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Ordinance 2019-291 1 1 ORDINANCE NO. 2019-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT OF PUBLIC TESTIMONY AT MEETINGS OF THE WYLIE BOARDS, COMMISSIONS AND COMMITTEES THAT ARE SUBJECT TO THE TEXAS OPEN MEETINGS ACT; PROVIDING A REPEALING/SAVINGS CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 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 of the City of Wylie, Texas ("City Council") has long provided an opportunity for members of the public to address the City Council, in recognition of the need for governmental transparency and accountability; and WHEREAS, the City Charter of the City of Wylie, Texas ("Wylie") authorizes the City Council to prescribe rules of procedure for the conduct of meetings of all boards, commissions and committees established by the City Charter or the City Council; and WHEREAS, House Bill 2840 authorizes the City Council to adopt reasonable rules regarding the public's right to address all such boards, commissions and committees, including rules that limit the total amount of time that a member of the public may address such boards, commissions and committees on a given item; and WHEREAS, the City Council desires to adopt rules of procedure for the conduct of public testimony at such meetings in accordance with House Bill 2840. NOW, THEREFORE, BE IT ORDAINED 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 Ordinance as if fully set forth herein. SECTION 2: Rules of Procedure. The following rules of procedure shall govern all meetings of the boards, commissions and committees established by the City Charter or the City Council of the City of Wylie that are subject to the Texas Open Meetings Act (collectively, the "Boards and Commissions"), and the conduct of all members and other persons in attendance at such meetings. Right to be Heard Any member of the public shall have a reasonable opportunity to be heard at any and all meetings of the Wylie Boards and Commissions in regard to any and all matters to be considered Ordinance No. 2019-29 Adopting Rules of Procedure for Public Testimony at Board/Commission Meetings Page 1 2840034 at any such meeting, or such other matters as members of the public may wish to bring to the attention of the Board or Commission; provided, however, any matter not posted on the agenda may not be discussed by a Board or Commission, nor shall any action be taken by a Board or Commission, 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 Board or Commission meeting for the Board or Commission 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 Board or Commission meeting so that staff and the Board or Commission may review the materials. Members of the public attending a scheduled Board or Commission meeting may speak before the Board or Commission by completing a form and presenting it to the Board or Commission staff liaison prior to the beginning of such meeting. In addition, members of the public may request a Board or Commission member to place an item on the agenda. Each Board and Commission 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 City Council, Board or Commission, including criticism of any act, omission, policy, procedure, program or service. The Board or Commission 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 Board or Commission proceedings, approaching the dais without permission, otherwise creating a disturbance, or failing to abide by these rules of procedure in addressing the Board or Commission, 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 the Board or Commission. The foregoing rules of procedure shall not apply to meetings of the City Council, which are governed by a separate set of rules of procedure. In the event of a conflict between the Ordinance No. 2019-29 Adopting Rules of Procedure for Public Testimony at Board/Commission Meetings Page 2 28400�,4 1 1 1 foregoing rules of procedure and a rule, bylaw, order or other practice adopted by a board, commission or committee subject to these rules, the foregoing rules of procedure shall control and supersede any such conflicting rule, bylaw, order or other practice. SECTION 3: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and 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. All provisions of any Ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Effective Date. This Ordinance 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 Ordinance No. 2019-29 Adopting Rules of Procedure for Public Testimony at Board/Commission Meetings Page 3 2840034