Resolution 2022-15 RESOLUTION NO.2022-15(R)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, REPEALING RESOLUTION 2015-11(R)
ADOPTING RULES OF PROCEDURES FOR THE BOARD OF
REVIEW; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of Wylie desires for all of its citizens to have confidence
in the integrity, independence,and impartiality of those who act on their behalf in government; and
WHEREAS,this proposed Rules of Procedure for the Board of Review sets out the guidelines by
which the Board of Review will review and act on all inquiries;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: The following rules shall govern the Board of Review:
A. Creation and appointment
The Board of Review(BOR) is created by Wylie Ordinance No.2022-01 and serves at the will of the City
Council. The BOR shall consist of five(5)regular members and two(2)alternates who will serve no more
than one (1) term of two (2) consecutive years, with the exception of the inception to achieve staggered
terms. The members will be resident citizens of the City and may not serve on any other Council appointed
Board or Commission during their term. City of Wylie employees may not serve on the Board. The BOR
members are required to complete Open Meetings Act training and receive Certificate of Completion by
the first ninety (90)days of first year appointment.
B. Powers and Duties of the Commission
In response to a complaint, the Reviewing Attorney shall issue advisory opinions and waivers on ethical
issues arising under Ordinance No. 2022-01. In response to a complaint,the BOR shall issue findings and
refer violations of Ordinance No. 2022-01 to the City Council.
C. Officers
The BOR shall select from among its members in the first meeting(and at such other times as these offices
may become vacant), a Chairperson and Vice-Chairperson to serve for a period of one (1) year. In the
absence of both the Chairperson and Vice-Chairperson,the Commission shall elect an Acting Chairperson.
D. Officers Duties
The Chairperson shall preside over all meetings and perform all duties as required by law. The Vice-
Chairperson shall assume all duties of the Chairperson in the absence of the Chairperson.
E. Quorum
A quorum shall consist of three(3)members. No matters may be handled without the presence of a quorum
and all votes shall be by a majority of members present.
F. Conflict of Interest
Should any member of the BOR feel they have a conflict of interest with an agenda item before the BOR,
they should fill out a conflict of interest form prior to the meeting and openly declare same before discussion
proceeds. The member is thereby prohibited from discussing the item or voting on the question.
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G. Abstention
Should any member of the BOR choose to abstain from voting on any question before the Commission,
where no declared conflict of interest exists,their vote shall be recorded as an affirmative vote in the official
minutes of the City of Wylie.
H. Agendas
An agenda shall be prepared by the City Manager or his/her designee for each meeting of the BOR. The
agenda shall be posted as required by law seventy-two(72)hours prior to the meeting.
I. Meetings
The BOR shall meet as necessary at 6:00 pm in the Council Chambers of the Wylie Municipal Complex,
unless noted otherwise. All meetings shall be open to the public, and the public is encouraged to attend.
The unexcused absence of any BOR member from three (3) consecutive regularly scheduled meetings,
unless excused by the BOR for good and sufficient reason as determined by the BOR, shall constitute a
resignation from the Board of Review.
All meetings shall be held in full compliance with the provision of state law, ordinances of the City, and
these rules of procedure.
J. Minutes of Meetings
Minutes of all meetings shall be kept by the City Secretary, and are subject to amendment and ratification
by the BOR at a regular meeting. The minutes of the BOR proceedings shall show the overall vote or if
absent or failing to vote, shall reflect that fact.
K. Complaint Form
Complaints shall be in writing and filed by sworn affidavit with the City Secretary in accordance with
Section 8(G)of Ordinance No.2022-01. The form shall contain a statement that must be signed and which
states that,to the best of the person's knowledge,information,and belief formed after reasonable reflection,
the information in the complaint is true. The complaint shall describe the facts that constitute the violation
of the code of conduct in sufficient detail so that the Reviewing Attorney, BOR, and the person who is the
subject of the complaint can reasonably be expected to understand the nature of any offense that is being
alleged.
L. Complaint Process
1. The City Secretary will not accept complaints or inquiries about actions that took place or became
known to the complainant more than 6 months prior to the date of the filing of the complaint.
2. The City Secretary shall notify and provide a copy of the full Complaint to the City Official who
is the subject of the Complaint,the City Attorney, the City Manager, and the Reviewing Attorney
within three (3) days from the day the complaint was filed. The notification shall include a copy
of any portion of Ordinance No. 2022-01 that is alleged to have been or that may be violated; and
the BOR's rules for dealing with complaints or inquiries.
3. Confidentiality. No City Official shall reveal information relating to the filing or processing of a
Complaint, except as required for the performance of Official duties. Documents relating to a
Complaint will be maintained by the City Secretary in accordance with applicable records retention
laws and are confidential,to the extent permitted by law.
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4. Prior to the review by the BOR,the Reviewing Attorney shall first determine:
a. If the BOR has jurisdiction over the alleged violation;and
b. If the alleged violation, if true, would or would not constitute a violation of Ordinance No.
2022-01.
M. Action of the Board
The BOR shall meet within forty-five(45)days of receiving a referral of a complaint from the Reviewing
Attorney, unless extended by the City Council. The BOR shall schedule the hearing at a time that is
reasonably convenient to both the person who submitted the complaint("Complainant")and the subject of
the complaint ("Respondent"). The BOR may alter the timeline upon the request of the Respondent for
more time to prepare.
1. The BOR may dismiss a complaint without hearing if:
a. The alleged violation is a minor or de minimis violation;
b. The complaint is, on its face, frivolous,groundless,or brought for purposes of harassment;
c. The matter has become moot because the Respondent is no longer an elected official or
Administrative Board or Advisory Board member;
d. The Respondent had obtained a waiver or an advisory opinion under Paragraph G(5)a of
Section 8 of Ordinance No. 2022-01 permitting the conduct.
e. The Respondent comes into voluntary compliance;
f. The Complainant does not appear at hearing and if, in the opinion of the board, it would be
unfair to the Respondent not to have the opportunity to examine the person.
2. If the BOR dismisses a complaint, the reason for dismissal shall be in writing, submitted to the
Complainant, and made available to the public within forty-five (45) days of considering the
complaint.
N. Hearings
The BOR shall have hearings at meetings,which are open to the public,on complaints which have not been
dismissed pursuant to paragraph G(7) of Section 8 of the Ordinance No. 2022-01. The Board shall allow
the Respondent to designate a representative if he or she wishes to be represented by someone else, to
present evidence, and to cross-examine witnesses. The BOR shall give the Complainant and the
Respondent sufficient time to examine and respond to any evidence not presented to them in advance of
the hearing if that evidence is not excluded.
Hearings will be conducted following the general guidelines listed below:
1. Introduction of agenda item by the Chairperson;
2. Report by the City Manager, City Attorney or designee;
3. Presentation by complainant;
4. Presentation by Respondent or their representative.
5. Questioning by the BOR of the Complainant; Respondent or representative,and witnesses
with information relevant to the complaint;
6. BOR query of Staff;
7. BOR discussion and action pertaining to the issue of the hearing.
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O. Evidence
Only relevant evidence and testimony will be received. All witnesses must be sworn in by the Chairperson
prior to giving testimony. Information and other physical evidence should be submitted to the Chairperson
of the Board or designee at least three (3) business days prior to the meeting. The BOR may exclude
evidence not submitted timely. Any BOR member having new factual information regarding agenda items
shall make that information known to all BOR members at least three(3)days prior to the meeting.
P. Deliberations and Findings
Deliberations on complaints are to be conducted in open session. BOR members who have not been present
for the hearing shall not participate in formulating a finding.
In determining their findings,the BOR shall:
1. Base a finding of a violation upon preponderance of the evidence.
2. Take into consideration the severity of the offense;the presence or absence of any intention to
conceal, deceive, or mislead; whether the violation was deliberate, negligent, or inadvertent;
and whether the incident was isolated or part of a pattern.
3. Have the option to issue an advisory opinion in response to a complaint, in lieu of making
findings, where deemed appropriate.
At the conclusion of a hearing in accordance with these rules promulgated under Ordinance No. 2022-01,
the BOR shall forward its findings as follows:
1. If the Board finds that the Respondent has committed a violation, the Board shall refer the
complaint and the BOR record to the City Council for further action.
2. If the Board finds that the Respondent has not committed a violation, the BOR shall dismiss
the complaint and forward its finding to the City Council.
All findings shall be in the form of a motion. A motion to approve any matter before the Board or to
recommend any action shall require a majority favorable vote of the members present. Failure of the Board
to secure a majority concurring vote to approve or recommend action shall be recorded in the minutes as a
failed motion.
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas on this 10th
day of May 2022.
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„.,--' % 1 Matthew Porter, Mayor
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