HomeMy WebLinkAboutO-2023-3959ORDINANCE NO. 2023-3959
AN ORDINANCE AMENDING THE CITY COUNCIL'S ADOPTED RULES OF
PROCEDURE FOR CITY COUNCIL MEETINGS BY REVISING PROCEDURES
RELATED TO THE ATTENDANCE POLICY FOR MEMBERS OF CITY COUNCIL;
FINDING COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; CONTAINING
A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, pursuant to a special election held on May 1, 2021, the La Porte Home Rule Charter
was amended to provide that "a member of City Council shall forfeit his or her office by failing to
attend three (3) consecutive regular Council meetings without being excused by the Council."; and
WHEREAS, on July 26, 2021, the City Council amended the City Council Rules of Procedure and
Ethics Policy to establish rules for attendance of meetings by City Council members and to provide
guidelines to the City Council in making a determination whether an absence is excused or unexcused;
and
WHEREAS, based on authority of Section 2.07. Meetings. b. Rules. of the City Charter of the
City of LaPorte, which provides that "City council shall determine its own rules and order of
business", the City Council finds that it is within its purview to amend the attendance policy
contained within the City Council Rules of Procedure; and
WHEREAS, the La Porte City Council desires to revise procedures related to classification of
absences as excused or unexcused by amending the City Council Rules of Procedure and Ethics Policy,
as provided below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
Section 1. The City Council Rules of Procedure and Ethics Policy is hereby amended by
revising Section 5.04 "Rules for Attendance at Regular Meetings of the City
Council", which section shall hereinafter read as follows:
"SECTION 5.04 Rules for Attendance at Regular Meetings of the City Council
Section 2.04 (b)(4) of the City Charter provides that a member of City Council shall. forfeit his or her
office by failing to attend three (3) consecutive regular Council meetings without being excused by the
Council.
A member of City Council who will not be able to attend a regular Council meeting shall make a
reasonable effort to notify the Mayor, the City Manager's Office, or the City Secretary's Office prior
to the meeting, and shall indicate the reason for his or her inability to attend.
Absences shall be considered excused if for personal illness, family illness, emergencies, funerals,
military service, family events including vacations, weddings, and graduations, business obligations,
official city business such as attendance at a conference for municipal officers, or for other good cause
as determined by the Council.
Absence from a regular meeting shall be considered unexcused if the member fails to convey the
reason for his or her absence to the Mayor, City Manager or City Secretary or otherwise fails to give
sufficient information to the City Council to enable it to determine the reason for the absence.
Furthermore, absence due solely to the refusal of the member to participate in a meeting through
telephonic or video conference call, when such measures are legally available to the member in
accordance with state law, shall be considered unexcused when the member fails to show good cause
why the member could not participate through such methods.
If a member is absent for more than fifty (50) percent of a meeting without being excused by the City
Council in accordance with rules and procedures established herein, the member shall be considered
absent from such meeting.
At the next regular meeting following the third consecutive regular meeting from which the member
was absent, the City Council shall by vote determine whether the member's absence from each of the
three (3) consecutive regular meetings is deemed excused or unexcused.
Section 2. Open Meetings Act Notice. 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 Act, Chapter 5 51, 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. Repeal. All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict only.
Section 4. Effective Date. This ordinance shall take effect immediately upon its passage and approval.
PASSED AND APPROVED, this 1311 day of November 2023.
CITY OF LAIPORTE, TEXAS
4Ai
Louis igby, a r
APPROVED AS TO FORM:
Clark T. Askins, City Attorney
low
5 coup .