observe the same rules of
procedures and decorum applicable to members of the City Council.
b. Although the presiding officer has the authority to preserve decorum in meetings, the
City Manager also is responsible for the orderly conduct and decorum of all city staff
members under the City Manager's direction and control.
Rules of Procedure 5 March 3, 2009
City of Huntsville, Texas
c. The City Manager shall take such disciplinary action as may be necessary to ensure that
decorum is preserved at all times by city staff members in City Council meetings.
d. All staff members addressing the City Council, including the City Manager, other staff
members, or members of the public shall be recognized by the presiding officer and shall
limit their remarks to the matter under discussion.
e. All remarks and questions addressed to the City Council by staff members shall be
addressed to the City Council as a whole and not to any individual member.
f No staff member, other than the staff member having the floor, shall enter into any
discussion, either directly or indirectly, without permission of the presiding officer.
4.3 Citizens and Visitors.
a. Citizens and visitors are welcome to attend all public sessions of the City Council and
will be admitted to the City Council chamber or other room(s) in which the City Council
is meeting but not to exceed the fire safety capacity of the room(s).
b. Everyone attending the meeting will refrain from private conversations while the City
Council is in session.
c. Citizens and visitors attending City Council meetings shall observe the same rules of
propriety, decorum and good conduct applicable to members of the City Council. Any
person making personal, impertinent, profane or slanderous remarks or who becomes
boisterous while addressing the City Council or while attending the City Council meeting
shall be removed from the room, if the Director of Public Safety is so directed by the
presiding officer. That person shall be barred from further attendance at that session of
the City Council. If the presiding officer fails to act, any member of the City Council may
move to require enforcement of the rules. The affirmative vote of a majority of the City
Council in attendance shall require the presiding officer to act.
d. Reactions from the audience following the recognition and rewarding of citizens and
special guests is considered appropriate and encouraged. Reactions from the audience
during staff presentations to the Council and during debate between Councilmembers are
not appropriate and not permitted. The presiding officer will ensure that the decorum of
the meeting is maintained and is appropriate.
e. No placards, banners, or signs will be permitted in the City Council chamber or in any
other room in which the City Council is meeting. Exhibits, displays, and visual aids used
in connection with presentations to the City Council, however, are permitted.
f. Citizens and visitors attending City Council meetings shall not bring food or drink into
the City Council chamber or into any other room in which the City Council is meeting.
Rules of Procedure 6 March 3, 2009
City of Huntsville, Texas
4.4 Enforcement.
The Director of Public Safety, as chief law enforcement officer for the city, shall ensure
that a safe environment exists for the City Council to conduct its meetings and shall
furnish whatever assistance is needed to enforce the rules of the City Council.
Section 5 - DUTIES AND PRIVILEGES OF COUNCILMEMBERS
5.1. Seating Arrangement.
In meetings where the Council is seated at the dais, the Mayor shall be seated at the
center of the dais; Councilmembers at Large shall be seated on the Mayor's right;
Councilmembers representing the wards shall be seated on the Mayor's left; the City
Secretary shall be seated at the Mayor's extreme right; the City Attorney shall be seated
at the Mayor's extreme left; and the City Manager shall be seated adjacent to the Mayor,
either to his left or right, depending on whether the Mayor Pro Tern is at large or a ward
representative. Councilmembers may decide their specific seating on each side among
themselves, but generally the senior members will be closer to the center, and the Mayor
Pro Tern will be seated next to the Mayor.
5.2. Right of the Floor.
A Councilmember desiring to speak must first be recognized by the presiding officer. No
member shall address the presiding officer or demand the floor while a vote is being
taken.
5.3. Conflict of Interest.
A City Councilmember prevented from voting by a conflict of interest, shall step down
from the dais and take a seat in the audience, shall not vote on the matter, shall not
participate in discussions regarding the matter or attempt to influence the Council's
deliberation of the matter in any way, shall not attend executive sessions regarding the
matter, and shall otherwise comply with the state law and city ordinances concerning
conflicts of interest including Chapter 171 of the Local Government Code.
5.4. Right of Appeal.
Any member may appeal to the City Council from a ruling of the presiding officer. If the
appeal is seconded, the member making the appeal may briefly explain the objection; but
there shall be no debate on the appeal, and no other member shall participate in the
discussion. The presiding officer shall then put the question, "Shall the decision of the
chair be sustained ?" If a majority of the members present vote "Yes," the ruling of the
chair is sustained; otherwise, it is overruled.
Rules of Procedure 7 March 3, 2009
City of Huntsville, Texas
5.5. Voting.
a. When a vote is called, every member present shall vote either "Aye" or "No" except on
matters involving a conflict of interest that compels a Councilmember to abstain. In that
event the Councilmember abstaining from the vote must comply with Section 4.09
(Abstentions) of the City Charter prior to vote but not - latex -than 72 hours following the
vote. A Councilmember who cannot be present for a vote(s) may submit an opinion on
the vote(s) to be taken, in writing, to be read aloud and into the minutes of the meeting.
b. After the result of a vote is announced, a member may not change a vote unless, before
the adjournment of that meeting, permission is given to change the vote by a majority
vote of the members present.
5.6. Demand for Roll Call.
Upon demand of any member for a roll call vote, made before the result is announced, the
roll shall be called for "Aye" and "No" votes upon any question before the City Council.
It shall not be in order for members to explain their vote during the roll call.
5.7. Personal Privilege.
The right of a member to address the City Council on a question of personal privilege
shall be limited to cases in which the member's integrity, character, or motives are
assailed, questioned, or impugned.
5.8. Dissents and Protests.
Any member shall have the right to express dissent from or protest against any ordinance,
resolution, or other action of the City Council and have the reason for the dissent or
protest entered in the minutes. Such dissent or protest may be filed in writing and
presented to the City Secretary for placement in the minutes not later than three business
days - following the date of the City Council's action on the matter.
5.9. Excusal from Attendance.
Councilmembers are expected to attend meetings and remain in attendance during each
meeting. Should a Councilmember be unable to attend, the Mayor, Mayor Pro Tern, or
acting Mayor should be notified prior to that meeting.
5.10. Excusal During Meetings.
A Councilmember needing to be excused during an ongoing session should advise the
presiding officer prior to departing the session.
Rules of Procedure 8 March 3, 2009
City of Huntsville, Texas
Section 6 - CHAIR AND DUTIES
6.1. Chair.
The Mayor, if present, shall preside as chair at all sessions of the City Council. In the
absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor
and Mayor Pro Tem, the remaining City Councilmembers shall, in accordance with the
City Charter, by election, designate one member as acting Mayor to preside for that
session.
6.2. Call to Order.
The sessions of the City Council shall be called to order by the Mayor or, in the Mayor's
absence, by the Mayor Pro Tem or, in the Mayor Pro Tem's absence, by the acting
Mayor. In the absence of both the Mayor and Mayor Pro Tem, the City Attorney or City
Manager will temporarily preside over the meeting until the Council selects an acting
Mayor to preside over the meeting.
6.3. Preservation of Order.
The chair shall preserve order and decorum, call upon the Director of Public Safety as
necessary to enforce compliance with the rules, and confine members in debate to the
question under discussion.
6.4. Questions to be Stated.
The chair shall state, or direct the City Secretary to state, all questions submitted for a
vote and announce the result. A roll call vote shall be taken when requested by a member
in accordance with subsection 5.6 above.
6.5. Call for Recess.
The chair may call for recesses as necessary.
Section 7 - ORDER OF BUSINESS
7.1. Regular and Special Sessions.
Regular and special sessions will generally adhere to the following agenda:
• Call to Order
• Pledge of Allegiance (United States and Texas Flags)
• Invocation
• Presentations/Recognitions
Rules of Procedure 9 March 3, 2009
City of Huntsville, Texas
• Public Comments (Related to the current agenda)
• Consent Agenda Items (May be moved to Statutory Agenda by Councilmembers)
• Statutory Agenda Items
• Mayor /Councilmember /City Manager Report
• Public Comments (Related to any matter not on the agenda)
• Executive and/or Workshop Sessions (As appropriate)
• Reconvene in Regular Session (As appropriate)
• Media Inquiries
• Adjournment
7.2. Workshop and Executive Sessions.
Workshop and executive sessions will normally be conducted in a less formal manner
than regular sessions as follows:
• Call to Order
• Overview of matter(s) to be discussed
• Discussion of matter(s)
• Summation
• Adjournment
7.3. Public Hearings.
a. The City Manager shall schedule public hearings on the City Council's agenda to be held
at least two weeks before the City Council must vote on the matter unless the law
requires otherwise, in which case, public hearings shall be conducted as provided by state
law.
b. When conducted as part of a Regular Session, a vote may be taken on the matter at that
same meeting.
c. When a public hearing is conducted as a stand -alone meeting and not part of a Regular
Session, the vote may be taken at a subsequent Regular or Special Session.
d. The City Council may schedule public hearings at times other than its regular sessions
when it determines that the matter to be heard is a significant issue that requires more
time than is available at regular sessions.
e. Public hearings will generally be conducted in the following agenda:
• Call to Order
• Overview of the matter(s) to be considered
• City Council or city staff presentations regarding the matter(s) to be considered
• Comments from citizens
• Summation
Rules of Procedure 10 March 3, 2009
City of Huntsville, Texas
• Adjournment
7.4. Town Hall Meetings.
a. Town Hall Meetings are informal meetings between Councilmembers, staff and the
general public intended for the open discussion of a variety of subjects and issues related
to city governance and public services. Town Hall Meetings may be called by a ward
Councilmember for constituents in his/her ward or by the Mayor or a Councilmember at
Large, or a majority of Councilmembers if intended for the community at large. No
formal action will be taken on any matter presented at a Town Hall Meeting. Action, if
any, will be scheduled as part of a future regular or special session.
b. Town Hall Meetings will be announced as far in advance as practicable and will be
posted in accordance with the Texas Open Meetings Act.
c. Town Hall Meetings will generally be conducted in the following agenda:
• Call to Order
• Purpose for the meeting
City Council or city staff presentations (if any)
• Open discussions (facilitated by the Councilmember calling the Meeting, or Mayor,
Mayor Pro Tem or Acting Mayor if conducted for the entire community)
• Summation
• Adjournment
7.5. Addressing the City Council.
It is the desire of the City Council that citizens actively participate in the city governance
system and processes. Therefore, public input to the City Council, both oral and written,
is encouraged.
a. Public Comments.
(1) Citizens shall have the right to be heard at any and all regular sessions of the
City Council in regard to matters on the agenda to be considered at that meeting
prior to action being taken. A second round of public comments may also be
scheduled for comments on any subject regarding city matters not posted on the
agenda. This second round of public comments shall be listed on the agenda
after the section on statutory agenda items.
(2) Prior to the session being called to order, the person wishing to speak shall
complete a Public Comment Card and present it to the City Secretary.
Rules of Procedure 11 March 3, 2009
City of Huntsville, Texas
(3) When called upon to speak by the presiding officer, the person shall come to the
podium, state his/her name and address for the record, and, if speaking for
organization or group, identify the group represented.
(4) The speaker will be limited to five (5) minutes to complete his/her comments
regarding items on the agenda. The City Secretary shall maintain the time and
advise the speaker when his/her time has expired. The speaker shall then
complete his sentence and take his/her seat. A limit of one (1) hour is
established for completing public comments regarding agenda items.
(5) During the second round of public comments regarding any subject, speakers
will be limited to three (3) minutes to complete their comments. The City
Secretary shall maintain the time and advise the speaker when his/her time has
expired. The speaker shall then complete his sentence and take his/her seat. A
limit of one (1) hour is established for completing public comments in this
second round of public comments.
(6) All remarks shall be addressed to entire City Council and not directed to
individual Councilmembers or members of the city staff.
(7) Questions or requests for information shall be directed to the presiding officer
who shall then determine whether, and in what manner, a response will be
provided.
(a) During comments regarding agenda items, Councilmembers may request the
floor to respond to any citizen comment with information or to ask follow up
questions as appropriate. Councilmembers may only direct comments and
questions to the speaker and may not take the opportunity to discuss matters
among themselves.
(b) Responses to comments or inquiries regarding matters not on the agenda shall
be limited to (1) a statement of specific factual information given in response
to the inquiry; or (2) a recitation of existing policy in response to the inquiry.
Any deliberation of or decision about the subject of such an inquiry shall be
limited to a proposal to place the subject on the agenda for a subsequent
meeting.
b. Written Correspondence and Telephone Calls.
(1) Citizens may direct written comments to the entire City Council or individual
Councilmembers by addressing their letters to City Hall at: Huntsville City
Hall, 1212 Avenue M, Huntsville, Texas 77340. The Mayor and each
Councilmember has an email address listed on the City's website at
www.huntsvilletx.eov. Citizens may also call the City Secretary at:
936.291.5403 and leave a message.
Rules of Procedure 12 March 3, 2009
City of Huntsville, Texas
(2) Citizens should expect a timely acknowledgement of their letters and e-mail
messages within three (3) working days. Telephone calls should be returned
within twenty -four (24) hours, excluding Saturdays, Sundays and official state
holidays.
(3) If a matter cannot be resolved within a few days, an interim reply should be
expected from City Hall explaining the delay and providing a date when a final
reply should be expected.
C. Media Inquiries.
(1) The recognized local media sources may direct questions to members of the
City Council through the City Secretary or directly to Councilmembers as
appropriate between scheduled sessions.
(2) The recognized local media sources will generally be provided an opportunity
to ask questions of the City Council toward the end of regular and special
session agendas. As a general rule, each media source will be provided two
questions and one follow -up question, limited to 5 minutes per media source.
(3) Other legitimate regional, state and national media sources are expected to
coordinate their attendance at scheduled sessions and questions to
Councilmembers and staff through the City Secretary.
(4) All media questions will be initially directed to the City Manager, the
Assistant City Manager, the Public Information Officer (if one is designated),
or the City Secretary.
(5) All media questions regarding city official records will be directed to the City
Secretary.
(6) The City Secretary will officially recognize and credential all media sources
desiring to appear before the Council for the purpose of gathering information
during meetings of the Huntsville City Council.
7.6. Standard Adjournment,
The Mayor, Mayor Pro Tem, or acting Mayor shall adjourn the meeting when the agenda
is completed. Although no final hour is established for adjournment, the meeting may be
recessed and resumed within the next twenty -four (24) hours in accordance with the
Texas Open Meetings Act.
Section S — RULES OF ORDER
8.1. General.
Rules of Procedure 13 March 3, 2009
City of Huntsville, Texas
These rules, consistent with the City Charter and any applicable city ordinance, statute or
other legal requirement, shall govern the proceedings of the City Council.
8.2. Authority of the Chair.
a. Subject to appeal to the full City Council, the presiding officer shall have the authority
to prevent the misuse of motions, the abuse of any privilege, or the obstruction of the
business of the City Council by ruling any such matter out of order. In so ruling, the
Mayor shall be courteous and fair and should presume that the moving party is acting in
good faith.
b. The presiding officer will perform the role of facilitator to assist the City Council in
focusing agenda discussions and deliberations.
c. Any member of the City Council may move to require enforcement of the rules, and the
affirmative vote of a majority of the City Council shall require the presiding officer to
act.
8.3. Obtaining the Floor.
Any Councilmember wishing to speak must first obtain the floor by being recognized by
the presiding officer. The presiding officer must recognize any Councilmember who
seeks the floor appropriately entitled to do so.
8.4. Council Deliberations and Order of Speakers.
a. The presiding officer shall control the debate and the order of speakers.
b. Speakers shall generally be called upon in the order of their request to speak.
c. With the concurrence of the presiding officer, a Councilmember holding the floor may
address a question to another Councilmember, the City Manager, the City Attorney, the
City Secretary, or the Municipal Court Judge and that Councilmember or officer may
respond while the floor is still held by the Councilmember asking the question.
d. With the concurrence of the presiding officer, a Councilmember holding the floor may
address questions to an individual making a presentation to the City Council, e.g., city
staff member, consultants, and citizens making public comments.
e. Comments and questions shall be conducted in rounds to ensure that Councilmembers
have the opportunity to make their comments and then respond to the comments they
have heard from their fellow Councilmembers.
Rules of Procedure 14 March 3, 2009
City of Huntsville, Texas
f. The presiding officer only shall terminate deliberations and debate after all
Councilmembers have been provided a reasonable time and opportunity to participate
and prepare them to render a reasonable and responsible vote on the question.
g. During presentations by the staff or special guests on statutory agenda items,
Councilmembers may obtain the floor from the presiding officer to ask questions of the
presenters regarding details of their presentations.
h. Following a motion and second of a statutory agenda item, Councilmembers may enter
into discussions about the item as described below in subsection 8.8d.
8.5. Length of Comments.
Councilmembers shall govern themselves as to the length of the comments, questions, or
presentations. As a courtesy, the presiding officer will signal by hand to a
Councilmember who has been speaking for over five minutes. This procedure is not
meant to limit debate or to cut comments short, but rather to assist Councilmembers in
their efforts to communicate concisely.
8.6. Limit Deliberations to Item at Hand.
Councilmembers shall limit their comments and questions to the subject matter, time, or
motion being currently being considered by the City Council.
8.7. Motions.
Any member of the City Council, including the presiding officer, may make motions.
The presiding officer shall prior to offering a motion, however, ensure that other
Councilmembers have the opportunity to make the motion. Any member of the City
Council, other than the person offering the motion, may second a motion. See Annex C
(Chief Purposes of Motions) and Annex D (Parliamentary Strategy).
8.8. Procedures for Motions.
The following is the general procedure for making motions:
a. Before a motion can be considered or debated, it must be seconded. If there is no
second, the motion fails.
b. A Councilmember who wishes to make a motion should do so through a verbal request
to the presiding officer.
c. A Councilmember who wishes to second a motion should do so through a verbal
request to the presiding officer.
Rules of Procedure 15 March 3, 2009
City of Huntsville, Texas
d. Once a motion has been properly made and seconded, the presiding officer shall open
the matter for discussion offering the first opportunity to the moving party and,
thereafter, to any Councilmember properly recognized by the presiding officer.
8.9. Order of Precedence of Motions.
See Annex E (Principle Rules Governing Motions).
8.10. Amendments to Motions.
a. When a motion is on the floor and an amendment is offered, the amendment shall be
acted upon prior to action on the main motion.
b. No proposal of a subject different from that under consideration shall be admitted as a
motion or amendment to a motion.
c. A motion to amend an amendment shall be in order, but one to amend an amendment to
an amendment shall not be in order.
d. Action shall be taken on the amended amendment prior to any other action to further
amend the main motion.
8.11. Motion to Continue.
A motion to continue will leave the motion in its present condition for consideration on a
date and time certain.
8.12. Motion to Remove.
A motion to remove will take the matter off the agenda and will not be considered by the
Council for an indefinite period of time.
8.13. Motion to Table.
A motion to table will delay consideration of the item being discussed by the City
Council.
8.14. Motion to Refer.
A motion to refer forwards the item under consideration to the named group, committee,
or board for further study.
8.15. Motion to Lay on the Table.
A motion to lay on the table allows an item to be temporarily set aside under discussion.
Rules of Procedure 16 March 3, 2009
City of Huntsville, Texas
8.16. Motion to Take from the Table.
A motion to take from the table allows the matter to be discussed again and would only
be used in conjunction with a motion to lay on the table at the same meeting.
8.17. Withdrawal of Motion.
A withdrawal of motion indicates a motion may be withdrawn or modified by the
Councilmember who originally made the motion at any time prior to its passage. If the
motion is modified, the Councilmember who seconded the motion may withdraw his/her
second.
8.18. Motion for Reconsideration.
a. A motion to reconsider any action of the City Council may be made, seconded, and
voted on not later than the next succeeding voting agenda meeting of the City Council. If
reconsideration of the Council action has not been posted on the Council agenda for the
meeting at which the motion to reconsider is made, however, actual reconsideration of
the item must be delayed until the next voting agenda meeting after the posting
requirements of the Open Meetings Act are met.
b. A motion to reconsider an action of the City Council may only be made by a member who
voted with the prevailing side. Any member can second it. No question shall be twice
reconsidered except by unanimous vote of the City Council, except that action relating to
any contract may be reconsidered at any time before the final execution thereof
8.19. Motion to Close Debate.
A motion to close debate on the motion (or motions) to which it is applied effectively
terminates debate temporarily pending the result of the vote to approve the motion to close
debate. If the motion to close debate passes by a two - thirds majority vote, further debate on
the motion (or motions) before the Council is terminated and an immediate vote taken. If
the motion to close debate does not pass, then debate continues. The motion to close debate
is the most drastic of the motions to control debate. Accordingly, the following rules apply:
a. Councilmembers may not interrupt a speaker to move to close debate.
b. A motion to close debate: Requires a second,
c. Is not debatable,
d. Cannot be amended,
e. Requires a two -third vote,
f Takes precedence over all subsidiary motions except to postpone temporarily,
g. Applies to debatable motions only, and
h. Can have no motion applied to it except to withdraw.
Rules of Procedure 17 March 3, 2009
City of Huntsville, Texas
Section 9 — VOTING RULES
9.1. General.
The Mayor and each City Councilmember shall vote on each and every matter before the
City Council. Each may make motions and seconds as appropriate. The Mayor,
however, shall initially defer making motions and seconds to fellow Councilmembers
until it is obvious that he must do so as a member of the Council, if he/she chooses to do
so.
9.2. Abstentions.
Section 4.09 (Abstentions) of the City Charter provides that: "The Mayor and each
member of the Council in attendance at the Council meeting shall vote on every issue that
a vote is called unless that person declares a conflict of interest and files an affidavit
stating the nature and extent of the interest. A person who fails or refuses to vote without
filing the affidavit describing the conflict of interest shall be recorded as having cast a
negative vote."
9.3. Tie Votes.
A tie vote results in a lost motion. In such an instance, any member of the City Council
may offer a motion for further action. If there is not an affirmative vote, the result is no
action.
9.4. Voting Standards.
a. Suspending the Rules. A City Council rule may be suspended by an affirmative vote of
two - thirds of the members present.
b. Closing Debate. An affirmative vote of two - thirds of the members present is required to
close debate and vote immediately. (See Rule 8.19).
c. Limit or Extend Limits of Debate. A two - thirds vote of the Councilmembers present is
required to extend or limit debate.
9.5 Work Sessions.
Except in matters of public health and safety, or other imminent emergencies, no vote
shall be taken on matters presented in a first work session on a topic for five working
days after the work session presentation to allow for due diligence by Councilmembers
and adequate public debate and input. This will apply only to the first work session on a
topic.
Rules of Procedure 18 March 3, 2009
City of Huntsville, Texas
Section 10 — CITY COUNCIL COMMITTEES
10.1. Committees Established.
a. The following standing committees of the City Council are established:
(1) Personnel Committee
(2) Finance Committee
(3) Communications /Service Committee
(4) Information Technology Committee
b. Each standing committee shall review matters in its area of responsibility that are referred
to it by the City Council, the City Manager, or an individual City Council member. A
standing committee may by majority vote recommend action to the City Council, but
committee recommendation is not necessary for a matter to be placed on the City Council
agenda. The committee chair may make a statement on behalf of the committee on an item
in a briefing or voting meeting of the Council.
10.2 Appointment.
a. The Personnel and Finance Committees shall consist of not less than two
Councilmembers and the Communications and Information Technology Committees
shall consist of at least one Councilmember from the full City Council appointed by the
Mayor. The Mayor shall also appoint a chair, and may appoint a vice chair as
appropriate, to each committee. Committee chairs will schedule all meetings with the
City Secretary and ensure that the minutes are recorded and provided to the City
Secretary.
b. The Mayor may remove and reassign members to and from the various standing and ad
hoc committees annually, normally following the May general and runoff elections.
10.3. Committee Meetings.
a. Standing committees shall meet as necessary.
b. The committee chair shall develop committee meeting agendas through coordination with
fellow committee members and appropriate supporting staff members. The committee
chair will coordinate with the City Secretary to ensure that the committee meeting agenda
is posted as appropriate.
c. As all four standing committees are assigned fewer than a quorum of the full Council and
are advisory in nature with no decision authority short of a vote by the full Council, the
chair of each standing committee will determine whether or not a committee meeting is
to be posted in accordance with the Texas Open Meetings Act based on the issues to be
discussed and the anticipated attendance of other Councilmembers whose presence might
inadvertently constitute a quorum in violation of the Act. With the approval of either the
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City of Huntsville, Texas
Mayor or Council majority, committees may conduct public hearings which shall be
posted in accordance with the Act.
10.4. Ad Iloc Committees.
The Mayor may appoint ad hoc committees from time -to -time to study and review
specific issues. The Mayor shall determine the number of members and appoint a chair of
ad hoc committees. The ad hoc committees shall be established for a designated period of
time, which may be extended by the Mayor and shall meet as needed. The Mayor shall
formally announce the establishment of any ad hoc committee along with his
appointments to that committee in a regular session of Council prior to the committee
convening to conduct business.
10.5. Agenda and Information.
Before each committee meeting the City Manager and City Secretary shall provide an
agenda and supporting information for each committee meeting to committee members
and the public. Items may be scheduled on the agenda for committee briefings by the
chair, the City Council, the City Manager, or the Mayor.
Section 11— RULES SUSPENSION, AMENDMENT, AND ANNUAL REVIEW
11.1. Suspension of Rules.
Any provision of these rules not governed by the City Charter, City Code, or state law
may be temporarily suspended by a two- thirds vote of the members of the City Council
present. The vote on any such suspension shall be taken by "Yes" and "No" votes and
entered upon the record.
11.2. Amendment of Rules.
These rules may be amended, or new rules adopted, by a majority vote of the members of
the City Council present.
11.3. Annual Review of Rules.
Following the municipal elections each year (general and runoff), Council may review
these rules of procedure, make changes as appropriate, and adopt their own rules of
procedure in accordance with the City Charter. In the event no annual review occurs, the
standing rules of procedure continue in effect. This does not limit the Council's right and
ability to amend the rules in accordance with the City Charter and Rule 11.1
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City of Huntsville, Texas
Section 12 — ADMINISTRATIVE SUPPORT TO COUNCILMEMBERS
12.1. Mail and E -mail.
a. All general mail directed to the Mayor and Councilmembers at City Hall will be
opened, date stamped, and distributed as appropriate.
b. All such mail requiring a response from the city staff will be copied to all
Councilmembers with a note as to which staff person will be preparing a response for
the Mayor's signature. A copy of the response, along with the original letter, will be
provided to each Councilmember.
c. All such mail not requiring a response, but providing information on city issues and
agenda items will be copied to the Mayor and Councilmembers.
d. Letters and email addressed to the Mayor or Councilmembers requiring a response
from the Mayor or Councilmember(s) will be copied to those individuals along with a
note as to which staff person is available (if required) to prepare a response for the
signature of the Mayor and/or respective Councilmember(s).
12.2. Clerical Support.
a. The City Secretary will coordinate appropriate clerical support requested by the Mayor
and Councilmembers. All correspondence typed for the Mayor and/or
Councilmembers will be on City letterhead and will reflect the position of the majority
of the full City Council and will be copied to the Mayor and Councilmembers.
b. Members of Council having a minority opinion on any matter involving the City may
express such an opinion on his/her own stationary at their own personal expense and
making an appropriate disclaimer that his/her opinion are his or hers alone and may not
reflect the opinion of a majority of the City Council.
c. Members of the City Council are expected to speak up and speak out regarding matters
affecting the city. They are, however, also expected to take personal responsibility for
their public comments, both oral and written. When making public comments
Councilmembers shall make appropriate disclaimers when their comments do not
reflect the views of other Councilmembers and may be in conflict with current city
policy.
12.3. Master Calendar.
A master calendar of City Council events, functions, and sessions will be maintained by
the City Secretary's office and provided to the Mayor and Councilmembers as
appropriate. Events, functions, and activities to be attended by the Mayor or individual
Councilmembers will be included on the master calendar only at the request of the Mayor
or individual Councilmember(s).
Rules of Procedure 21 March 3, 2009
City of Huntsville, Texas
12.4. Requests for Research or Information.
a. The Mayor and individual Councilmembers may request information or research from
the city staff" on a given topic through the City Manager who will make all members of
Council aware of the special request, as it may be of interest to them as well.
Accordingly, the City Manager will provide the results of the request to all members of
Council. In the event the City Manager believes he cannot respond in a timely manner,
he and the members of Council will coordinate a reasonable and responsible timeframe
in which to expect the results without unduly interfering with other activities of higher
priority.
b. The Mayor and Councilmembers may also request research and information from the
City Attorney, City Secretary, and the Municipal Court Judge. If significant resources
are required to respond, they may request through the Mayor and members of Council
that the request be placed on a regular or working session agenda for further discussion.
12.5. Notification of Significant Activities or Events.
The Mayor and Councilmembers shall expect the City Manager to notify them, and
provide periodic updates, regarding significant activities or events in the City related to
natural or man-made disasters, major criminal activity, accidents involving City property,
and serious illness, injury, or death involving city staff /employees.
Section 13 — INVESTIGATIVE PROCEDURES
Pursuant to Section 4.05 of the Charter of the City of Huntsville, the Council shall have the
power to investigate and inquire into the official conduct of any department, agency,
office, officer or employee of the city, and for that purpose shall have the power to
administer oaths, subpoena witnesses, compel the production of books, papers and other
evidence material to the inquiry. Huntsville City Charter Section 4.05; Huntsville Code of
Ordinances Section 2 -25,
13.1. Subpoena Procedure
The City Council shall follow the method and procedure for issuing subpoenas to compel
the attendance of witnesses and to compel the production of books, papers and other
material evidence that is contained in Huntsville Code of Ordinances, Section 2 -25.
13.2. Administering Oaths and Sworn Testimony
For the purposes of exercising its investigative power or for any other relevant purpose, the
Council may require a witness at any hearing or investigative session to testify under oath.
The oath shall be the same as is used in the Courts of Law of Texas, and shall be
administered by the City Secretary, the presiding officer, or any other person capable of
Rules of Procedure 22 March 3, 2009
City of Huntsville, Texas
administering oaths. All testimony provided under oath shall be sworn testimony and
subject to any and all laws related to such testimony. Individuals giving sworn testimony
found to be material and untruthful may be referred to the District Attorney's Office or to
the current Walker County Grand Jury.
13.3. Investigative Procedures in General
The City Council shall conduct investigations pursuant to Section 4.05 of the Charter in a
reasonable manner designed to ensure due process for any subject of such investigations
and to maintain the integrity of the City. The Council shall conduct investigations either
through special sessions, public hearings or executive sessions as allowed by law, the City
Charter or these rules. An investigation may be initiated as an agenda item during a
regular or special session, but the investigation itself should not be conducted during
regular Council meetings.
Rules of Procedure 23 March 3, 2009
City of Huntsville, Texas