CC Resolution No. 1 R E S Q L. 0 T ION
NO. 1 - 10-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN PROVIDING FOR CERTAIN PARLIAMENTARY RULES
OF PROCEDURE AND STANDARDS OF CONDUCT TO THE END
THAT THE LEGISLATIVE FUNCTION MAY BE SMOOTHLY AND
PROPERLY EFFECTUATED; AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE THIS RESOLU-
TION, POST SAME AT CITY HALL AND PUBLISH IT IN THE
OFFICIAL NEWSPAPER OF THE CITY.
WHEREAS, the City Council has never adopted, formally, any rules of
parliamentary procedure; and
WHEREAS, its meetings are now governed by Robert's Rules of Order, and
such rules are definitive, complex and subject to different interpretations; and
WHEREAS, Council believes that its effectiveness can be greatly improved
by the adoption of formal criteria of conduct; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: Meetings: The City Council shall have two regular meetings each
month; provided that Council may, by majority consent, waive a regular meetirg as
long as no less than one meeting each month is held. Regular meetings shall be
held on the second and fourth Thursdays of each month at Five-Thirty (5:30 o'c3or'
p.m. Special meetings shall be called by the City Clerk upon request of the Ma,,^+r
City Manager or a majority of the members of the Council. All mceting's of the
Council shall be open to the public. All meetings shall be held in the Council
Chamber at City Hall; provided, that meetings may be held eslewhere should exi-
gencies arise, in Council's discretion, that require another meeting forum. The
City Clerk shall give notices of all regular and special meetings.
Section 2: City Clerk - Council Records : The Council shall keep a journal
of its proceedings and the journal shall be open to public inspection. The City
Clerk shall be charged with this responsibility and she shall authenticate by her
signature, and record in full in a book kept for the purpose, all ordinances and
resolutions adopted by Council. This book shall be cross-indexed by subject mat-
ter, ordinance number, purpose and in any other manner the City Clerk may deem
proper in order to make same easier to use. A copy of this book, properly indexed,
shall be kept at the Sterling Municipal Library.
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Section 3: Presiding Officer: The Mayor shall preside at all meetings of
the Council. The Mayor shall be entitled to vote upon all matters considered by
the Council, but he shall have no veto power. The Council shall elect a Mayor
Pro Tem, by secret ballot, each year immediately after the regular and special
election, if any, returns are canvassed and the results of such are declared. The
Mayor Pro Tem shall act as Mayor during the absence or disability of the Mayor and,
if a vacancy should occur, shall become Mayor until the next regular election, at
which election a Mayor shall be elected to fill the unexpired term, if any.
Section 4: Separation of Powers : The Council hereby officially recognizes
the division of municipal powers dictated by, among other things, the Texas Con-
stitution, Texas Statutes, the City Charter and United States Governmental tradi-
tion. In further recognition of this basic tenet, the Council hereby agrees and
adopts the following:
1. That neither the Council nor any member thereof shall ever
interfere in the appointing and hiring responsibilities of the
City Manager and his delegates.
2. The Council and its members shall never direct, by implication,
suggestion, words, action, or otherwise, the removal or dismissal
of any employee by the City Manager or his subordinates.
3. Except for the purpose of inquiry, the Council and its members
shall deal with the administrative service through the City Manager.
Neither the Council nor any member thereof shall give orders to any
subordinate of the City Manager, either publicly or privately.
4. Should any person in a Council meeting, charge an employee with
improper conduct, malfeasance, nonfeasance, or misfeasance, then,
in such event, such person shall be ruled out of order immediately
and instructed to refer his complaint to the City Manager.
5. While a spirited interest by the employees in elections is encour-
aged, no employee shall take an active part in furthering or oppcs-
ing the election of any candidate to the City Council.
6. No employee shall attempt, directly or indirectly,to influence a
member of the Council to the employee's advantage; furthermore, no
employee shall attempt, directly or indirectly, to persuade the
public to favor him or his office except as expressly provided by
law.
7. Should an employee violate this section, or any other provision of
this Resolution, or be charged with any other act of misconduct or
incompetence, the City Manager shall conduct an immediate investi-
gation and hearing and .take appropriate action thereon.
Section 5: Misconduct of Individual Councilmen - Censure: Council, believ-
ing that its legislative function will be greatly enhanced by a businesslike at -
mosphere, coupled with dignity and decorum, hereby declares that its meetings shalt
not be used by any of its members for personal vilification or political expedien-
cy. Should any member violate this section, or any other provision of this Reso-
lution, it shall be the duty of the City Attorney, and he is hereby directed, to
so advise such Council member. Should such member continue to violate this sec-
tion, or any portion of this Resolution, in the discretion of the City Attorney,
then, in such event, the City Attorney shall so advise the Mayor and/or the Coun-
cil. The Mayor and/or a majority of the Council members present shall ask such
offending member to cease and desist from such conduct. In the event such Council
member fails and refuses to refraia from his alleged wrongful conduct, the Mayor
and/or a majority of the Council shall ask for an immediate vote of censure. Such
vote shall be by secret ballot and the ballot shall be substantially as follows:
BALLOT OF CFh51RE
For the Censure of Council Member
District Number (or Mayor, if applicable).
Against the Censure of Council Member
District N+imber (or Mayor, if applicable).
Results of such censure shall be made a matter of record.
Section 6: Asenda: Special meetings of the Council shall be confined to
the subject matter for which the meeting is called, Regular meetings shall be
- governed by an agenda. Nothing shall be placed on such agenda after 5:00 o'clock
p.m_ on the Tuesday immediately prior to the rnjjular :_ ,eting w th3at the unanimous
consent of Council.
Section 7: Order of Business: The prcceedings of the City Council shall be
as follows:
1. Calling the roll and marking absentees,
2. Adopting and, if necessary, correcting the minutes,
3. Opening bids.
4. Receiving petitions.
5. Unfinished business.
6. Receiving reports of special and standing committees,
7. New business, including passage of bills,
8. City Manager's Reports,
9. Recess - (At least fifteen (15) minutes),
10. Close meetings to public testimony and discussion.
Make decisions on all matters on docket.
11. Adjourn.
Section 8: Adoption of Non-Routine Matters or Laws: When an item of non-
routine nature is placed on the agenda, the Council shall approach such matters in
two steps:
A. Fact Finding: The City Council, believing that it can reach
better conclusions and decisions if proper facts are developed by it,
shall ascertain all the facts and information practical about a subject
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before it votes upon same. In furtherance of this approach, the
Council shall interrogate available witnesses, question interested
citizens and parties and gain available information from the City's
administrative force. The City Council, after gaining all useful
knowledge on the subject shall then recess the Council meeting for
no shorter duration than ten (10) minutes.
B. Council Discussion and Vote: The City Council, having al-
ready obtained pertinent information on the subject matter, shall then
proceed to discuss the matter at hand in a public meeting but closed
to outside participation or contribution to its satisfaction. After
which, at the pleasure of the Council, it shall be voted upon.
Section 9: Questions of Order: All questions of order shall be decided by
the presiding officer with the right of appeal from his decision to the City Coun-
cil, the majority of whom may override his decision.
Section 10: Robert's Rules of Order: The rules of procedure as stated in
Robert's Rules of Order (Revised) shall govern the proceedings of the City Council
except when in conflict with the provisions of the City Charter or City Ordinances
or the Rules of Procedure hereby adopted.
Section 11: Effective Date and Publication: That this Resolution shall take
effect immediately. That the Mayor and City Clerk are hereby authorized and di-
rected to properly execute this Resolution and to publish same in the official
newspaper of the City of Baytown. It shall be the City Clerk's duty to furnish
a copy of this Resolution to each member of the Council and to request approval
of same each year shortly after elections. The City Clerk shall also keep copies
available in her office and at Council meetings.
INTRODUCED, READ and PAS-JED by a majority vote of the City Council of the
City of Baytown this 4A 4r ay of 1: , 1962.
Al Clayto , Mayor
ATTEST:
Edna Oliver, City Clerk