CC Resolution No. 2,725RESOLUTION NO.2,725
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING RESOLUTION NO.2236, ADOPTED ON MARCH 28, 2013, TO EXPAND
COUNCIL'S RULES OF PROCEDURE TO GOVERN CONDUCT OF THE CITY
COUNCIL WHEN ACTING IN AN OFFICIAL CAPACITY; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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 amends Resolution No.
2236, adopted on March 28, 2013, to expand Council's Rules of Procedure to govern conduct of the City
Council when acting in an official capacity, which rules, as amended, are attached hereto as Exhibit "A" and
are incorporated herein for all intents and purposes.
Section 2: All resolutions or parts of resolutions inconsistent with the terms of this resolution are
hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency; and in
all other respects, this resolution shall be cumulative of other resolutions regulating and governing the subject
matter covered by this resolution.
Section 3: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase
of this resolution or the application of same to any person or the set of circumstances shall for any reason be
held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of
this resolution or their application to other persons or sets of circumstances; and to this end, all provisions of
this resolution are declared to be severable.
Section 4: This resolution shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 13111 day of May, 2021.
A EST:
NDON CAPETILL Mayor
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ANGELA OACKSON, Interi N Clew -'Ai *
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APPROVED AS TO FORM:
KARML. HORNER, City Attornty
RAKaren HomeADocumentsTiles •City Council\Resolutions\202 May I AmendRulesdProcedure.doc
Exhibit "A"
RULES OF PROCEDURE
1. AUTHORITY
1.1 Charter. Pursuant to the provisions of sections 25 and 27 of the
Charter of the City of Baytown, the City Council enacts these rules of procedure
for all meetings of the City Council of the City of Baytown, Texas.
1.2 During any regular or special council meeting, a reasonable opportunity
shall be given for citizens to be heard under these rules. The rules of procedure
are enacted as guideline to be followed (i) by all persons in the Council Chamber
including the City administrative staff, news media, and visitors and (ii) by the
members of the City Council when acting in their official capacities.
2. GENERAL RULES
2.1 Meetings to be Public. All official meetings of the Council shall be
open to the public pursuant to the requirements of the Texas Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
2.2 Quorum. A majority of the members of the Council shall constitute a
quorum for the transaction of business.
2.3 Compelling Attendance. No member shall be excused from
attendance at a Council meeting except for good valid reasons.
2.4 Misconduct. The Council may punish its own members for misconduct. I
2.5 Minutes of Meetings. An account of all proceedings of the Council
shall be kept by the City Clerk and shall be entered in a book constituting the
official record of the Council.
2.6 Questions to Contain One Subject. All questions submitted for a vote
shall contain only one subject.
2.7 Right of Floor. Any member desiring to speak shall be recognized
by the Presiding Officer, and shall confine his or her remarks to the subject under
consideration or to be considered. No member shall be allowed to speak more
than once on any one subject until every member wishing to speak shall have
spoken.
2.8 City Manager. The City Manager, or Acting City Manager, shall
attend all meetings of the Council unless excused. lie or she may make
recommendations to the Council and shall have the right to take part in all
discussions of the Council, but shall have no vote.
See Baytown, Tex., Code §2-807 (2009).
Council Rules of Procedure
Page 2 of 10
2.9 City Attorney. The City Attorney, or Acting City Attorney, shall
attend all meetings of the Council unless excused and shall, upon request, give an
opinion, either written or oral, on questions of law. The City Attorney shall act as
the Council's parliamentarian.
2.10 City Clerk. The City Clerk, or Acting City Clerk, shall attend all
meetings of the City Council unless excused, and shall keep the official minutes
and perform such other duties as may be requested and assigned by the City
Manager.
2.11 Sergeant at Arms. The Chief of Police, or his or her designee, shall
serve as Sergeant at Arms for the City Council, and shall attend all meetings of
the City Council unless excused.
2.12 Officers and Employees. Any officer or employee of the city, when
requested by the City Manager, shall attend any meeting of the Council. If
requested to do so by the City Manager, such employee may present information
relating to matters before the Council.
2.13 Suspension of Rules. Any provision of these rules not governed
by the City Charter or Code may be temporarily suspended by the affirmative
vote of a majority of the quorum present.
2.14 Amendment of Rules. These rules may be amended, or new rules
adopted by the affirmative vote of a majority of the quorum present, provided that
the proposed amendments or new rules shall have been introduced before the City
Council at a prior Council meeting.
3. CODE OF CONDUCT
3.1 Council Members.
(a) Council members shall conduct business of the City in a
reasonable and respectful manner and shall refrain from indulging
in personal attacks, using offensive language, and making
derogatory remarks.
(b) During Council meetings, Council members shall preserve order
and decorum and shall neither by conversation or otherwise delay
or interrupt the proceedings nor refuse to observe the rules of the
Council.
(c) A Council member, once recognized, shall not be interrupted while
speaking unless called to order by the Mayor or presiding officer,
unless a point of order is raised by another member or the
parliamentarian, or unless the speaker chooses to yield to questions
from another member. If a Council member is called to order
Council Rules of Procedure
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while he or she is speaking, he or she shall cease speaking
immediately until the question of order is determined. If ruled to
be in order, he or she shall be permitted to proceed. If ruled to be
not in order she or she shall remain silent or shall alter his or her
remarks so as to comply with rules of the Council.
3.2 Administrative Staff
(a) Members of the Administrative staff and employees of the City
shall observe the same rules of procedure and decorum applicable
to members of the Council, and shall have no voice unless and
until recognized by the Mayor or presiding officer.
(b) While the presiding officer shall have the authority to preserve
decorum in meetings as far as staff members and City employees
are concerned, the City Manager also shall be responsible for the
orderly conduct and decorum of all City employees under his or
her direction and control.
(c) The City Manager shall take such disciplinary action as maybe
necessary to insure that such decorum is preserved at all times by
City employees in Council meetings.
(d) All remarks and questions addressed to the Council shall be
addressed to the Council as a whole and not to any individual
member thereof.
(e) No staff member, other than a staff member having the floor, shall
enter into a discussion either directly or indirectly without
permission of the Mayor or presiding officer.
3.3 Citizens
(a) Citizens are welcome and invited to attend all meetings of the
Council, and will be admitted to the Council Chamber, or other
room in which the meeting is held, up to the fire safety capacity of
the room.
(b) All citizens will refrain from private conversations in the Chamber,
or other room, while the Council is in session.
(c) Citizens attending Council meetings shall observe the same rules
of propriety, decorum, and good conduct applicable to the
administrative staff. Any person making personal, impertinent, or
slanderous remarks, or who becomes boisterous while addressing
the Council or while attending the Council meeting shall be
removed from the room if the Sergeant at Arms is so directed by
the Mayor or presiding officer, and such person shall be barred
from further audience before the Council during that session of the
Council.
(d) Unauthorized remarks from the audience, stamping of feet,
applauding, whistles, yells, and similar demonstrations shall not be
Council Rules of Procedure
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permitted by the presiding officer, who shall direct the Sergeant at
Arms to remove such offenders from the room. In case the
presiding officer shall fail to act, any member of the Council may
move to require him or her to act to enforce the rules, and the
affirmative vote of a majority of the quorum of the Council present
shall require the presiding officer to act.
(e) No placards, banners, or signs of any kind will be permitted in the
Council Chamber except exhibits, displays, and visual aids used in
connection with presentations to the Council, provided that such
exhibits, displays, and visual aids do not disrupt the meeting.
3.4 In General
(a) Rules. Robert's Rules of Order (latest revision) shall govern in all
cases, unless Robert's Rules of Order are in conflict with the City
Charter, City ordinances, or rules of procedure hereby adopted,
provided that Section 42, "Rules Governing Debate, Rules Against
the Chair's Participation in Debates" shall not be applicable and
the Mayor or presiding officer shall have the right to participate in
debate of issues pending before the Council.
(b) Recognition by presiding officer. No person shall address the
Council without first being recognized by the presiding officer.
(c) Procedure. Each person addressing the Council shall approach
the podium and give his/her name and address in an audible tone of
voice for the records, state the subject the person wishes to discuss,
and, if representing a group, identify the group or organization the
person represents. All remarks shall be addressed to the Council as
a whole and not to any member thereof. No person other than
members of the Council and the person having the floor shall be
permitted to enter into any discussion, directly or through a
member of the Council, without permission of the presiding
officer. No question may be asked a member of the City staff
without the permission of the presiding officer.
(d) Repetitious comments prohibited. A speaker shall not present
the same or substantially the same items or arguments to the
Council repeatedly or be repetitious in presenting their oral
comments. Nothing in the foregoing precludes submission of
comments to the City Council in writing, for such action or non -
action as the Council, in its discretion, may deem appropriate.
(e) Spokesperson for group of persons. In order to expedite matters
and to avoid repetitious presentations, whenever any group of
persons wishes to address the Council on the same subject, it shall
be proper for the presiding officer to request that a spokesperson
be chosen by the group to address the Council, and in case
additional matters are to be presented by any other member of the
group, to limit the number of such persons addressing the Council.
Council Rules of Procedure
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(f) Charges against employees. 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.
(g) Disturbances. No person attending any Council meeting shall
delay, interrupt, or disrupt the proceedings or refuse to obey the
orders of the presiding officer. Any person making personal,
impertinent, and slanderous remarks or who becomes boisterous
while addressing the Council or while attending the Council
meeting shall be removed from the room if the Sergeant at Arms is
so directed by the presiding officer. The Chief of Police, or such
member or members of the Police Department as the presiding
officer may designate, shall be Sergeant at Arms of the Council
meetings.
(h) Communication devices. No person attending any Council
meeting shall possess a pager, cellular telephone, radiotelephone or
other device that is set in a mode to provide audible notification of
an incoming call or page. No person attending any Council
meeting shall use a cellular telephone, radiotelephone or other
telecommunication device for audible communications while the
Council meeting is in session.
4. TYPES OF MEETINGS
4.1 Regular meetings. Unless otherwise established by the City Council, the
Council shall hold its regular meetings in the Council Chamber of City Hall, 2401
Market Street, Baytown, Texas, beginning at 6:30 p.m. on:
a. the second and fourth Thursdays for the months of January through
October;
b. the second Thursday in November;
C. either:
(i) the Monday in November immediately preceding
Thanksgiving Day or
(ii) the date of the canvass of the November election,
as applicable; and
C. the second Thursday in December.
4.2 Work sessions. Work sessions shall be called by the City Clerk upon the
request of the Mayor, the City Manager, or three (3) members of the Council.
Such meetings shall be held in the Don Hullum Conference Room unless
otherwise established by the Council. In the event of a work session, the City
Clerk shall notify each member of the Council. A work session is to provide
information to the members of the Council and to allow Council to discuss the
issues presented during the work session. While members of the public are
invited to attend all work sessions, the public is not provided a right or time to
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speak on a topic during a work session, unless invited to do so by the Council.
No decision shall be made by the Council during a work session, nor shall any
vote of the Council be taken to decide a matter during a work session.
4.3 Special meetings. Special meetings of the council shall be called by the
City Clerk upon the request of the Mayor, the City Manager, or three (3) members
of the Council. In the event of a special called meeting, the City Clerk shall
notify each member of the Council.
4.4 Emergency meetings. In case of emergency or urgent public necessity,
which shall be expressed in the notice of the meeting, an emergency meeting may
be called by the Mayor, the City Manager, or three (3) members of the Council,
and it shall be sufficient if the notice is posted in accordance with Chapter 551,
Texas Government Code (Open Meetings Act), as amended.
4.5 Notice of Meetings. The agenda for all meetings, including Council
committee or subcommittee meetings, shall be posted by the City Clerk on the
City's official bulletin board and on the City's website, and notice of all meetings
shall be given by the City Clerk pursuant to the requirements of the Texas Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
5. PRESIDING OFFICER AND DUTIES
5.1 Presiding Officer. The Mayor, or in the absence of the Mayor, the
Mayor Pro Tem, shall preside as chairman, or presiding officer at all meetings of
the Council. In the absence of both the Mayor and Mayor Pro Tem, and with a
quorum being present, the Council shall elect a temporary presiding officer.
5.2 Call to order. The meetings of the Council shall be called to order by the
Mayor, or in the Mayor's absence, the Mayor Pro Tem, and in the absence of both
the Mayor and Mayor Pro Tem, the meeting shall be called to order by the City
Clerk.
5.3 Preservation of order. The presiding officer shall (i) preserve order and
decorum, (ii) prevent insulting references to Council members, impugning of
other member's motives, and repetitious comments and (iii) confine remarks to
the question under discussion. The presiding officer shall call upon the Sergeant
at Arms as necessary to enforce compliance with the rules contained herein.
5.4 Substitution for Chair. The Mayor may call upon the Mayor Pro Tem,
or if he or she is unavailable, then any other member to take his or her place, for a
portion of a meeting, such substitution is not to continue beyond adjournment.
5.5 Points of Order. The presiding officer shall determine all points of
order, subject to the right of any member to appeal to the Council. If any appeal
is taken, then questions shall be, "Shall the decision of the presiding officer be
Council Rules of Procedure
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sustained?". If a majority of the members present vote "No", the ruling of the
chair is overruled; otherwise, it is sustained.
5.6 Questions to be Stated. The presiding officer shall state all questions
submitted for a vote and announce the result. A roll call shall be taken upon the
request of any member.
5.7 Call for Recess. The presiding officer may call for a recess of up to
fifteen minutes at regular intervals of approximately one hour at appropriate
points in the meeting agenda, or if requested by any two members.
5.8 Votes. Council members shall clearly indicate their vote on each matter
submitted to a vote.
6. ORDER OF BUSINESS
6.1 Agenda. The order of business of each regular and special meeting
shall be as contained in the agenda prepared by the City Manager. The agenda
shall be a listing by topic of subjects to be considered by the Council. Placement
of items on the agenda shall be governed by this Section. Conduct of business at
special meetings and council committees and subcommittees will likewise be
governed by an agenda and the rules of procedure contained herein.
The agenda for each regular and special meeting of the City Council is
determined as follows:
(a) All items to be included on the agenda must be submitted to the
City Manager's Office, the City Attorney's Office and the City
Clerk's Office on or before 4:00 p.m. on the tenth day preceding
the meeting.
(b) The City Manager, or the Mayor, or three Council Members must
grant approval for an item to be included on the agenda.
(c) An item may not be reconsidered by the Council if the item has
been previously considered and voted on by the Council within
the preceding six months, unless the Council, by majority vote,
waives this restriction as to the item.
The agenda order set out is the desired order for conducting the business of the
City Council of the City of Baytown in regular and special meetings. When the
best interest of the Council and the citizens of the City require, any item appearing
on the agenda shall be considered out of order as shall be determined by the
presiding officer in his/her sole discretion.
6.2 The order for the agenda shall be as follows unless the Mayor or
City Manager determines that a different order is in the best interest of the City
Council and/or the citizens of the City:
Council Rules of Procedure
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(a) Call to order.
(b) Announcement of quorum. (The presiding officer shall announce
whether a quorum is present.)
(e) Pledge of Allegiance/Invocation.
(d) Approval of minutes. (The minutes of the previous meeting(s) of
the City Council shall be submitted to the Council for approval or
correction and approval.)
(e) Citizen Communications.
I. Items not on the agenda (5 minutes per speaker).
a. Any citizen who desires to address Council on a
matter not included on the agenda may do so at this
time provided the person has complied with
subsection I.c of this section. Council requests that
prior to appearing before Council, the citizen make
every attempt to resolve the problem through
administrative channels.
b. The five-minute limit may be extended by a
majority vote of the Council. Council reserves the
privilege to make inquiries of the citizen at the end
of his/her presentation. As this is an information -
gathering period for Council, all inquiries, requests,
etc., will be referred to the administration for
processing, and a response to the citizen will be
made at a later date.
C. To provide an efficient and orderly process to
handle citizen communications and to provide
notice to the public of each item to be discussed
during the Council meeting, each citizen desiring
to speak will be asked to complete a citizen
communication form to be provided by the City
Clerk. The form will provide a space for the
individual's name, address, telephone number, date
of requested appearance, reasons for request to
appear before Council and requested action of
Council. The form must be submitted no later than
5:00 p.m. on the day prior to the date that the
meeting is scheduled to be posted by the City
Clerk. Timely, complete requests will be included
on the agenda; however, only one citizen
communication per citizen per meeting shall be
included on the agenda.
II. Items on the agenda.
Any person desiring to address Council regarding an item
on the agenda may do so by registering on the form
provided in the hallway leading to the Council Chambers.
Council Rules of Procedure
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Each citizen's remarks will be limited to three (3) minutes,
unless the time is extended by a majority vote of the
Council.
III. A citizen requesting to address Council under either of the
above methods may pass his/her time to another person
who has requested to address Council.
(f) Public hearing.
(g) Business —Ordinances, resolution, motions, reports, and discussion
items shall be considered at this time.
(h) Consent agenda- Routine matters which require no discussion
(Any Council member may remove any item from the consent
agenda for discussion.)
(i) Appointments —Any appointment to boards, committees or
commissions shall be considered at this time.
(j) City Manager's report- The City Manager will present reports of
current problems and affairs of interest to the Council.
(k) Adjournment.
7. CONSIDERATION OF ORDINANCES, RESOLUTIONS AND MOTIONS
7.1 Printed or Typewritten Form. All ordinances and resolution shall
be presented to the Council in printed or typewritten form. The Council may, by
proper motion, amend any ordinance or resolution presented to it and direct that
the amended ordinance or resolution be adopted, except as otherwise provided by
the Charter or state law.
7.2 City Attorney to Approve. All ordinances, resolutions, and contracts
and amendments thereto shall be approved as to form by the City Attorney.
7.3 Distribution of Ordinances and Resolutions. The City Manager
shall prepare copies of all proposed ordinances and resolutions for distribution to
all members of the Council at the meeting at which the ordinance or resolution is
to be considered, or at such earlier time as is expedient.
7.4 Majority Vote Required. An affirmative vote of the majority of the
Council members present is necessary to adopt or approve any ordinance,
resolution or take any official action in the name of the City except as otherwise
provided in the Charter or by state law.
8. CREATION OF COMMITTEES, BOARDS AND COMMISSIONS
8.1 Council Committees. The Council may, as the need arises,
authorize the appointment of the "ad hoc" Council committees. Any committee
so created shall cease to exist upon the accomplishment of the special purpose for
which it was created or when abolished by a majority vote of the Council.
Council Rules of Procedure
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8.2 Citizen Boards, Commissions, and Committees. The Council may
create other committees, boards and commissions to assist in the conduct of the
operation of the City government with such duties as the Council may specify not
inconsistent with the City Charter, Code or state law. Memberships and selection
of members shall be as provided by the Council if not specified by the City
Charter, Code or state law. Any committee, board, or commission so created
shall cease to exist upon the accomplishment of the special purpose for which it
was created, or when abolished by a majority vote of the Council. No committee
so appointed shall have powers other than advisory to the Council or to the City
Manager, except as otherwise specified by the Charter, Code or state law.
8.3 Appointments.
(a) Individual City Council members making nominations for
members to citizen boards and commissions will consider
interested persons on a city-wide basis.
(b) The City Council will make an effort to be inclusive of all
segments of the community in the board and commission
appointment process. City Council members will consider
ethnicity, gender, socio-economic levels, and other factors to
ensure a diverse representation of Baytown citizens.
(c) The City Council will take into consideration an individual's
qualifications, willingness to serve, and application information in
selecting nominations for membership to each board and
commission.
(d) In an effort to ensure maximum citizen participation, City Council
members should consider a practice of nominating new citizens to
replace board members who have served three consecutive, full
terms on the same board.
8.4 Rules of Procedure. Each board, commission, and committee of the City
shall adopt Rules and Procedures for the conduct of business and matters that may
come before them. Such rules and procedures shall be consistent with the rules
and procedures set forth herein. In the alternative, the board, commission or
committee may use these Rules and Procedures, as applicable.
RAKaren Homer\Documents\Files City Council Rules of Procedure\Rules of Procedure Possible Amendments 05132021.doc