HomeMy WebLinkAbout032057 RES - 03/17/2020 1
Resolution approving revised City Council policies for City boards, committees, commissions
ad hoc committees, and task forces
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS:
Section 1. That new City Council Policy 10 is hereby adopted to read as follows:
10. GENERAL PROVISIONS FOR CITY-CREATED BOARDS/AD HOC COMMITTEES/TASK FORCES
Division 1. -Administrative Provisions
10.1.2 DEFINITIONS.
(A) "Board" means a permanent advisory or decision-making body created by the City Council.
The term does not include separate corporations filed of record with the Texas Secretary of
State.
(B) "Ad Hoc Committee" or "Task Force" means a temporary advisory body created by the City
Council.
(C) "Member" means a person authorized to serve on the Board, Ad Hoc Committee, or Task
Force.
10.1.3 APPLICABILITY.
(A) This article applies to all Boards, Ad Hoc Committees, and Task Forces, and their respective
Members except to the extent otherwise provided herein.
(B) Federal law,state law,the City Charter,and City Council ordinances and resolutions supersede
this chapter to the extent of conflict.
10.1.4 BOARDS ESTABLISHED.
(A) Each Board described is established or continued in existence by the City Council as an
advisory or decision-making body to perform specified duties.
(B) A Board established by the City Council that is to be in existence for more than three years
should be included in this chapter, unless other law conflicts with provisions of this chapter.
(C) Prior to the creation of any Board, the City Manager and City Secretary shall conduct a needs
assessment that includes mission, goals, and objectives to be achieved by the board with
deliverables (such as formal presentation/report) and fiscal impact. A time frame to achieve
required outcomes must be specified. The needs assessment must state that a long-term
need exists of at least three years before formally amending code for inclusion.
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(D)The City Secretary shall maintain a list of all Boards, Ad Hoc Committees and Task Forces, and
other bodies established by council that are not included in this chapter and to which the
council or mayor appoints one or more members.
10.1.5 CREATION OF AD HOC COMMITTEE/TASK FORCE.
(A) The City Council may create an Ad Hoc Committee/Task Force to assist the City Council in its
business.
(B) The Ad Hoc Committee/Task Force shall be established by a City Council resolution or
ordinance for a specific purpose that expires upon the completion of its assigned task(s) or
according to a specified deadline.
(C) In the absence of other termination language, the Ad Hoc Committee/Task Force will expire
at the end of the appointing council's term.
10.1.6 BOARD APPOINTMENTS.
(A)All vacancies must be listed on the City Council agenda in order for Board appointments to be
made.
(B) Recommendations for Board appointments will not be solicited from the Board except for
the Commission on Children &Youth and the Committee for Persons with Disabilities.
(C) Any Council Member can nominate persons to fill vacancies, except where the law requires
nomination by the Mayor or City Manager.
(D) Each appointment must receive a majority vote of the Council Members present and voting.
10.1.7 AD HOC COMMITTEE OR TASK FORCE APPOINTMENTS.
(A) Membership for ad Hoc or task force committee shall be established in the resolution or
ordinance creating the committee. The number of members will be carefully evaluated for
the task at hand.
(B)All vacancies must be listed on the City Council agenda in order for appointments to be made.
(C) All members to City Council ad Hoc committee or task force will be appointed by the Mayor or a
majority of the Council as specified in the ordinance or resolution creating the committee.
10.1.8 QUORUM AND ACTION.
(A) Except as otherwise provided by ordinance, a majority of the total number of the Members
constitutes a quorum for the conduct of business.
(B) An action must be adopted by an affirmative vote of the majority of the quorum present and
voting.
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(C) All Members necessary to provide a quorum must be physically present at a meeting to
conduct business.
(D)An ex officio member may participate in discussions at meetings but may not vote or bring a
motion and does not count towards calculation of a quorum or any other minimum vote
count required by city code or state law.
10.1.9 STAFF SUPPORT.
(A)The City Manager shall designate a City department to provide staff support for each Board,
Ad Hoc Committee or Task Force. The City Department Director shall identify a City staff
person to provide staff support to serve as the City staff liaison to the Board/Ad Hoc
Committee/Rask Force.
(B) The City Secretary serves as liaison between Boards/Ad Hoc Committees/Task Forces and
citizens, council, and department liaisons.
Division 2.—Member Requirements
10.2.1 ELIGIBILITY REQUIREMENTS AND REMOVAL.
(A) Each Member is appointed by and serves at the pleasure of the City Council.
(B) A person must be a resident of the City to be eligible for appointment to a Board
unless an exception to the residency requirement is created by federal or state law, the City
Charter, a City ordinance, or other council action. A board member who was required to be
a resident of the City when appointed and who moves primary residence outside of the City
limits vacates the position on the date residence is moved.
(C) A person must file an application with the City Secretary to be eligible for consideration for
appointment or reappointment to a Board,Task Force, Ad Hoc Committee not later than the
14th calendar day before the date appointments are considered by City Council.Applications
filed with the Office of the City Secretary after this deadline shall not be considered by City
Council on the date appointments are considered, that date being 14 days after the
aforementioned application deadline, but will be retained for future consideration.
Applications are held for one year only.
(D) After a Member is appointed the person is not eligible to begin service until the person has
signed a written acknowledgment stating that the person:
(1) has taken the oath of office if required by State law;
(2) has received a copy of and agreed to comply with the City's Ethics Code; and
(3) has agreed to complete the training required.
(E)To maintain eligibility, a Member must:
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(1) complete the training required, including Open Meetings Act training, within 6 months of
appointment;
(2) comply with Financial Reporting, if applicable;
(3) comply with the attendance requirements; and
(4) comply with the residency requirements.
(F) Failure to comply with eligibility requirements shall result in an automatic vacancy.
(G) A person may not serve on more than one board, commission, committee or corporation
simultaneously unless: required by City Charter, statute or other ordinance; said committee
is one ad hoc committee or task force; when such service is required by virtue of the
individual's position or title as the result of employment; when such appointment involves
the Mayor or Council Members; or when such appointment involves a Type A or Type B
corporation, in which case a person may serve as a director of both a Type A and Type B
corporation, concurrently.
(H) A Member may be removed at any time with or without cause by an affirmative vote of the
majority of the City Council at a duly called meeting of the City Council.
(I) A Member may file as a candidate for nomination or election to any non-city public office.
Upon the election or appointment to a non-City public office,or upon the filing as a candidate
for position on the Corpus Christi City Council, such Member shall result in automatic vacancy
of his or her position.
(J) All appointments will be presented to the City Council by the City Secretary no earlier than
ninety (90) days before a term expires unless required by law.
(K) No appointments will be made during the period thirty(30)days prior to a city council election
and extending to the taking of office for the newly elected council.
(L) Unless otherwise required by law, a City employee may not serve as a member of a Board,
Task Force, or Ad Hoc Committee.
(M) Members serve without compensation.
10.2.2 BOARD MEMBER TERM AND LIMITATION.
(A) A Board member may serve no longer than six (6) consecutive years on the same Board.
(B) No person may be reappointed to the same Board after having been appointed to terms that
would provide for six (6) consecutive years of service as a voting member unless the person
has not served on that Board for a period of twelve (12) months.
10.2.3 TRAINING.
(A) A Member must comply with the training requirements of this section to maintain eligibility
to serve. Members shall be responsible to sign and submit a statement to the City Secretary
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verifying completion of these training requirements within 6 months of initial appointment.
A Member who does not comply with the training requirements within 6 months of initial
appointment automatically vacates the position. These training requirements do not apply
to City Council Members who are appointed to the Board/Ad Hoc Committee/Task Force.
(B) Each Member must complete a training course developed by the City Secretary. The training
shall include:
(1) Membership responsibilities;
(2) Duties of the Board/Ad Hoc Committee/Task Force;
(3) City Code of Ethics;
(4) the role of City Council and staff and the council-manager form of government;
(5) the role of advisory bodies in making recommendations and advising City Council;
(6) meeting procedures, including attendance and quorum;
(7) requirements of Texas Government Code Chapter 551 Texas Open Meetings Act;
(8) requirements of Texas Government Code Chapter 552 Texas Public Information Act; and
(98) review of Robert's Rules of Order.
10.2.4 COMPLIANCE WITH TEXAS OPEN MEETINGS ACT.
(A) Members of Boards with rule making or quasi-judicial authority are covered by the Texas Open
Meetings Act and shall comply therewith.
(B) All Members of all other Boards, Ad Hoc Committees, and Task Forces are directed to follow the
Texas Open Meetings Act.
(C) No closed meeting may be conducted except with prior approval of the City Attorney.
10.2.5 CONFLICT OF INTEREST AND RECUSAL.
(A) Members must carefully review the City Code of Ethics upon appointment.
(B) If a Member has a conflict of interest regarding any item that is presented or required to be
presented to the body for discussion or approval, the Member must (1) file a written statement
to disclose the conflict of interest to the Chair and remaining Members, (2) abstain from any
discussion on the matter with City staff or any other Members, and (3) recuse themselves from
the meeting when the item is being discussed or considered by the body.
(C) A Member may request a legal opinion from the City Attorney regarding a potential conflict
of interest.
(D) Failure of the Member to comply with the City Code of Ethics subjects the Member to an
ethics complaint filed before the Ethics Commission.
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10.2.6 PUBLIC FINANCIAL STATEMENTS.
(A) A Member who does not timely file a required public financial statement as required by the
City Code of Ethics automatically vacates the member's position.
(B) The City Secretary shall notify the nominating Council Member of a Member's failure to file
public financial statements that creates an automatic vacancy that requires a new
appointment.
10.2.7 RESIGNATION.
A Member may resign from the Board/Task Force/Ad Hoc Committee effective upon submittal
of written statement of resignation to the City Secretary. A resignation is only effective when it
is in writing and submitted to the City Secretary.
10.2.8 ATTENDANCE REQUIREMENTS AND AUTOMATIC VACATION.
(A) Unexcused absences from more than twenty-five(25)percent of regularly scheduled meetings
during a term year on the part of any Member shall result in an automatic vacancy, which
vacancy shall be promptly reported to the City Council. An absence shall be deemed
unexcused unless excused by the board, committee, or commission for good cause no later
than its next meeting after the absence. Any Member, otherwise eligible, shall not be
precluded from reappointment by reason of such automatic vacancy.
(B) The City department assigned to provide staff support shall keep attendance records and
notify the City Secretary if a Member fails to comply with attendance requirements.
(D) The City Secretary shall notify the nominating council member if a Member's attendance
record creates an automatic vacancy that requires a new appointment.
10.2.9 NO HOLDOVER AFTER RESIGNATION.
A Member who has resigned or vacated their position does not hold over.
Division 3.—Additional Procedures for Boards/Task Forces/Ad Hoc Committees.
10.3.1 AUTHORITY AND ACTION.
(A) Each Board/Task Force/Ad Hoc Committee serves only in an advisory capacity to the City
Council, unless granted specific authority, by another provision of the City Code, the City
Charter, an ordinance or resolution, or state or federal law.
(B) An individual Member may not act in an official capacity except as authorized by the
Board/Task Force/Ad Hoc Committee in a duly called meeting.
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10.3.2 SUBMITTAL OF RECOMMENDATIONS TO CITY COUNCIL.
A Board/Ad Hoc Committee/Task Force may submit its recommendations to City Council only by
utilizing the following procedure:
First, there must be approval of a Resolution of the Board/Ad Hoc Committee/Task Force at a
duly called meeting.
Second, upon passage of such Resolution, the City staff liaison shall review the Resolution for
staff evaluation and response.
Third, the Board/Ad Hoc Committee/Task Force shall review the staff response at a duly called
meeting.
After the Board/Ad Hoc Committee/Task Force reviews the staff response at a duly called
meeting, the Board/Ad Hoc Committee/Task Force may vote to 1) amend the Resolution to
include staff's comments or 2)submit the Resolution in its original form along with staff response
to the City Secretary to be forwarded to City Council for consideration for placement on City
Council agenda.
10.3.3 OFFICERS AND SUBCOMMITTEES.
(A) Each Board/Task Force/Ad Hoc Committee shall annually select from its membership a chair
and vice-chair and any additional officers deemed appropriate.
(B) A Board/Task Force/Ad Hoc Committee may form a subcommittee from its membership to
aid in carrying out its purpose. The number of Members appointed to serve on a
subcommittee must be less than the number required to make a quorum of the Board/Task
Force/Ad Hoc Committee.
(C) No Board/Task Force/Ad Hoc Committee shall appoint persons outside its membership as
advisors or to subcommittees or other accessory entities, without prior approval of the City
Council.
(D) Subcommittees meet without City staff support.
10.3.4 CREATION OF MEETING AGENDA AND MINUTES.
The following requirements apply to the meetings of all Boards/Ad Hoc Committees/Task Forces.
(A)A regular meeting schedule shall be approved by a majority of the Board/Ad Hoc
Committee/Task Force. The schedule shall be filed by the City staff liaison with the Office of
the City Secretary.
(B) Meetings will be held in meeting rooms nearest support staff whenever possible.
(C) Agendas will follow a standard one-page format.
(D) Regular times for meetings will be established, when possible, to avoid staff overtime.
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(E) Chairpersons will be advised of meeting costs involved and the need to reduce costs and
expedite meeting times when possible.
(F) Each meeting agenda shall provide for public comment.
(G)The City staff liaison shall submit a meeting agenda in person to the City Secretary at least 73
hours in advance of the meeting in order to ensure that the agenda is timely posted on the
city's on-line agenda posting system.
(H)The City Secretary shall post each meeting agenda and keep a record of meeting postings.
(I) After consulting with and receiving input from the City staff liaison, the board chair shall
approve each final meeting agenda prior to posting.
(J) Each Board/Ad Hoc Committee/Task Force shall keep and post minutes of its meetings to the
City Secretary. The minutes shall list the members in attendance; state the subject of each
agenda item; and indicate each vote, order, decision, or other action taken.
10.3.5 MEETING PROCEDURES AND RULES OF ORDER.
(A) Meetings are conducted in accordance with Robert's Rules of Order and the Texas Open
Meetings Act.
(B) Boards may adopt bylaws or other special rules of procedure, subject to final review and
approval of the City Secretary and City Attorney. Such bylaws and special rules of procedure
may not conflict with state or federal law, or the City Code. City Secretary may provide pre-
approved template for adoption.
(C)The Chair may establish rules regarding public communications during a meeting.
10.3.6 NOTICE REGARDING FAILURE TO MEET.
The City Director of the department designated by the City Manager to provide staff support shall
send written notice to the City Secretary of a failure to convene for a period of 12 months. The
City Secretary shall notify and make a recommendation to City Council on whether to continue
the Board/Ad Hoc Committee/Task Force upon receiving notice under this subsection, unless
dissolution of the board is prohibited by other law.
10.3.8 ANNUAL REVIEW REPORT.
(A) Each Board/Ad Hoc Committee/Task Force shall file a required Annual Review Report.
(B) Each calendar year, the chair must conduct a review of the Board/Ad Hoc Committee/Task
Force and prepare an Annual Review Report using the template provided by the City Secretary.
(C) The Annual Review Report must be ratified by the Board/Ad Hoc Committee/Task Force and
filed with the City Secretary and the City Manager by January 31 of each year and be distributed
to the City Council by the City Secretary.
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(D)The report must include the following:
(1) a statement of the goals and objectives for the previous calendar year;
(2) description of the actions taken in furtherance of those goals and objectives during the
previous calendar year;
(3) the number of times board met or failed to meet;and
(4)the goals and objectives for the new calendar year.
10.3.9 SUNSET REVIEW.
Every four years, the City Secretary shall conduct a sunset review of each Board/Ad Hoc
committee/Task Force and report to the City Council on the need for each board's continuation.
Section 2. That former City Council Policy 10 and City Council Policy 14 are deleted.
SECTION 3. EFFECTIVE DATE: This Resolution takes effect on final passage.
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PASSED AND APPROVED on the 111day of `' `WC,\A , 2020:
Joe McComb P\`
Roland Barrera ,& ,,
Rudy Garza /,v 1
Paulette M. Guajardo f
Gil Hernandez k..
Michael Hunter Ld. 1
Ben Molina fir!
Everett Roy
Greg Smith Ait
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta •- cComb
City Secretary - ►r
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