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HomeMy WebLinkAboutR87-286107 RESOLUTION NO. R87-286 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS MAKING A POLICY STATEMENT THROUGH THE ADOPTION OF A BOARDS, COMMISSIONS AND COMMITTEES HANDBOOK o WHEREAS, the City of Plainview has numerous Boards, Commissions, and committees which perform a valuable service for the City; and WHEREAS, it is in the best interest of the citizens of Plainview that a policy statement be made concerning said various Boards, Commissions and Committees; and WHEREAS, said policy statement is being made through the adoption of the attached "City of Ptainview Boards, Commissions and Committees Handbook," which is hereby made a permanent part of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Plainview, Texas that a policy statement is hereby being adopted for various Boards, Commissions, and Committees through the adoption of the attached Boards, Commissions, and Committees Handbook. BE IT FURTHER RESOLVED that all policies in conflict with said Handbook are hereby repealed. I, Sher¥1 Owen, City Secretary for the City of Plainview, hereby certify that the above Resolution was adopted by the Plainview City Council on this the 8th day of September, 1987. ATTEST: ~H~RYL ~WEN, City Secretary II. III. IV. V. VI. TABLE OF CONTENTS Summary; purpose, appointment procedure, etc. The Oath of office. Smmnary of the Individual Boards, Committees and Commissions. Rules and Regulations for Alternate Members. Procedures for Conducting a Meeting. Texas Open Meetings Law's Requirements for Boards and Committees. Application for City of Plainview Boards, Commissions and Committees- A. Airport Board B. Board of Adjustment C. Board of Electrical Examiners D. Board of Minimum Housing Standards E. Building and Fire Code Board of Appeals F. Canadian River Municipal Water Authority G. Central Plains Higher Education Authority H. City/County Health Board I. civil Defense Committee j. Human Relations Commission K. Planning and Zoning Commission L. Plumbing Appeals & Advisory Committee M. Unger Memorial Library Advisory Committee 1-2 2-3 3-4 4 4-7 7-8 9 10 10 10 10-11 11 11 11-12 12 12 12 12-13 13 13 CITY OF PLAINVIEW BOARDS, COMMISSIONS AND COMMITTEES HANDBOOK CITY OF PLAINVIEW BOARDS, COMMISSIONS AND COMMI~fEES PURPOSE It is the purpose of the City of Plainview to provide our community with a viable force of interested citizens serving on various boards, commissions, committees and authorities as the basis for strong municipal government. These boards, commissions, committees and authorities will continue to be composed of interested citizens of all races, creeds, ethnic backgrounds, and economic status residing throughout the community and in all neighborhoods. APPOINTMRNTPROCEDURE The appointment of all board, commission and committee members is vested in the Plainview City Council and each appointment must be confirmed by a majority vote of those present and voting at a regular City Council meeting. Names of persons to be considered for appointment to various boards, commissions, committees and authorities may be submitted on a form provided setting forth vital information to serve in the recommended position which will be filed for current action or future consideration. ORGANIZATION Due to the large number of boards, commissions, and committees, the Mayor shall appoint one Councilmember to be ex officio member to each committee, after each regular election of the City Council. CHARGRs & RESPONSIBILITIES Each newly appointed representative shall receive a copy of the ordinance creating said board, commission, or committee, bylaws and term of office. ATTENDANCE Attendance of all regular, special and emergency board, commission or committee meetings is important to the conduct of the business of the City of Plainview. Lack of a quorum is an inconvenience to each citizen appearing for action to be taken, as well as to the other board members who are present and unable to constitute a quorum. If a member of a Board, Commission, or Committee misses three (3) consecutive Meetings, whether Regular, Special or Emergency, without acceptable reason or five (5) such Meetings during any single anniversary year, upon a majority vote of -1- the Board, Commission or Committee Members present and voting, the Chairperson shall request that the City Council replace the member immediately. Each Board, Commission, or Committee shall determine what is ,,acceptable reason" for missing a Meeting. SUCCRMSION OF APPOINTMENTS No representative shall be able to succeed himself as a representative to the City of Plainview boards, commissions and committees in excess of two full terms, except by approval of the Council. A representative appointed to an unexpired term shall be eligible for two full term appointments beyond the initial unexpired term, but shall not be eligible for reappointment following the completion of two full terms, except by approval of the Council. TAKING TME~ OATH OF OFFICE The Texas Constitution requires that all public officials take an oath of office. The basic question is what is a public official? Article XVI, Section 1 states, "The Secretary of State and all other appointed officers, before entering upon the duties of their office shall take the following Oath or Affirmation. "I -, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and this State; and I furthermore solemnly swear (or affirm), that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute 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." Since the Constitution does not tell us who a public official is, the safe position is to assume that all board and commission members are public officials and give all an oath of office. This is especially true of any body that makes decisions that effect people, especially quasi-judicial bodies such as the Zoning Board of Adjustment and the Planning and zoning Commission. The premise is based in the Common Law theory that public officials make decisions that have the force of law, and therefore, must officially be installed in office by taking an oath. There is limited case and statutory law existing on this matter. A 1945 Attorney General's opinion (No. 0-6829) states that the School Board of Equalization must be given an oath of office. State law allows the chairman of several Boards (Zoning Adjustment and Housing Authority) to administer an oath to and comply witnesses to attend. One can assume that members of such boards would also have to be given an oath of office as they are administering oaths to others. -2- In addition, giving an oath to members of such boards or commissions might serve to impress upon them the importance of their actions. It may also serve as a nice way of making them feel that their service is appreciated. BOARDS AND COMMISSION NOT GOVERNED BY STATE LAW Advisory committees are committees of citizens appointed by the Mayor and the City Council. Their purpose is to give advice to the City Council on areas of community interest. These committees are not governed by specific state law but are created by the City Council. Some are created by council ordinance and may be created for a certain time period or may be created for an unspecified duration. Advisory committees cannot pass ordinances; instead their purpose is to study the concerns at hand and to make recommendations. These boards are usually given the title of "Committee" instead of "Board," because "Board" usually implies that the body has some ability to enforce its decisions or that its decisions are final or supported by law. The term "board" may mean that the body has quasi-judicial status. If such boards have enforcement or quasi-judicial functions the term "board" is appropriate. If, on the other hand, such bodies are simply advisory and make recommendations for changes in policy to the city council, the term "Advisory Committee" is more appropriate. Elected officials find they have many uses' for advisory committees in addition to the general usage of expanding citizen participation in government and gaining information on important issues prior to passing ordinances. Some of these uses are: --to acquire expertise. --to deal with issues too new to use standard avenues of participation. --to bring together viewpoints which might not otherwise be heard and to gain input from a cross-section of the community. --to involve qualified persons in the government who do not desire to compete for public office. --to resolve conflicts between groups of citizens. Advisory committees can be especially useful when they serve as (1) a source of ideas, and (2) as a messenger to "get out the word": (1) Advisory committee as a source of ideas--The best possible function for an advisory committee is to serve as a creative source of ideas in the policy making process. The committee can collect and evaluate information on how well the government is responding to the needs of the community. This kind of approach often leads to new ideas, as the group that began to evaluate services may develop into an innovative unit that will suggest new alternatives to the governing body. -3- (2) Advisory committees get the word .ou%--Even in communities with responsive and responsible ~ews media, information about important proposed policy changes may not get to effected persons for some time. Representative advisory committees can provide a feedback link to the governing board members, as well as a way of taking information to the citizens. The press may help with this process since the advisory committee itself is usually newsworthy. RU~ AND REGULATIONS FOR ALTERNATE MEMB~ The alternate members of City Boards and Commissions possess the full powers and responsibilities of regular members. Normally alternates will be contacted prior to the meeting and asked to make plans to attend in order to ensure a quorum of members will be present. Thus, while not required to attend each meeting, the alternate system provides an opportunity for new appointees to learn the duties of the Board or Commission of which they are members. Vacancies occurring for regular members are normally filled by alternate members upon action of the Mayor and City Council. ~ROCRDU~RS FOR CONDUCTING A MEETING In order for a city meeting of boards, commissions and committees to function properly' and in a fair and orderly manner certain rules and procedures should be utilized. The following is an explanation and demonstration of a few simple rules and procedures that provide a cordial but orderly and somewhat formal atmosphere for conducting meetings. ROLE OFTHE CHAiRPERSON ANDTHEAGENDA The function of the chairperson is to provide leadership to the group. He/she has certain duties and responsibilities which he/she must perform. (1) One is to see that everyone acts in accordance with established rules. (2) He/she also has the responsibility to see that the meeting moves along and stays on track. If the group is indecisive, he/she should exercise leadership and make suggestions. When debate is concluded he/she should summarize the major points made. In general, the chairperson should maintain order and try to bring the group to a conclusion on matters before it. -4- The job of the chairperson is made easier by always having a written agenda. The agenda should be prepared ahead of time and copies given to all those present and to the committee ahead of time if possible. The agenda should be prepared by the secretary, who is usually the department head or staff person to the board or commission. Usually, the first order of business on the agenda is the review and passing of the last meetings' minutes taken by the secretary. This is usually followed by reports from committees. Unfinished business is next, followed by new business. PROCEDURAL RULES OF ORDER Here are a few obvious points that should be followed; but, are often forgotten: 1. Discuss only one topic at a time. 2. The chairperson should recognize the person or persons who wish to speak and only they should be allowed to speak. Others should hold their comments until they have the floor. 3. If the meeting is a public hearing, the board or commission should hear the public and keep quiet until questions are allowed by the chairperson. 4. If a lot of people want to speak on a topic, some time limit should be set on 'how long each can speak. PROCEDURAL RULES 1. Begin the discussion by having a member make a motion. Motion should be made and seconded. After this, debate can be conducted. Proper form, "(Mr./Mrs. chairperson, I move the following...)-" 2. Amending a motion. Any motion may be amended as follows. '~Mr./Mrs. Chairperson, I move that we amend the motion by (adding, striking out, 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 fails, the original motion is put to a vote. 3. Change by a Substitute Motion. Another way to change an original motion is by use of the Substitute Motion. A substitute motion is just an amendment that changes an entire sentence or paragraph. It must be seconded and then can be discussed. It may be amended and differs only from an amendment in that if the substitute motion passes it does away entirely with the original motion. -5- Se Lay a Motion on the table. Sometimes a board or commission 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. To lay something on the table it must be moved and seconded. A vote is immediately taken without discussion. Once it has been decided to lay a motion on the table, it cannot be 'brought up again until the board or commission votes to do so. A tabled motion is not debatable and must be voted on immediately. If it is decided to bring a motion from the table, then this main motion can then be discussed and a vote taken. 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. Postpone a Motion. Another method of delaying a decision on a matter is to Postpone to a Certain Day the consideration of a main motion. This is done by simply making a motion to postpone consideration of the motion until a definite future date and having seconded. The motion to postpone is then open for discussion. Following discussion a vote is taken. 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. Motion to Refer. A main motion may also be delayed by a Motion to Refer the main motion to a committee or person for further study. After the motion to refer is moved and seconded, it is open to discussion and motions to amend can be made on to whom the main motion should be referred. The motion to refer as amended is then voted on. If it passes, the main motion is referred; but if it fails, then discussion on the main motion begins. Point of Order. While this review of parliamentary procedures has been designed to cover the most common problems a board or commission member will face, they may not always be applicable depending upon any bylaws adopted by the board or commission or because of illegal constraints in a hearing type situation but these basic procedures usually are acceptable under most meeting situations. Complicated procedural questions should be researched from ROBERTS RULES OF ORDER, REVISED. Any time a member feels an incorrect procedure is being used he can interrupt with a point of order request which requires the chairperson to decide what is the correct procedure. -6- 8. Suspension of the Rules. Occasionally, board or commission members may want to discuss an item of business without the constraints of any rules. Unless the bylaws require otherwise, a two-thirds (2/3) vote of the members is needed to suspend the rules. This motion is not debatable and must be voted on upon its being seconded. WHAT IS A QUORUM? In some cases state law dictates a quorum is needed to conduct business. A quorum is the minimum number of members needed to officially conduct business. Where no statement on quorum number exists, a committee may set any number of members present as a quorum, usually a majority, but not necessarily. WOR~TNG WITH CITY STAFF A member of a city advisory board, commission or committee must utilize city staff expertise to adequately perform his or her job. similarly, city staff needs the perspective and information advisory groups provide. Most of the time, this relationship is harmonious and productive. There are some things both advisory group members and city staff can do to ensure effective mutual work. Our purpose here, of course, is to learn what to avoid and discover how to practice what will increase effectiveness for citizens. ~H~.TF.~AS OPEN~.RTINGLAW'S REQUIREMENTS FOR BO~DS AND COMMISSIONS Article 6252-17 of Vernon's Annotated civil Statues (V.A.T.C.S.) is commonly referred to as the Texas Open Meetings Law. This article generally requires that every meeting of a governmental body be open to the public and enumerates some exceptions to the requirement. Meeting is defined as "any deliberation between a quorum of members of governmental body, or between a quorum of members of a governmental body and any other person, at which public business is discussed or considered, or at which any formal action is taken." Governmental Body is stated to mean any board, commission, department, committee, or agency within the executive or legislative department of the state, which is under the direction of one or more elected or appointed members; and every City Council in the State, and every deliberative body having rule-making or quasi-judicial power and classified as a department, agency, or political subdivision of a city. Deliberation means a verbal exchange during a meeting between governmental body -members ,,concerning an issue within the jurisdiction of the governmental body or any public business." -7- Within the exceptions are included such activities as allowing the governmental body to exclude witnesses during examination of another witness; deliberation of grand juries; pertaining to acquisition of any interest in real property; discussions involving personnel matters; cases involving discipline of public school children; employment of security devices; collective bargaining session for school districts; and meetings of bodies wholly financed by federal funds. The Attorney General has ruled that city boards and commissions which have no rule-making or quasi-judicial power are not required to comply with the open meeting and notice requirements of the Open Meetings Law. Article 6252-17, V.A.T.C.S., contains a requirement that no final action will be taken on any matter considered by the governmental body in a closed meeting unless the meeting in which the finalization is taken is open and properly posted. That requirement indicates that, although a governmental body may deliberate in a closed meeting, or ,,executive session," it must vote or make any final decision on the matter in an open meeting. Further, closed meetings are limited to the subjects of pending litigation, personnel, and land acquisition.' -8- APPLICATION FOR CITY OF PLAINVIEW BOARDS/COMMISSIONS/COMMITTEES (PLEASE TYPE OR PRINT) PHONE: ( home ) NAME: (work) ADDRESS: OCCUPATION: Address of Business: How many years have you been a Plainview Resident? I am interested in serving on the board/commission/committee checked below: (may check more than one) ( ) Airport Board ( ) ( ) ( ) Board of Adjustment Board of Minimum Housing Building Code and Fire Code Board of Appeals ( ) ( ) Canadian River Municipal Water Authority Central Plains Higher Education Authority Why are you interested board/commission/committee: ( ) Electrical Board ( ) Health Board ( ) Housing Authority ( ) Human Relations Commission ) Library Board ) Planning & Zoning Commission in serving on said Is there any information which you think should be considered for your appointment to this Board/Commission/Committee? (experience, community activities, organizations, etc.) Return to: City Secretary City of Plainview P.O. Box 1870 Plainview, Texas SIGNATURE OF APPLICANT DATE -9- AIRPORT BOARD The Airport Board is a joint operation set up by contract between the City and County to operate the City/County Airport within the parameters established by the City council and Commissioners court. The Board consists of seven people, three of which are appointed by the City, three that are appointed by the County, and the seventh is appointed by the six board members, and confirmed by the City Council and commissioners court. The board members are appointed for three year consecutive terms. BOARD OF ADJUSTMENT The Board of Adjustment consists of five members and four alternates who are qualified by experience and -training to pass on matters pertaining to zoning. They are appointed by the City Council for two year consecutive terms. It is the duty of this Board to provide for reasonable interpretation of the zoning ordinance and to grant such variances as they deem necessary as provided for in the Zoning Ordinance; and to hear and decide appeals where it is alleged there is error in any order, requirements, decision, or determination made by the Building official in the enforcement of this Ordinance. Members of the Board of Adjustment meet regularly the fourth Monday of each month at 7:30 p.m. BOARD OF ~T~CTRICAL EXAMINERS The Board of Electrical Examiners shall consist of seven members as follows: Two Master Electricians, two Journeyman Electricians, one member who is an employee of the local utility company, and two other members who are qualified through education and practical experience to perform the duties of an electrical examiner. They are appointed by the City Council for two year consecutive terms. It is the duty of this Board to approve applications for Electrical Licenses; to set the requirements for an examination and to grade the examination; to make the necessary recommendations to the City Council for improvement and upgrading of the Electrical code; and to provide for reasonable interpretation of the Electrical code. The Board of Electrical Examiners meet regularly on the third Tuesday of each month at 7:30 p.m. BOARD OF MINIMUM HOUSING STANDARDS The Board of Minimum Housing Standards consists of five members who are qualified by experience and training to pass on matters pertaining to residential building construction- They are appointed by the City Council for two year overlapping terms. Board duties include the approval of current Housing Code requirements; to make recommendations to the City Council for amendments to the Housing code; to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the code Enforcement officer in the enforcement of the Housing.Code. The Board meets regularly the first Tuesday of each Month at 7:30 p.m. BUILDING AND FIRE CODE BOARD OF APPEALS The Building Code of Appeals consists of seven members who are qualified by experience and training to pass on matters pertaining to building construction, fire safety and life safety in buildings. They are appointed for two year overlapping terms by the City Council. Board Duties include approval of current editions of the Life Safety Code, Uniform Fire Code and Uniform Building Code; to determine ~e suitability of alternate materials and methods of construction; to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Building official or Fire Marshal; to make recommendations to the Mayor and City Council for amendments to the Fire codes or Building Codes. Members of the Building Code/Fire Code Board of Appeals meet regularly the third Thursday of the month at 7:30 p.m. CANADiAN RiVERMUNICIPALWATERAUTHORITY Directors of the Canadian River Municipal Water Authority are appointed on July 1, of each year for-two year overlapping terms. It is an operational board and carries on the business of the Canadian River Municipal Water Authority by approving the budget, setting rates, and establishing policy. The City of Plainview appoints two people as a members of this Authority. The Authority meets quarterly. CENTRAL pLaINS ~i~R. R RDUCATION AUTHORITY The Central Plains Higher Education Authority consists of nine members, four of whom shall be representatives of the existing four-year college in Plainview. Their term shall be for three years, with no member serving more than two full consecutive terms. The Higher Education Authority's purpose is to promote technical, vocational, and general education at the post-secondary level in the region in and around Plainview. -11- The Higher Education Authority members meet quarterly at a place and time agreed upon by the members. This authority was created by ordinance. CiTY/COUNTY~ALTHBOARD The City/County Health Board is a nine member board co-sponsored by the City of Plainview and Hale County. Four of these members are appointed by the City Council, four by the County Commissioners and one joint appointee that must be a Dentist. Three of the nine members must be doctors. These members act as a policy making board and formulate guidelines in coordination with the State Health Department. The City/County Health Board meets at 12:30 p.m. the third Thursday of each month. CIVIL DEFENSE & DISAS~R.R RRLIEF COMMIttEE The Plainview civil Defense and Disaster Relief Committee is responsible for updating and reviewing the civil Defense and Disaster Plan for Plainview. The members are appointed by the Mayor and City Council for a standing term. This committee makes recommendations to the City Council. The civil Defense and Disaster Relief Committee meets once a year on a called date. Special meetings will be called as deemed necessary. Ordinance No. 65-908 created this Committee in December of 1965. HUMAN P~R. LATIONS COMMISSION The Human Relations Commission consists of seven (7) members appointed by the Council for three year overlapping terms. The Human Relations Commission shall advise and consult with the City Council and the City Manager on matters involving racial, religious or ethnic discrimination; recommend measures to eliminate prejudiced and discrimination; and to promote and encourage communications between groups interested in bettering community relations. The Human Relations Commission meets on the first Tuesday of each month at 7:00 p.m. PLANNING & ZONING COMMISSION The Planning and zoning Commission consists of seven members and three alternates who are qualified by experience and training to pass on matters pertaining to zoning. They are appointed by the City Council for two year overlapping terms. -12- It is the duty of this Commission to act as an Advisory Commission to the City Council so as to make recommendations for rezoning of property within the city; to examine all proposed division of land defined as plans, plats, replats, additions, subdivisions, and resubdivision or subdividing lands within the City Limits to determine if such division of land conforms to the Comprehensive Plan of the city; to recommend to the City Council the annexation of land outside the City Limits; to provide for the orderly and systematic development of the city; to perform all of the duties provided by the laws of the state for City Planning Commissions and as provided by the provisions of any Ordinance of the city; and to make recommendations to the City Council on all amendments to the zoning Ordinance. The Planning and Zoning Commission meets regularly the second and fourth Thursday of each month at 7:30 p.m. PLUMBING APPF~L~ & ADVISORY BOARD Plumbing Appeals and Advisory Board consists of five members: one Master Plumber, one Journeyman, and three others who are qualified by experience and training to pass on matters pertaining to the installation of plumbing. They are appointed by the City Council for two year overlapping terms. It is the duty of the Board to submit to the City Council such recommendations for the improvement and revision of the Plumbing Code as it may from time to time deem necessary and proper in light of the development of new materials, methods or techniques which would result in a better and more economical installation, and to prowLde for reasonable interpretation of the provisions of the Plumbing Code. The Plumbing Appeals and Advisory Board meets regularly the third Thursday each month at 7:30 p.m. UNGF. R~O~TALLIBRARYADVISORY COMMITTEE The Unger Memorial Library Advisory Committee consists of five members appointed by the City Council for four year overlapping terms. The objective of the Committee is to perpetuate the Unger Memorial Library and to promote the cultural development of the community. The Unger Memorial Library Advisory Committee meets the first Monday of each quarter of the fiscal year at 7:30 p.m. -13-