Resolution 2026-06 RESOLUTION NO.2026-06(R)
am� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
AMENDING RESOLUTION NO. 2022-15(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, the City Council adopted Rules of Procedure for the Board of Review in Resolution
No.2022-15(R)to set out the guidelines by which the Board of Review will review and act on all inquiries;
and
WHEREAS, the City Council finds that it is necessary to amend the Rules of Procedure as set
forth below.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: The City Council hereby amends Resolution No. 2022-15(R)as follows:
The following rules shall govern the Board of Review:
A. Creation and appointment
The Board of Review (BOR) is governed by Section 2-58 of the Code of Ordinances. The BOR members
..., are required to complete Open Meetings Act training and receive a Certificate of Completion by the first
ninety(90)days of their first year of 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 Chapter 2, Article III, Division 2 of the Code of Ordinances (Code of Conduct). In
response to a complaint referred to the BOR,the BOR shall issue findings and refer violations of the Code
of Conduct 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 the same before
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discussion proceeds. The member is thereby prohibited from discussing the item or voting on the question.
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 a negative 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 in accordance with applicable rules and provisions of the state law.
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 provisions 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 2-58(g)(1)of the Code of Ordinances.
L. Action of the Board
The BOR shall schedule a hearing required by Section 2-58(g)(5)of the Code of Ordinances 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.
I. The BOR may dismiss a complaint without hearing under the standards set forth in Section 2-
58(g)(7)of the Code of Ordinances.
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.
M. Hearings
The BOR shall have hearings at meetings,which are open to the public,on complaints which have not been
dismissed pursuant to Section 2-58(g)(7)of the Code of Ordinances. 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;
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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.
N. 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)business days prior to the meeting.
O. 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:
l. 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.
"Now
At the conclusion of a hearing in accordance with these rules promulgated under Section 2-58 of the Code
of Ordinances,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 24th
day of March 2026.
Mafthew Porter, Mayor
ATTEST TO:
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Stephanie Storm, City Secretary
TAMM
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