HomeMy WebLinkAboutO-1999-2319
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ORDINANCE NO. 99 -2.3 1 9 ':.
AN ORDINANCE ADOPTING A BOARDS AND COMMISSIONS HANDBOOK FOR THE
CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte hereby adopts a Boards and
Commissions Handbook, in form attached to this ordinance as Exhibit "A", incorporated by
reference herein, and made part hereof for all purposes.
Section 2.
The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms such written notice and the contents
and posting thereof.
Section 3.
This Ordinance shall be effective from and after its passage and approval, and
it is so ordered.
PASSED AND APPROVED, this
t
11J.1/J day of () fML , 1999.
CJ.fJ;J1OF LA PORTE ~A /
BY~~fi7
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ATTEST:
<-jY}tUt/?~ o.~
Martha A. Gillett
City Secretary
Knox W. Askins
City Attorney
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BOARDS AND COMMISSIONS
HANDBOOK
Exhibit A
To Ordinance No. 99-2319
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City of La Porte
Established 1892
Dear Citizen:
I would like to thank you on behalf of the Citizens of La Porte for your willingness to
serve the City as an appointed member of a Board or Commission. Your commitment of time
and talent is a very important contribution to our community.
The work done by citizens who serve on B08!ds and Commissions is a vital part of our
city government. Board and Commission members assist the City Council in setting public
policy, implementing public policy and in communicating that policy to the community as a
whole.
In recognition of the important civic commitment members of Boards and Commissions
have made, we have prepared this orientation handbook to assist members in performing their
duties.
It is our hope that your service to the City of La Porte will be both rewarding and
fulfilling. Again, thank you for your willmgn.ess to serve.
Sincerely,
Norman L. Malone
Mayor
.
P,O. Box 1115 · La Porte. Texas 77572-1115 · (281) 471-5020
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CITY OF LA PORTE
APPLICATION FOR CITY BOARDS / COMMISSIONS
NOTE:
As an applicant for a City Board or Conunission, your name, address and phone
number will be available to the press and the public. All other information will remain
confidential. You will be contacted before any action is taken on your appointment.
Incumbents whose terms expire are automatically considered for reappointment, upon
request. A member who is absent for more than 25 % of called meetings, for other than
medical reasons, will be subject to removal by City Council. Final decisions on
appointment and reappointment of members of Boards and Conunissions rests with the
City Council. APPLICANT MUST BE A CITIZEN OF THE UNITED STATES; A
RESIDENT OF THE CITY OF LA PORTE; AND A QUALIFIED VOTER IN
THE CITY OF LA PORTE. MEMBERS OF THE PLANNING AND ZONING
COMMISSION MUST ALSO BE RESIDENTS OF ONE OF THE CITY
COUNCIL DISTRICTS FROM WHICH THEY ARE APPOINTED.
Please type or orint clearlv
DATE:
Name:
Last
First
MI
Phone (H)
(W)
Address:
City:
State/Zip Code:
Are you a registered voter in the La Porte City limits?: Y
or
N
Did you vote in the last City election?:
Y
or
N
Please indicate your preference bv number. 1-2-3. etc.
ADVISORY BOARDS AND COMMISSIONS
Airport Advisory Board
Fire Code Review ~ommittee
DECISION MAKING BOARDS AND COMMISSIONS
Planning and Zoning Commission
Zoning Board of Adjustment
Civil Service Commission
SEP ARA TE LEGAL ENTITIES
La Porte Area Water Authority
I the undersigned am interested in serving on one of the above Boards / Commissions
as indicated.
Signature of Applicant
Date
Revised April 1999
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BACKGROUND
EDUCATION
INSTITUTION
CITY AND STATE
DATE LAST ATTENDED
MAJOR
Professional Background:
Community Activities I Hobbies:
References: (include address and phone number)
1.
2.
3.
Additional Pertinent Information:
Goals I Objectives:
Attachments: YES ~O
You are welcome to attach additional information, such as, resumes, leners, certifications, etc. that further
describe your professional and personal background.
Please return this form and any attachments to:
City of La Porte
City Secretary's Office
PO Box 1115
La Porte, Texas 77572-1115
Revised April 1999
CHAPl'ER I.
Section 1
Section 2
Section 3.
Section 4.
Section 5.
CHAPl'ER u.
Section 1.
Section 2.
Section 3.
Section 4.
CHAPrER ID.
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
CHAFfER IV.
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
APPENDIX A
APPENDIX B
APPENDIXC
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TABLE OF CONTENTS
DEFINITIONS AND LEGAL LIABILITY
Page Number
~~cis ~ C:oIDaIlissioI1S I>efiIl~..................................l
Advisory Commission ~ Boards .................................1
I>ecision Making ~~cis & CommissioI1S ......................1
Separate Legal Entities ...... ....... ........... .......... ...........2
lJ:gal LiaJJili~ ofMeJIl})ers........................................2
BOARD AND COMMISSION
APPOINTMENT PROCESS
How Board ~ Commission MeJIlbers ~e Appointed.........3
Notice of Appointtnent ............................... ..............3
Eligibili~ and Qualifications ......................................3
Oath of Office.................. ......................................4
RESPONsmILITIES OF THE MEMBERS OF
BOARDS AND COMMISSIONS
Conflicts of Interest.................................................4
Open Meetings Act.................................. .... ........ ....6
Open Records Act..... ............................... ........ ....... 7
Meeting Attendance................................................. 8
Working with Ci~ Staff.................. ............. .............8
Reporting to the C:i~ Council .................... '. .. . .. . .. . .. . . . .. 8
MEETINGS
Role of the Chairman ... .... ........ .......... ......................9
The Agenda..........................:................................ 9
Robert's Rules of Order ...... .......... .............. .... ..........9
Public He~ings ... . .. . . . . . . . .. . . . .. . . .. .. .. . .. . . . .. . . . . . .. . .. . . . .. .. .9
Quorum.. . . ... .......... ........ ..... ... . .. . . .... ... .. ................. 10
Signing of the Minutes. ..................... .... ........... ........10
I>escription of Boards and COJIlIDission ..... .. . .. .. .. . .. .. ..... 11
Bo~cis and CoIDaIlissioI1S
Having Eligibili~ Requirem.ents ................ ................. 13
Reference Table to Ro})ert's Rules of Order................... 15
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CHAPl'ERI
DEFINITIONS AND LEGAL LIABILITY
Section 1. Boards and Commi~oDS Dermed. The work done by citizens serving on Boards and
Commissions is a vital part of the work of La Porte City Government. La Porte has two types of
Boards and Commissions; ADVISORY AND DECISION-MAKING. Additionally, there are Boards
whose membership is appointed by the City CoUncil that are separate legal entities. Appendix A
provides a general description of each type of Board and Commission.
The ordinances creating Boards often require Board Members to have expertise in a certain area.
Appendix B specifies the eligibility requirements for the Boards and Commissions that have their
membership defined by City Ordinance.
Section 2. Advisory Commi~oDS and Boards advise the La Porte City Council on public
policy. They play a very important role in city government by providing the City Council with
creative ideas, feedback from the community, and by serving as a sounding board for proposed public
policy .
It is important to remember that the role of Advisory Commissions is not to set public policy but to
advise the City Council.
ADVISORY BOARDS AND COMMISSIONS
Name
Members
Term(years)
Expiring
Members per year
Airport Advisory Board
7 Regular
2 Advisory
9 Members
3 years
3 years
2 years
2
Fire Code Review Committee
3
Section 3 Decision-Making Boards and Commi~~oDS are "quasi-judicial" and are governed by
state law. Decision Making Boards set or enforce public policy and are potentially subject to review
by the courts. Decision-Making Boards also advise the City Council on public policy. Members
serving on Decision-Making Boards should take an oath of office and are subject to the open meeting,
open records, and ethics laws. . -:-
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DECISION MAKING BOARDS AND COM:MISSIONS
Name Members Terms (vears) Expiring
Members per year
Planning & Zoning Commission 7 Members 3 years 3
Zoning Board of Adjustment 5 Regular 2 years 2
2 Alternates 2 years 2
Civil Service Commission 3 Regular 3 years 1
Section 4 Separate Legal Entities, There are some Boards and Commissions that are separate
entities, corporations, or political bodies from the City, although the City Council may appoint the
membership to these Boards and Commissions. They are usually established under the provisions of a
state statute that will set forth the functions, duties, responsibilities, and limitations of the corporation
or political body.
The Boards and Commissions that are separate entities from the, City, but whose memberships
are appointed by the City Council are listed below:
Name
Members
Terms (years)
Expiring
Number per year
La Porte Area Water Authority
5
2 years
2
The members appointed to these Boards and Commissions oversee the operation of an organization as
a Board of Directors would a corporation. The City of La Porte has no or little authority over the
members except for their appointment; and, therefore, the City has limited liability for their actions.
Board members will find that the organization to which they have been appointed will provide much of
the information needed. The state statute establishing the organization, the articles of incorporation
and the bylaws of the organization will provide a great deal of information.
Section 5 Legal Liability. It is important to understand that the actions of members of the
various City Boards and Commissions can subject the City to liability and subject the Board or
Commission members to personal liability . Therefore, Board and Commission members are strongly
encouraged to consult with the City Attorney anytime they feel their actions, while serving on such
Board or Commission, may have some legal consequences. The law in this area is quite complex and
requires a thorough analysis of the law and facts pertaining to each particular situation.
As a general rule, quasi-judicial officers cannot be held personally liable for erroneous acts while
honestly exercising the judicial or quasi-judicial functions of their offices. The Board and Commission
members who render decisions are considered quasi-judicial officers. The problem with stating such a
general rule as a proposition of law is that there will always be exceptions to the general rule. For
example, if a court finds that a quasi-judicial officer performs certain functions in excess of hislher
authority and such functions were not performed under a good faith assumption that the officer had the
authority to act, then the officer will subject himselflherself to personal civil liability. If a person is
damaged by the excessive acts of a quasi-judicial officer, then that officer will have to pay damages to
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the person banned. The aggrieved person can also seek other remedies such as an injunction
compelling the officer to perform or refrain from performing a particular act.
Officers of the City can also subject themselves, as well as the City, to liability if they perform their
functions in a manner that denies an individual any right that is secured to that individual by the
Constitution or a statute. An example of how this type of liability could arise is if a officer illegally
discriminates against an individual. A City and its officers, as a governmental entity, must treat all
individuals or groups equally or in the same manner unless there is a rational basis or a compelling
governmental interest to treat someone or some group differently. Therefore, officers of the City
should treat all individuals and groups in the same manner. If there is a question concerning whether
an individual or group can be treated differently, the City Attorney should be consulted. If an officer
illegally discriminates against an individual or group, that individual or group can seek monetary
damages from the City and the individual officer for a violation of his rights under the state and federal
civil rights statues.
When members of City Boards and Commissions are acting in good faith and within the bounds
allowed by the City ordinances and procedures and the state and federal law, the City will provide a
defense for such members to the greatest extent permissible. However, if a Board or Commission
member violates a criminal law while serving in hislher official capacity, the City generally will not
provide that member a defense. The reason for this is that if a criminal law was violated, the Board or
Commission member was probably acting outside the bounds of his authority.
The above discussion is by no means intended to be comprehensive and complete discussion of legal
liabilities to which the City or the Board or Commission member may be subjected. You are
reminded that the City Attorney is available to the City Boards and Commissions and should be
consulted on such questions.
CHAPTER II
BOARD AND COMMISSION APPOINTMENf PROCESS
Section 1 How Board and Commi<<ion Members are Appointed The La Porte City Council
makes all of the appointments to the La Porte's Boards and Commissions with exception of'the Civil
Service Commission. The C~vil Service Commission is appointed by the City Manager and confirmed
by City Council. Citizens interested in being appointed are urged to obtain an application from the
City Secretary's Office at City Hall.
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Section 2 Notice of Appointment. After the City Council appoints a person to serve as a
member of a Board or Commission, the City Secretary will notify the appointee, in writing of the
appointment.
Section 3 Eligibility and Qualifications. The La Porte City Council seeks out the best-qualified
citizens to serve on Boards and Commissions. The qualifications required to serve on a particular
Board or Commission are determined by La Porte City Ordinance or by the State statute establishing
the Board or Commission.
Many of the Boards and Commissions do not have specific eligibility requirements beyond residency,
leaving the membership qualifications to the discretion of the La Porte City Council.
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Appointments to Boards and Commissions baving eligIbility requirements must be made in accordance
with the governing City ordinance or State statute. APPENDIX B lists all of the Boards and
Commissions baving eligIbility requirements and details those requirements. Board and Commissions
members must continue to meet eligibility requirements during the entire time that they serve on the
Board or Commission.
Section 4 Oath of Office. An oath of office should be admini~red to all members of Decision-
Making Boards and Commissions and if appropriate to all members of Advisory Boards and
Commissions. The oath of office can be admini~ed by the City Secretary or a Notary Public for the
State of Texas. A Statement of Appointed Officer Form must be completed and filed in the Secretary
of State Office before oath admini~ered. The necessary forms are made available in the City
Secretary I s Office in City Hall.
La Porte's Oath of Office
"I, do solemnly swear (or affirm), that I will faithfully execute the duties of the
office of of the City of La Porte, State of Texas, and will to the best of my
ability preserve, protect and defend the constitution and laws of the United States and of this State and
the Charter and ordinances of this city; and I furthermore solemnly swear (or affirm) that I have not
directly or indirectly paid, offered, or promised to contnbute any money, or valuable thing, or
promised any public office or employment, as a reward to secure my appointment or the confirmation
thereof. So Help Me God. "
CHAPI'ER ill
RESPONSmll.ITIES OF THE MEl\1BERS OF BOARDS AND COMMISSIONS
Section 1, Conflicts of Interest. The Texas Conflicts of Interest Law, V.T.C.A., and Local
Government Code Section 171.001 et seq., aimed at local officials' CONFLICT OF INTEREST was
passed in 1983. Under the measure, if a local official (or hislher close relative) stands to gain a
financial benefit from a matter pending before a public agency upon which the official serves, the
person must publicly disclose hislher interest in such matters and then abstain from voting on it.
The Texas Conflicts of Interest Law, pertains ONLY to the DECISION-MAKING BOARDS
IDEl'lTfrllilJ IN "CHAPTER I" OF TInS MANUAL.
1.1 Dermitions
a. "Local public official" means a member of the governing body or another officer,
whether elected, appointed, paid or unpaid, of any district (including a school district), county,
municipality, precinct, central appraisal district, transit authority or district, or other local
government entity who exercises responsibilities beyond those that are advisory in nature. (Note:
Persons who exercise "responsibilities beyond those that are advisory in nature" would include,
for example, the members of the Planning and Zoning Commission or the Zoning Board of
Adjustments.
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b. "Business entity" means a sole proprietorship, partnership, firm, corporation,
holding company, joint-stock company, receivership, trust, or any other entity recognized by law.
1.2 Substantial Interest in Business Entity
a. For purposes of this chapter, a person has a substantial interest in a business entity
if:
(1) the interest ownership of ten percent or more of the voting stock or shares
of the business entity or ownership of $2,500 or more of the fair market
value of the business entity: or
(2) funds received by the person from the business entity exceed ten percent of
the person's gross income for the previous year.
b. A person has a substantial interest in real property if the interest is an equitable or
legal ownership with a fair market value of $2,500 or more.
c. A local public official is considered to have a substantial interest under this section
if a person related to the official within the second degree by consanguinity of
affinity has a substantial interest under this section.
1.3 Prohibited Acts; Penalty
a. Except as provided by Section 171.005 or 171.006, a local public official commits an
offense if the official knowingly:
(1) participates in a vote or decision on a matter involving a business entity in
which the official has a substantial interest if it is reasonably foreseeable that an
action on the matter would confer an economic benefit on the business entity:
or
(2) acts a surety for a business entity that has work, business, or a contract with the
governmental entity; or
acts as surety on any official bond requirement of an officer of the governmental entity.
b. An offense under this section -is a Class A misdemeanor.
1.4 Affidavit Required
a. If a local public official has a substantial interest in a business entity that would be
peculiarly affected by an official action taken by the governing body, the official shall me,
before a vote or decision on the matter, an affidavit stating the nature and extent of the interest
and shall abstain from further participation in the matter.
b. The affidavit must be filed with the official record keeper of the governmental entity.
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1.5 Contract Authorized
The governing body of a governmental entity may contract for the purchase of services or
personal property with a business entity in which a member of the governing, body has a
substantial interest if the business entity is the only business entity that:
a. provides the needed service or product within the jurisdiction of the government entity;
b. bids on the contract.
1. 6 Voting on Budget
a. The governing body of a governmental entity shall take a separate vote on any budget
item specifically dedicated to a contract with a business entity in which a member of the
governing body has a substantial interest.
b. The affected member may not participate in the separate vote, but may vote on a final
budget if:
(1) The member has complied with this chapter; and
(2) The matter in which the member is concerned has been resolved.
1.7 No Limitation on Common Law Remedies
a. The penalties and remedies provided by this chapter does not limit common law
remedies in tort, contract, or equity, including a suit for damages, injunction, or
mandamus.
b. The finding by a court of a violation under this chapter does not render an action of the
governing body void unless the measure that was the subject of a action involving a
contlict of interest would not have passed tile governing body without the vote of the
person who violated the chapter.
Section 2. Open Meetings Act. Texas _~vernment Code, Chapter 551 is commonly referred to
as the TEXAS OPEN MEETING ACT. 'This article generally requires that every meeting of a
governmental body be open to the public and enumerates some exceptions to the requirement.
2.1 "Meeting" means a deliberation between a quorum of a governmental body. or between a
quorum of a governmental body and another person, during which public business or public policy
over which the governmental body has supervision or control is discussed or considered or during
which the governmental body take formal action.
2.2 "Governmental Body" means every City Council in the State, and every dehberative body
having rule making or quasi-judicial power and classified as a department, agency, or political
subdivision of a city.
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2.3 "Deliberation" means a verbal exchange during a meeting between a quorum of a
governmental body, or between a quorum of a governmental body and another person, concerning an
issue within the jurisdiction of the governmental body or any public business.
2.4 A Posted Notice is required of a meeting of a City governmental body. Written notice of the
date, hour, place, and subject of each meeting must be posted on a public bulletin board, located at a
place convenient to the public in the City Hall for at least 72 hours preceding the scheduled time of the
meeting. Only those matters posted can be discussed and acted on by the governmental body.
2.5 Minutes are required to be prepared or a tape recording made of each open meeting.
2.6 Closed Meetings. The Texas Open Meetings Act, does allow for closed or executive meetings
on a few limited subjects. Closed meetings are allowed to discuss pending litigation, certain personnel
matters, and the lease or acquisition of land. However, before a closed meeting can be held, a
quorum of the governmental body must convene in an open meeting and the presiding officer publicly
announce that a closed meeting will be held and identify the sections of the Open Meeting Act
authorizing the closed meeting. No finaI action, decision, or vote can be made in a closed meeting.
All final actions, decisions, and votes must be made in open meetings. Further, the governmental
body is required to keep a certified agenda of the matters discussed in the closed meeting and a record
of any further action taken. The presiding officer must include an announcement at the beginning and
end of the closed meeting indicating the time and place, and must certify that the agenda is a true and
correct record of the proceedings. In lieu of maintaining a certified agenda, a tape recording of the
closed meeting may be made. It is a misdemeanor offense to participate in a closed meeting where a
certified agenda or tape recording is not kept. It is also a misdemeanor offense for any individual to
make public such certified agenda or tape recordings unless directed by a court order. These certified
agendas or tape recording must be preserved for at least two years.
2.7 Penalties. A fine of not less than $100 not more than $500 or imprisonment in the County jail
for not less than one month nor more than six months, or both fine and imprisonment, can be imposed
for violating the provisions of the Open Meetings Act or conspiring to circumvent the provisions of the
Open Meetings Act by meeting in number less than a quorum for the purposes of secret deliberations.
Section 3 Open Records Act. Texas Government Code, Chapter 552 is conunonly referred to
as the TEXAS OPEN RECORDS ACT.
3.1 The Open Records Act applies to virtually all local and state governmental bodies, "private"
entities that are supported by or that expend public funds and/or information held by "private" entities
in the constructive possession of governmental bodies.
3.2 All information held by a governmental body must be released unless the information falls
within one of the acts specific exceptions to disclosure.
3.3 Virtually all information in the physical possession of a governmental body is subject to the
act.
3.4 Penalties. A fine of not less than $25 or more than $4,000 or confinement County jail for not
less than three days Qr more than three months, or both fine and confinement, can be imposed for
violating the provisions of the Open Records Act.
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3.5 A request for information that is received by a Board or Commission under the Open Records
Act, should immediately file the written request to both the City Attorney and City Manager. The act
requires that a Governmental body must request a decision from the Attorney General, within ten (10)
calendar days after the date of receipt of request, prior to withholding information.
Section 4 Meeting Attendance. A member of a Board or Commission that has a regular
monthly or semi-monthly meeting shall be expected to maintain a suitable attendance record. It is
important to keep in mind that your attendance is very important to the Board or Commission you are
serving on and that the City Council appointed you for your expertise. Certain Boards and
Commissions may have attendance policies established by Ordinance or Statute. However, because
your attendance is important, the City Council has also adopted the following attendance policy: If a
board member is absent from more than twenty-five percent (25%) of the duly called meetings in any
period of twelve consecutive months or absent from more than two (2) duly called meetings in any
period of twelve consecutive months, whichever is greater, for any reason, other than a medical reason
which prevents the member's attendance, will be subject to removal by City Council. The term "duly
called meetings" includes all meetings of the board and all meetings of subcommittees of the board on
which the board member serves. The Secretary of the Board or Commission is responsible for
keeping track of the members' attendance. The Secretary shall provide the La Porte's City Council,
through the City Secretary's Office, with a quarterly attendance report.
Section 5 Working with City Staff. Each Board or Commission member is encouraged to
communicate openly with the City Staff. Suggestions, opportunities, and constructive criticism are
necessary for a proper relationship with the staff. However, each Board or Commission member is
strongly encouraged to communicate with the appropriate department director assigned to that Board
or Commission or with the City Manager's Office. Contact with operational type people or
individuals below the department director level is discouraged. The Director of Planning working
with the Planning and Zoning Commission members and the Director of Public works communicating
with the Airport Advisory Board are examples of these relationships.
Section 6 Reporting to the City Counell. The council is highly dependent on each Board and
Commission to make recommendations and offer possible solutions to City projects and opportunities.
All Boards and commissions are encouraged to communicate the position of the total or majority of
the group. Such communication or recommendations should be in a formal or written form. Of
course, each Board or Commission member may from time-to-time want to visit infonnally with a
Council member. This one-on-one informal communication is necessary, but, to protect the integrity
of the organization, the complete Council should be addressed in terms of the majority of the members
of the Board or Commission. .
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CHAPTER IV
MEETINGS
Section 1 Role of the Chairman. The function of the chairman is to provide leadership
to the group. He/She has certain duties and responsibilities that must be performed.
1.1 Insure that the meeting is conducted in accordance with established rules.
1.2 Maintain order and bring the group to a conclusion on the matters before it.
Section 2 The Agenda. The agenda should always be prepared ahead of time and copies
given to all Board or Commission members ahead of time if possible. If non-members attend
the meeting, they should also be provided with an agenda.
The agenda should be prepared by the department director or staff person assigned to the
Board or Commission. All Boards and Commissions are subject to the Open Meetings Act
and their agenda must be properly posted in a public place, at least 72 hours prior to the
meeting.
Generally, the first order of business on the agenda is the reading, correcting and passing of
the minutes from the last meeting. Next are matters properly listed on the agenda, followed
by reports from staff or committees.
Section 3 Robert's Rules of Order. Meetings of Boards and Commissions are generally
conducted under standard parliamentary rules as outlined in Robert's Rules of Order.
APPENDIX C contains a quick reference chart for frequently used Robert's Rules of Order.
Section 4 Public Hearings are open forums that allow the public an opportunity to
express their opinion on a specific issue related to the City of La Porte. Public Hearings are
generally conducted in the following manner;
4.1 The Chairman of the Board or Commission formally opens the Public Hearing.
4.2 Proponents (those in fav?r) of measure speak first.
4.3 Opponents (those against) speak second.
4.4 After hearing all who wish to comment on the issue, the proponents are allowed
to give a rebuttal and summarize their position, and then the Chairman formally closes the
Public Hearing.
4.5 Members of the Board or Commission may ask questions at anytime, of any
witness. Board or Commission members are encouraged to ask questions even after the
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hearing is closed. After the Public Hearing is closed, members of the public may speak
ONLY in answer to a question asked by a member of the Board or Commission.
4.6 If a: Public Hearing drew a large number of interested Citizens, a time limit for
individual speakers may be set by the Board or Commission before the Public Hearing.
4.7 The Chairman may use hislher judgement about how strictly this format is
followed.
Section 5 Quorum. A quorum is the minimum number of members needed to officially
conduct business. The quorum is generally established by the ordinance, resolution, or other
document that establishes the Board or Commission. Where no statement on the quorum number
exists the quorum is the majority of the members.
Section 6 Signing the Minutes for the Meeting. The Minutes of Decision-Making Boards
and Commissions MUST be signed by either the Chairman and/or the Secretary once the Minutes
are approved by the members of the Board or Commission.
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APPENDIX A
DESCRIPTION OF BOARDS AND COMMISSIONS
ADVISORY BOARDS AND COMMlSSIONS
Airport Advisory Board - The Airport Advisory Board advises the City Council on matters
relating to the most desirable and efficient operation of the City Municipal Airport. The Airport
Advisory Board shall review, from time to time, the City Airport Master Plan, and recommend
updating or revisions to such Airport Master Plan. The Board may also make recommendations
on such matters as rules and regulations for operations at the Municipal Airport, and for any
needed improvements to the facilities at the airport, including such matters as navigational aids,
ordinances, zoning requests, height restrictions, development, as well as any other improvements
which the board feels would enhance the utility of the City Municipal Airport.
Fire Code Review Committee - The Fire Code Review Committee considers variances, interprets
the provisions of the fll'e code, recommends changes in the fll'e code and hears appeals from
decisions of the Fire Chief or Fire Marshal.
DESCISION MAKING BOARDS AND COMMISSIONS
Planning & Zoning Commission - The Planning and Zoning Commission reviews studies made
by City staff or other professionals which project plans for the improvements of the City, with a
view toward its future development and extension, and to recommend to the City Council matters
for the development and advancement of the City's facilities, layout and appearance. And to
perform duties imposed on the Planning and Zoning Commission by the statutes of the State
which include;
Approval of plats, or replats of additions within the City limits, or within the
extraterritorial jur.isdiction of the City.
Recommendations to Council regarding the location of zoning districts and restrictions
therein.
Hearing requests for proposed changes. in zoning classification flied by any interested
party .
The Planning and Zoning Commission also conducts reviews of the City's Comprehensive Plan
and recommends the location and extent of the Plan's projected needs including but not limited
to:
Land Use Plan
Thoroughfare Plan
Utilities Systems
Open Space I Pedestrian System PI~
Beautification and Conservation Plan
Public Safety Plan
Community Facilities Plan
Capital Improvement Program
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Zoning Board of Adjustment - The Board of Adjustment shall hear and decide appeals to any
order, requirement, decision or determination made by the Building Official related to the Zoning
Ordinance. The Board also hears and decides on special exceptions and variances as long as their
action is not contrary to public interest and is within the guidelines established by State Law and
the City's Zoning Ordinance. The Board shall also conduct public hearings and render decisions
regarding the Zoning Ordinance's provisions for non-conforming structures and uses.
Civil Service Commission - The Civil Service Commission was established in 1981,when the
citizens voted to adopt the State's Municipal Civil Service Law, as it applies to sworn police
officers. In compliance with State Law, the Commission has adopted rules relating to the
appointments and the promotions of sworn police officers. Furthermore, the Civil Service
Commission conducts investigations and hearings related to police officers appeals of disciplinary
actions .
SEPARATE LEGAL ENTITIES
La Porte Area Water Authority - The La Porte Area Water Authority was created in 1981 by the
State Legislature. The legislation granted the Authority rights and powers related to acquisition
of water supplies and the collection I treatment of wastes. The early mission of the Authority was
to secure surface water supplies and provide for the delivery of this surface water to entities
contracting with the Authority. The Authority may purchase, construct, lease or otherwise acquire property and facilities relating to their mission. They may contract with persons,
corporations, municipal corporations, and political subdivisions of the State with the approval of
the City Council.
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APPENDIX B
BOARDS AND COMMISSIONS HAVING ELIGmILITY REQUIREMENTS
Airport Advisory Board
Members shall be:
Position 1 - Shall be a Fixed Base Operator lessee at the City Municipal Airport.
Position 2 - Shall be a member of the Aeronautical Department at San Jacinto College.
Position 3 - Shall be a licensed pilot active at the City Municipal Airport.
Position 4 - Shall be a licensed pilot who is a resident of La Porte and active at the City
Municipal Airport.
Position 5 - Shall be a resident of the City.
Position 6 - Shall be a resident of the City.
Position 7 - Shall be the City Airport Manager.
In addition, there are 2 Advisory Members:
A representative of the FAA
A representative of the airline or commuter airline industry.
Pltmning & Zoning Commission
The City Planning and Zoning Commission shall consist of seven members who are resident
citizens and qualified voters of the City. Furthermore, the Planning and Zoning Commission
shall consist of a member from each of the six council districts, and a chairman. The term of the
six members from the six council districts shall coincide with the term of office of the
Councilperson for said district. The term of office for the chairman shall coincide with the term
of office of the Mayor. Each member who is appointed from a district shall be a resident of the
district from which he is appointed at the time of his appointment and continuously throughout his
tenure in office.
Zoning Board of Adjustment
The 5 members and 2 alternates shall be citizens of the City of La Porte and who are not
members of the City Council or the Planning and Zoning Commission, each to be appointed by
the City Council.
Civil Service Commission
A person appointed to the Commission must:
1. Be of good moral character
2. Be a United States Citizen
3. Be a resident of the municipality who has resided in the municipality for more than
three years.
4. Be over 25 years of age; and
5. Not have held a public office within the preceding three years.
La Porte Area Water Authority
Powers of the authority shall be exercised by a board of five directors, none of who shall be a
member of the City Council of the City of La Porte during his term
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Fire Code Review Committee -
The Fire Code Review Committee consists of 9 voting members and 3 ex-officio members. Each
member of the City Council shall appoint one person. Said members shall reside in the City of
La Porte. The Mayor and At-Large Councilpersons shall each appoint 1 member, said member
shall reside in La Porte. The 3 ex-officio members shall be the Fire Chief, or his duly authorized
representative, the Fire Marshal, or his duly authorized representative, and the Chief Building
Official, or his duly authorized representative. All nominations are subject to confirmation by a
majority of the City Council.
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APPENDIX C
Robert's Rules of Order Relating to Motions
MOTION 0 r:r:
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Adjourn No Yes No No Yes Yes Yes
Adopt/Accept a Report Yes Yes Yes Yes Yes Yes Yes
Adopt constitutions, By-laws, and Rules of Order Yes Yes Yes 1 Yes Yes Yes
Adopt Standing Rules Yes Yes Yes Yes Yes Yes Yes
Amend 2 Yes Yes Yes Yes Yes Yes
Amend an Amendment 2 Yes No Yes Yes Yes Yes
Amend Constitution, By-laws, and Rules of Order Yes Yes Yes 1 3 Yes Yes
Amend Standing Rules Yes Yes Yes Yes 4 Yes Yes
Appeal (excluding Indecorum) Yes Yes No Yes Yes Yes No
Debate, to Close, Limit or Extend No Yes Yes Yes No Yes Yes
Division of Assemble No Yes No No Yes No No
Division of Question No Yes Yes No Yes 5 5
Fix the Time to Adjourn 6 Yes Yes Yes Yes Yes Yes
Informal Consideration of Question Yes Yes No 1 Yes Yes Yes
Lay on the Table ... No Yes Yes No Yes Yes Yes
Main Motion or Question Yes Yes Yes Yes Yes Yes Yes
Nomination, to Make Yes Yes No No Yes No Yes
Nominations, to Close No Yes Yes No No Yes Yes
Nomination, to RlH)pen No Yes Yes 1 Yes Yes Yes
Objection to Consideration of a Question No Yes No 1 7 No No
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Robert's Rules of Order Relating to Motions
MOTION 0::
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CD wO U w w
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m CD~ z z Ow rn I-J:
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a. > -<
Order, Question of No Yes No No Yes No No
Order, to Make a Special Yes Yes Yes Yes No Yes Yes
Orders of the Day, to Call for No Yes No No Yes No No
Parliamentary Inquire No Yes No No Yes No No
Postpone Definitely (to Certain Time) Yes Yes Yes Yes Yes Yes Yes
Postpone Indefinitely Yes No No 8 Yes Yes Yes
Previous Question No Yes No 9 No Yes Yes
Privilege, to Raise Question of No Yes No No Yes No No
Recess, to Take a 6 Yes Yes No Yes Yes Yes
Reconsider 2 10 No No Yes Yes Yes
Substitute (same as Amend) Yes Yes Yes Yes Yes Yes Yes
. ."
Suspend the Rules No Yes No No No Yes Yes
~
Take from the Table No Yes No No Yes Yes Yes
Withdraw No Yes No 1 Yes No Yes
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FOOTNOTES TO TABLE OF ROBERT'S RULES OF ORDER
1. An affirmative vote on this motion cannot be reconsidered.
2. Undebatable when the motion to be amended, reconsidered, or rescinded is undebatable.
3. Constitutions, By -Laws, and Rules of Order before adoption are in every respect main
motions and may be amended by majority vote. After adoption they require prior notice and
2/3 vote for amendment.
4. Standing Rules may be amended at any time by a majority vote if previous notice has been
given, or by a 2/3 vote without notice.
5. If resolutions or propositions relate to different subjects which are independent of each other,
they must be divided on the request of a single member, which may be made when another has
the floor. If they relate to the same subject and yet each part can stand alone, they may be
divided only on a regular motion and vote.
6. Undebatable if made when another question is before the assembly.
7. The objection can be made only when the question is first introduced, before debate. A
2/3 vote must be opposed to the consideration in order to sustain the objection.
8. Negative vote on this motion cannot be reconsidered.
9. Cannot be reconsidered after a vote has been taken under it.
10. Opens to debate main question when latter is debatable.
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City of La Porte
evised April 1999