CC Resolution No. 1370 2605
RESOLUTION NO. 1370
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ESTABLISHING RULES AND PROCEDURES FOR CONDUCTING
BRIEFING SESSIONS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
WHEREAS, pursuant to Section 551.075 of the Texas Government Code, the City Council is
authorized to confer with one or more employees of the City of Baytown in a briefing session, which
is called for the purpose of receiving information from employees or questioning employees; and
WHEREAS, Section 27 of the Charter of the City of Baytown, Texas, authorizes the City
Council to determine rules for all of its sessions; and
WHEREAS, it is deemed advisable for the City Council to establish rules for the conduct of
its briefing sessions;NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby establishes the
following rules for the conduct of its briefing sessions:
a. Attendance.
(1) Generally. All members of the City Council shall be afforded the
opportunity to be present at briefing sessions called for the purpose of
receiving information from City employees or questioning City employees,
except as provided in subsection (a)(2) hereof.
(2) Exception. If a briefing session is called for the purpose of receiving legal
advice or questioning the City Attorney or his designee about legal matters,
only those members of the City Council who are not opposing parties to
pending or contemplated litigation or who, upon a vote or decision on the
matter, are not otherwise required to file an affidavit pursuant to Chapter 171
of the Texas Local Govemment Code, shall be afforded the opportunity to be
present. A member of the City Council shall be deemed an opposing party to
pending or contemplated litigation if:
(a) he or she individually or a person related to the official in the first
degree by consanguinity or affinity, as determined under Chapter 573,
Government Code, has a claim against the City regarding the subject
matter of the briefing session or
(b) he or she or a person related to the official in the first degree by
consanguinity or affinity, as determined under Chapter 573,
Government Code, is a member of or employed by an individual,
association, corporation, firm, partnership or body politic and
corporate that has (i) a claim against the City or (ii) an interest
adverse to that of the City.
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Notwithstanding the above, members of the City Council shall exclude
themselves from briefing sessions if their attendance at the same would create
the appearance of a conflict of interest or would otherwise diminish the legal
representation of the City by depriving the other members of the City Council
of full disclosure from and to the attorney unfettered by fear that others will
be informed.
b. Deliberation. During a briefing session as described in Section 551.075 of the Texas
Government Code, members of the City Council may not deliberate public business
or policy affecting public business. All briefing sessions shall be held for the express
purpose of receiving information from City employees or questioning City
employees.
Section 2: This resolution shall take effect immediately from and after its passage by the
City Council of the City of Baytown, Texas.
INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City
of Baytown this the 24 h day of November, 1998.
/,� ('• G.�C,Z/t'R,tn,"'
PETE C. ALFARO, Mayor
ATTEST:
�l /?
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
J69ACIO RAMIREZ, SR., Attorney
c:klh 120\CouncilV2esolutions\Procedure4BriefingSession.Resolution
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