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CC Resolution No. 6 R E S O L U T I O N No. 6 - 12-13-62 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 parlia- mentary 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 twu regular meetings each month; provided that Council may, by majority consent, waive a regular meeting as long as no less than one meeting is held each month. Regular meetings shall be held on the second and fourth Thursdays of each month at Five-Thirty (5:30) o'clock p.m. ; provided that Council may, by majority consent, meet at some other hour. Special meetings shall be called by the City Clerk upon request of the Mayor, City Manager or a majority of the members of the Council. All meetings 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 elsewhere should exigencies 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 matter, 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. "21' 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 oppos- 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 shel: not be used by any of its members for personal vilification or political expedien- cy. Should any member violate this sections or any other provision of this Reso- 3„ 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 refrain 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 CFNS"RE For the Censure of Council Member District Number (or Mayor, if applicable). Against the Censure of Council Member District Pimber (or Mayor, if applicable). Results of such censure shall be made a matter of record, Section 6: unen^ia: S-ecial meetings of the Council shall be confined to the subject matter for which the meeting is call.e9. 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 im�cdiatnly prior to the rounlar _i eiing w thant the unanimous consent of Council. Section 7: Order of Business: The proceedings 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. T. 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 . 4" 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 discuss and vote on such matter as provided in the following paragraph; provided, that any council- man may ask for and, if he does, shall be granted a recess of no less than ten (10) minutes before such Council discussion and vote are undertaken 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 dir- ected to properly execute this Resolution and to publish same in the official news- paper 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 PASSED by a /majority of the City Council of the City of Baytown this day of n of & �. �./�o.� 1962. Al Clayton Mayor ATTEST: L b". Edna Oliver, City Clerk