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Resolution 2003-20 J RESOLUTION NO. 2003-20 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ADOPTING RULES OF PROCEDURE FOR THE CONDUCT OF ITS MEETINGS; AND REPEALING ALL OTHER RESOLUTIONS OR PARTS OF RESOLUTIONS INCONSISTENT OR IN CONFLICT HEREWITH. * * * * * BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY WYLIE, TEXAS: Section 1. The following rules of procedure shall govern all meetings and proceedings of the City Council of the City of Wylie, and the conduct of all members and other persons in attendance at such meetings. Rule 1. Meetings. Regular and Special (A) The City Council shall meet in the Council chambers of the City hall on the second and fourth Tuesdays of each month, commencing at 6:00 p.m. In the event a Tuesday falls on a holiday, the meeting for that day shall be rescheduled as determined by Council. Any meeting of Council may be recessed from hour to hour for a period of time not to exceed 24 hours, by an affirmative vote of 4 or more members of Council present at such meeting, and such recessed meeting shall be held without further posted notice. (B) Other special meetings shall be held on the call of the Mayor or of four (4) or more Council members. The agenda for such meetings shall be established at the discretion of those calling the meeting. (C) Items may be added to an agenda at the request of two (2) or more Councilmembers. Rule 2. Chairman and Call to Order The Mayor, or in his/her absence the Mayor Pro-Tern, shall preside at all meetings of the Council. If the Mayor and the Mayor Pro-Tern are absent, any Council member may be appointed by the Mayor or a majority of the Council to preside. At the hour of the meeting, the Mayor shall call the Council to order, and the City Secretary shall record the roll. Rule 3. Conduct of Mayor and Councilmembers Any member of the Council, including the Mayor, who fails to observe decorous and orderly behavior during a meeting, or who disturbs a meeting of Council with such disorderly conduct, is subject to being expelled from such meeting upon motion passed by 2/3 vote of the Council present at the meeting. Any member reprimanded by motion or expelled from a meeting by motion who thereafter commits another breach of decorous and disorderly behavior during a subsequent meeting shall be subject to the same power of Council to reprimand him/her, expel him/her from the meeting, or subject such member to complaint, investigation, and conviction of official misconduct. Rule 4. Handling of Question of Order All questions of order shall be decided by the presiding officer with the right of appeal of his/her decision by the City Council, and a majority of the Council members present may over-rule the decision of the chair. When the chair makes a ruling on a point of order and one of the Councilmembers states, "I appeal the ruling of the chair," or words to such effect, no other business shall be transacted until the question, "shall the ruling of the chair be sustained?" is voted on. The presiding officer shall immediately put such question to vote without debate, and, if he/she fails to do so immediately, any member of the City Council may put the question to a vote. Rule 5. Procedure for Submitting Agenda Items Any and all ordinances, resolutions or other matters, including all written data, except emergency items, to be brought before the City Council for its consideration by the Mayor or by two (2) or more members of the Council, shall be submitted to the City Secretary not later than 2:00 p.m. of the Monday, the week preceding the meeting at which the same is to be considered. Rule 6. Motion to Table Since the Council has regularly scheduled meetings, a motion to table, when carried, does not permanently defeat an ordinance, resolution, motion, or other measure. If such ordinance, resolution, motion, or other measure is tabled by a majority vote of the Council, such ordinance, resolution, motion, or other measure, if not sooner removed from the table, must be removed at the third meeting, and acted upon, even if only to place the item on the table again. Rule 7. Closing of Debate If, during debate upon any ordinance, resolution, motion or other matter before the Council, any member moves that the subject under discussion be put to a vote without further debate (and such a motion need not be seconded), the presiding officer shall immediately ask the Council, "is there any objection to proceeding to a vote on the ordinance, resolution, motion, or other measure before the Council being taken immediately?" If any member objects, the presiding officer shall immediately and without debate put the question, "shall the subject being discussed be put to a vote, without debate?" To a vote of the Council, and if a majority of the Council members present vote in favor of ordering the vote, debate on the question shall be closed and a vote on the ordinance, resolution, motion or other measure taken immediately. Resolution #2003-20 (R) City Council Rules and Procedures , 2 Rule 8. Reducing Motion to Writing All oral motions must be seconded before being put to vote by the chair (except where otherwise provided in these rules), and upon request of any other member of the Council, or Mayor, the party making any such oral motion (except a motion to order a vote on a subject being considered per rule 10 or to table, or other such procedural matter) shall reduce the same to writing, or request the City Secretary to do the same. If a motion be made by any member of the Council in writing and filed with the presiding office, it shall still require a second. Rule 9. Citizens' Right to be Heard Any citizen shall have a reasonable opportunity to be heard at any and all regular meetings of the City Council in regard to any and all matters to be considered at any such meeting, or such other matters as citizens may wish to bring to Council's attention; provided, however, any matter not posted on the agenda may not be discussed by Council, nor shall any action be taken by Council, except to indicate that the matter may be placed on a later agenda. A time shall be set aside during each Council meeting for the Council to hear from the public, such designated time not to exceed three (3) minutes per person, or six (6) minutes if the individual represents a group. The Mayor shall retain the discretion to further limit or increase this time for public comments on agenda items. Citizen comments on agenda items will be heard during the discussion of those agenda items. Citizen comments pertaining to none agenda items will be heard during the Citizen Participation portion of the meeting. Any written information brought by a citizen pertaining to agenda items or other issues must be presented to the City Secretary's Office by the Monday, the week preceding the Council Meeting so that staff and council may review the materials. Citizens attending any regularly scheduled meeting may speak before Council by completing a form and presenting it to the City Secretary prior to the beginning of such meeting. Citizens may also request to be placed on the agenda to appear before Council by making a request to the City Secretary prior to any regularly scheduled meeting. Such request must be received by the City not later than two o'clock (2:00) p.m. on the Monday preceding the next scheduled Council meeting. In addition, citizens may request a Council member to place an item on the agenda. It is the Council's goal that citizens resolve their complaints for service or regarding employees' performance at the staff level. However, it is recognized that citizens may from time to time believe it is necessary to speak to Council on matters of concern. In view of that, Council expects any citizen to speak in a civil manner, with due respect for the decorum of the meeting, and with due respect for all persons attending. Any citizen requesting to speak shall limit him or herself to matters of fact regarding the issue of concern. Personal attacks made publicly toward any citizen or city employee are not allowed. Citizens are encouraged to bring their complaints regarding employee performance through the supervisory chain of command in accordance with the City's Personnel Policies. Complaints regarding an employee's performance of duty will not be heard unless it has first been submitted in writing, a written response has been received within a reasonable period of time, and the citizen is still not satisfied with the response. Complaints regarding any matter Resolution #2003-20 (R) City Council Rules and Procedures \ 3 pending before federal, state, county or municipal court as a result of an enforcement action by a city employee or in a civil suit will not be heard. No member of the public shall be heard until recognized by the presiding officer. Any member of the public interrupting City Council proceedings, approaching the dais without permission, otherwise creating a disturbance, or failing to abide by these rules of procedure in addressing City Council, shall be deemed guilty of disrupting a meeting (section 42.5, Penal Code, Class B, Misdemeanor) and, at the direction of the presiding officer, shall be removed from Council chambers by the sergeant-at-arms or other agent designated by City Council. Any citizen shall be entitled to visit City hall, during regular business hours, and inspect all past Council meeting minutes, City audits, and the agenda to be considered by the Council in advance of the meeting and inform himself or herself as to the matters to be considered. Rule 10. Suspension of Rules of Procedure Anyone or all of these rules of procedure may be suspended in order to allow a particular consideration of a matter, provided that it does not violate the state law or home rule charter, and provided that not less than two-thirds Council members vote in favor of such suspension. Where any rule embodies a provision of state law, identically or in substance, such rule may not be suspended. Rule 11. Rules of Procedure Except where in conflict with any state law, City charter, City ordinance or the rules of procedure adopted by this resolution, the rules of procedure laid down in Robert's Rules of Order, 10th Edition, shall govern the proceedings of the City Council. Section 2. City of Wylie, Collin/Dallas/Rockwall Counties, Texas, all other resolutions or parts of resolutions inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. PASSED, APPROVED, AND RESOLVED by the City Council of the City of Wylie, Texas on this the 11th day of November, 2003. ~ John ondy ,,\\\\II1/M~y'or "", 0 F fA I '" " _, I'V 1_ " .....' .Il", ....... r(,....... ~ ..:......" .... .... /.. ~ 2 () ... ... <<' ~ .::- .. ~ e. -:. ~ [ SEAL 1 ~ : .. ~ -, i ~ "",.. .- .". .- ~ e. ..-.:-- ~ lA_e. .- " '" 'y}'. ......... ~S ,~ ""'" 1../ E It'f.- "" ," ' \" """1\\\\' Resolution #2003-20 (R) City Council Rules and Procedures 4