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Res 15-27 Amending the Policy Regarding Board Meeting ProceduresTOWN OF WESTLAKE RESOLUTION NO. 15-27 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE POLICY REGARDING BOARD MEETING PROCEDURES. WHEREAS, the Town Council adopted a policy regarding Board Meeting Procedures on July 28, 2008; and, WHEREAS, the Town Council desires amend the policy changing the name from Board of Alderman to Town Council; and, WHEREAS, the Town Council desires to add language to the policy by adding a section to meeting agendas named "Items of Community Interested"; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby approves the policy regarding Board Meeting Procedures, attached as Exhibit "A". SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 15-27 Page I of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 21s' DAY OF SEPTEMBER, 2015. ATTEST: Kelly tdward)Town Secretary AS TO --FORM: ;Town Attorney Laura L. Wheat, Mayor Thomas E. rym �r, T wn Manager Resolution 15-27 Page 2 of 2 POLICY ON COUNCIL MEETING PROCEDURES Approved by the Town Council Resolution 15-27 on 09/21/15 Upon adoption of this policy by the Town Council, the following rules and order of business will be adhered to. MEETINGS Regular Meetings will be held on the second and fourth Monday of each month. Special meetings shall be called, upon request of the Mayor or a majority of the members of the Town Council as prescribed by the Texas Local Government Code Sec. 22.038. Should the Town Manager identify a need for a special meeting, he or she shall consult with the Mayor to schedule said meeting. All meetings shall be subject to the provisions of the Texas Open Meetings Act, V.T.C.A., Government Code, Ch. 551, Open Meetings, as amended. Work Sessions may be scheduled prior to the regular meetings on the second and fourth Monday of the month, as necessary. The time is subject to change at the discretion of the Town Council or the Town Manager. Periodic Work sessions will also be scheduled to provide the Town Council with time to discuss short term and long term goals. The general public can, of course, attend such meetings, but may not participate in the proceedings unless invited to do so by the Mayor. Executive Sessions are an exception to the general rule that all meetings are open to the public. Executive Session may be held on the second and fourth Monday of each month. A special meeting can be called by the Mayor and the Town Manager. The Open Meetings Act allows closed meetings in a few specific instances where privacy serves the public interest — i.e. to discuss real estate, economic development, personnel matters. The Council must keep a record of the meeting and it shall be certified by the Mayor to assure that all matters discussed in executive session were properly recorded. AGENDA Agendas are prepared and posted for every meeting of the governmental body. The Mayor, working in conjunction with the Town Manager, will exercise their professional judgment in determining what items of business should come before the Council. Any member of the Town staff wishing to have an item placed on the agenda shall consult with the Town Manager's office and then submit the item to the Town Secretary. Staff will post agenda packets on the internet for all Regular Meetings and Work Sessions no later than the Friday afternoon preceding the week of scheduled meetings. This should afford ample time for all Council members to inquire into the nature of each matter to be discussed or to personally investigate the matter so as to be better informed before a Council meeting. Policy on Council Meeting Procedures Page 1 The Town Secretary's office, in conjunction with the Town Attorney, assumes the responsibility for compliance with the Open Meetings Act. Pledge of Allegiance First item on the regular Council agenda shall be to recite the Pledge of Allegiances. Consent Agenda All items listed on the consent agenda are considered routine by the Town Council and, in the instance a Council workshop is held prior to a Council meeting, the Council will have an opportunity review and ask questions related to the consent agenda items listed. Consent agenda items will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. Items of Community Interest Expressions of thanks, congratulations or condolences; information regarding holiday schedules; honorary recognition of town officials, employees or other citizens; reminders about upcoming events sponsored by the Town or other entity that are scheduled to be attended by a town official or town employee. These procedures shall apply to all meetings of the Town Council. The Mayor shall be the presiding officer at all meetings of the Town Council. In the event of the absence of the Mayor and Mayor Pro Tem, the Mayor shall designate the presiding officer. In the event the Mayor has failed to designate the presiding officer, the Council member with the most seniority shall serve as presiding officer. In regular and special meetings, the Town Council will utilize reasonable rules of parliamentary procedure in the conduct of its business. Below are examples (not mandatory) of reasonable parliamentary procedure in certain types of actions of the Town Council: 1. MAIN MOTION: A formal proposal to take certain action. Step 1. Addressing the Chair. (Begin the discussion by having a member make the motion. Motion should be made and seconded. After this, debate can be conducted. (Ex: "Mayor, I move the following..."). SECOND REQUIRED Yes DEBATABLE Yes AMENDABLE Yes VOTE REQUIRED Majority Policy on Council Meeting Procedures Page 2 Step 2. Assigning the floor (Mayor recognizes the member) Step 3. Making a motion. Step 4. Seconding a motion. Step 5. Stating the motion (Mayor states the motion) Step 6. Debating the question. (Mayor allows debate, with maker of motion speaking first in debate). Step 7. Putting the question. (Mayor takes the vote after debate is complete). Step 8. Announcing the result of vote. (Mayor announces the vote, members for and against). 2. TO TAKE FROM THE TABLE: To enable an assembly to take up and consider a motion that was postponed temporarily during the same meeting. Maybe used at a future meeting if the item that was tabled was posted. SECOND REQUIRED Yes DEBATABLE No AMENDABLE No VOTE REQUIRED Majority 3. AMENDING A MOTION Any motion may be amended as follows: "Mayor, I move that we amend the motion by (adding, striking our, etc. the words...)." The amendment must be seconded and then it can be discussed. When discussion ends, the amendment is voted on first. If the amendment passes, the original motion is then put to a vote as amended. If the amendment fails, the original motion is put to a vote. SECOND REQUIRED Yes DEBATABLE Yes AMENDABLE Yes VOTE REQUIRED Majority 4. TO OFFER A SUBSTITUTE AMENDMENT: Another way to change an original motion is by use of the Substitute Motion. A substitute motion is an amendment that changes an entire sentence or paragraph. It must be seconded and then discussed. It may be amended and differs only from an amendment in that if the substitute motion passes it does away with the original motion. SECOND REQUIRED Yes DEBATABLE Yes AMENDABLE Yes VOTE REQUIRED Majority Policy on Council Meeting Procedures Page 3 LAY A MOTION ON THE TABLE: Sometimes the Council may wish to defer action on a motion. One way to accomplish this is to lay a motion on the table. It is in order to move that a main motion be laid on the table when discussion on the main motion has or is about to end. A tabled motion can be brought from the table during the same meeting but is usually done so at a later meeting when unfinished business is being considered. SECOND REQUIRED Yes DEBATABLE No AMENDABLE No VOTE REQUIRED Majority MOTION TO CLOSE DEBATE (call for question): To prevent or stop discussion on the pending question, and to bring the pending question or questions to an immediate vote. SECOND REQUIRED DEBATABLE AMENDABLE VOTE REQUIRED Yes No No 2/3 of members present 6. POINT OF ORDER: Anytime a member feels an incorrect procedure is being used, he or she can interrupt with a point of order request that requires the Mayor to determine the correct procedure. The point of order can have no additional motions applied to the request other than a motion to withdraw. SECOND REQUIRED No DEBATABLE No AMENDABLE No VOTE REQUIRED Mayor must concede or deny. RIGHTS IN DEBATE Robert's Rules of Order says that debate is the discussion regarding a motion that occurs after the presiding officer has restated the motion and before putting it to a vote. When a pending question is presented for consideration to the Council, the presiding officer shall recognize the member who made the motion to speak first and the member who seconded the motion to speak second. When two or more members wish to speak, the presiding officer shall name the member who is to speak first. No member of the Council shall interrupt another while speaking except to make a point of order or to make a point of personal privilege. No member shall speak more than five minutes on any amendment to the question except as further provided in this rule. Policy on Council Meeting Procedures Page 4 No member shall speak more than the time limits provided herein on any subject or amendment, and such member may use his or her time in any combination, in separate speech or comments totaling the number of minutes permitted. The Mayor shall not be obligated to recolmize any Council member for a second comment on the subject or amendment until every Council member wishing to speak has been allowed a first comment. Council members shall also have the right to yield a portion of time to another member. Any member deciding to speak more than five minutes on any question or more than five minutes on any amendment to the question shall be accorded the privilege without objection upon motion supported by two-thirds of the Council. No member shall be permitted to interrupt while another member is speaking. No Council member shall be permitted to indulge in a discussion of personalities, use language personally offensive, arraign motives of members, charge deliberate misrepresentation, or use language tending to hold a member of the Town Council up to contempt. If a member is speaking or otherwise transgressing the rules of the Council, the presiding officer shall or any Council member may call him or her to order in which case he or she shall immediately be quiet unless permitted to explain. The Council shall, if appealed to, decide the case without debate. If the decision is in favor of the member called to order, he or she shall be at liberty to proceed, but not otherwise. CONFLICT OF INTEREST Each Council member should be aware of the conflict of interest regulations, including State provisions and statutes. When a Council member has a conflict of interest with an agenda item, he or she should submit the required affidavit (if required) prior to the beginning of the meeting at which the agenda item is scheduled. Upon introduction of the agenda item, the Council member with the conflict of interest should announce that he or she has a conflict of interest and will not participate in discussion or consideration of the agenda item. It is not necessary that the Council member leave the meeting room. Policy on Council Meeting Procedures Page 5 CITIZEN PARTICIPATION Individuals who wish to address the Town Council on an item posted as a public hearing shall register with the Town Secretary prior to the Mayor's announcement to open the public hearing. Registration forms are available in the lobby. The Mayor will open the public hearing and recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and shall be allowed three minutes. After a public hearing is closed, there shall be no additional public comments. If the Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. When a large number of participants have indicated an interest in addressing the Council on a zoning case or another regular agenda item, the Mayor or Mayor Pro Tem may set a maximum time limit for the proponents and opponents and a time limit for rebuttal, if necessary. Individuals who wish to address the Town Council on a consent or regular agenda item not posted as a public hearing shall register with the Town Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and shall be allowed three minutes. Policy on Council Meeting Procedures Page 6