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Resolution 2019-251 RESOLUTION NO. 2019-25(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING RESOLUTION NO. 2003-20(R) AND MODIFYING CERTAIN RULES OF PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS; PROVIDING A REPEALING/SAVINGS CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, in 2003, the City Council of the City of Wylie, Texas ("City Council") adopted Resolution No. 2003-20(R) to establish rules of procedure to govern all meetings and proceedings of the City Council; and WHEREAS, the Texas Legislature recently approved House Bill 2840, amending the Texas Open Meetings Act (the "Act") to establish the right of members of the public to address a governmental body subject to the Act regarding "an item on an agenda for an open meeting of the body"; and WHEREAS, the City Council has long provided an opportunity for members of the public to address the City Council, as reflected in its adopted rules of procedure, in recognition of the need for governmental transparency and accountability; and WHEREAS, House Bill 2840 authorizes the City Council to adopt reasonable rules regarding the public's right to address the City Council, including rules that limit the total amount of time that a member of the public may address the City Council on a given item; and WHEREAS, the City Council desires to amend certain provisions of the rules of procedure to conform to the language set forth in House Bill 2840 and to make other modifications that are in the best interests of the City of Wylie, Texas ("Wylie") and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: Amendment to Resolution No. 2003-20(R). The City Council hereby amends Section 1 of Resolution No. 2003-20(R) as follows: Rule 1. Meetings, Regular and Special (A) The City Council shall meet on the second and fourth Tuesdays of each month, commencing at 6:00 p.m., as required under Article III, Section 9 the City Charter. In the event a Tuesday falls on a holiday, the meeting for that day shall be rescheduled as determined by Resolution No. 2019-25(R) Amending City Council Rules of Procedure Page 1 2838293 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. 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 reprimand upon motion passed by 2/3 vote of the Council present at the meeting. Any Councilmember reprimanded 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, or subject such Councilmember to complaint, investigation, and conviction of official misconduct pursuant to applicable law. Rule 9. Right to be Heard Any member of the public shall have a reasonable opportunity to be heard at any and all meetings of the City Council in regard to any and all matters to be considered at any such meeting, or such other matters as members of the public 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 provide a statement of specific factual information given in response to an inquiry, to recite existing policy in response to an inquiry or 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; provided, however, that a member of the public who addresses the body through a translator/interpreter shall be entitled to speak for up to six (6) minutes, or twelve (12) minutes if the individual represents a group, in order to ensure that non-English speakers receive the same opportunity to address the body. The presiding officer shall retain the discretion to further limit or increase this time for public comments on agenda items. Comments from members of the public on agenda items will be heard during the discussion of those agenda items. Citizen comments pertaining to non -agenda items will be heard during the public participation portion of the meeting. Any written information brought by a member of the public pertaining to agenda items or other issues must be presented to the City Secretary's Office by the Monday of the week preceding the week of the Council meeting so that staff and Council may review the materials. Members of Resolution No. 2019-25(R) Amending City Council Rules of Procedure Page 2 2838293 the public attending scheduled Council meeting may speak before Council by completing a form and presenting it to the City Secretary prior to the beginning of such meeting. In addition, members of the public 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 member of the public to speak in a civil manner, with due respect for the decorum of the meeting, and with due respect for all persons attending. Personal attacks made publicly toward any member of the public or City employee that are prohibited by law are not allowed. Members of the public are encouraged to bring their complaints regarding employee performance through the supervisory chain of command in accordance with the City's Personnel Policies. Notwithstanding anything to the contrary herein, nothing in these rules of procedure is intended or shall be interpreted to prohibit public criticism of the Council, including criticism of any act, omission, policy, procedure, program or service. The Council or presiding officer may, however, disallow public criticism that is prohibited by law. 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 the meeting room 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 11. Procedural Guidelines The rules set forth in the most recently published edition of Robert's Rules of Order shall serve as a guide for the proceedings of the City Council, but the City Council shall not be bound to strictly comply with the Robert's Rules of Order." SECTION 3: Severability. Should any section, subsection, sentence, clause or phrase of this Resolution be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Resolution shall remain in full, force and effect. The City Council hereby declares that it would have passed this Resolution, and Resolution No. 2019-25(R) Amending City Council Rules of Procedure Page 3 2838293 each section, subsection, clause or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid. SECTION 4: Savings/Repealing. Resolution No. 2003-20 shall remain in full force and effect, save and except as amended by this or any other resolution or ordinance. All provisions of any resolution in conflict with this Resolution are hereby repealed to the extent they are in conflict. Any remaining portions of said resolution shall remain in full force and effect. SECTION 5: Effective Date. This Resolution shall take effect immediately from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 24 day of September, 2019. ATTESTED AND CORRECTLY RECORDED: Stephanie Storm, City Secretary Resolution No. 2019-25(R) Amending City Council Rules of Procedure Page 4 2838293