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05-20-2014 (City Council) Agenda Packet Wylie City Council CITY OF WYLIE NOTICE OF MEETING Council Work Session Special Called Meeting Agenda Election Canvass May 20, 2014- 5:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Rick White Mayor pro tern Keith Stephens Place 1 Nathan Scott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 Diane Culver Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordancewith Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexasgov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. WORK SESSION • Discussion of proposed Code of ethics Ordinance for Council Members and Board Members. RECESS FOR COUNCIL RECEPTION RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. May 20,2014 Wylie City Council Special Called Meeting Agenda Page 2 of 3 • Consider and act upon, Ordinance No. 2014-19 of the City of Wylie, Texas, establishing a Code of Ethics; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. INVOCATION & PLEDGE OF ALLEGIANCE CANVASS OF ELECTION • Consider, and act upon, Resolution No. 2014-14(R) declaring the results of the Official Canvass of the City of Wylie General Election of May 10, 2014. • Presentation to outgoing Council Members ISSUANCE OF CERTIFICATES TO ELECTED COUNCIL MEMBERS • Presented by Judge Terry Douglas ADMINISTRATION OF OATH OF OFFICE FOR ELECTED COUNCIL MEMBERS AND MAYOR • Presentation of Certificates of Election by Judge Terry Douglas to: o Eric Hogue - Mayor o William Whitney III, Place 5 o David Dahl, Place 6 APPOINTMENT OF MAYOR PRO TEM • Consider, and act upon, the appointment of Mayor Pro Tem for a one year term beginning May 2014 and ending May 2015. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. REGULAR AGENDA 1. Consider, and act upon, the appointment of a 2014 Board and Commissions City Council Interview Panel to conduct the May 2014 board applicant interviews. (C. Ehrlich, City Secretary) Executive Summary Each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various Wylie Boards and Commissions. These applications are received through the year until the later part of May of each calendar year. Additionally, in May of each year,the applications are compiled into appointment timeframes to allow the three Council member panel time to interview each applicant and subsequently choose a list of applicants to recommend to the full Council to serve two year terms on the various Boards. The terms are staggered so each year approximately half of the members serving on each board and commission are appointed. May 20,2014 Wylie City Council Special Called Meeting Agenda Page 3 of 3 *Proposed interview meeting dates will be Thursday, May 22"d and Thursday, May 29th from 5:30 p.m. - 8:30 p.m. each night. An alternate date of Wednesday, May 28th can be used in the event panel members are unable to attend one of the above dates. 2. Consider, and act upon, the appointment of a committee member to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. (C. Ehrlich, City Secretary) Executive Summary In 2005, the Wylie Independent School Board formed an advisory standing committee called City/School Partnerships. The committee consists of three (3) WISD Board of Trustee members and three City of Wylie Council members. The purpose of the committee is focused on discussing existing and new partnerships between the Wylie Independent School District and the City of Wylie. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article I[!, Section 13-D. ADJOURNMENT If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney from the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: CERTIFICATION I certify that this Notice of Meeting was posted on this 16th day of May, 2014 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.w lietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed ORDINANCE NO. 2014-19 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A CODE OF ETHICS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Wylie desires for all of its citizens to have confidence in integrity, independence, and impartiality of those who act on their behalf in government; and WHEREAS, this proposed Code of Ethics to define the bounds of reasonable ethical behavior by the City Council and all appointed City Offices. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS that this Ordinance be adopted in order to promote confidence in the government of the City of Wylie, and thereby enhance the City's ability to function effectively. Section 1. Definitions. In this article: Administrative Board means any board, commission, or other organized body: (1) That has, by law, final decision-making authority on matters within its jurisdiction and that is either: (a) established under the City Charter or by city ordinance, or (b) whose members are all council members or are appointed or confirmed by the City Council; or, (2) Created as a non-profit economic development corporation by the City Council under the authority of the Development Corporation Act of 1979, as amended. Advisory Board means a board, commission, or other organized body other than an Administrative Board, that was created by an act of the City Council whose members are appointed or confirmed by the City Council and are charged with making recommendations to the City Council on matters within its jurisdiction. City Official means a member of the City Council, an Administrative Board, or an Advisory Board. Economic Interest means a legal or equitable property interest in land, chattels, and intangibles, and contractual rights having a value of more than fifty thousand dollars ($50,000.00). Service by a City Official as an Officer, director, advisor, or otherwise active participant in an educational, religious, charitable, fraternal, or civic organization does not create for that City Official an "Economic Interest" in the Ordinance No. 2014-19—Code of Ethics Page 1 of 11 property of the organization. "Economic Interest" does not include the contract and/or business relationship that the City Manager, City Secretary, City Attorney and/or his law firm, and/or the Municipal Court Judges and Magistrates and/or their respective law firms have with the City." Official Action means: (1) any affirmative act (including the making of a recommendation) within the scope of, or in violation of, an Official's duties; or (2) any failure to act, if the Official is under a duty to act and knows that inaction is likely to affect substantially an Economic Interest of the Official. Review Panel means the body charged with reviewing and acting on complaints and requests for declaratory relief filed under this article. Section 2. Covered officials. The rules of ethical conduct contained below apply generally to City Officials unless otherwise specified. Section 3. Officials required to comply with both state and local law. Where a City Official's conduct is regulated by a provision of this article and a similar provision of state law, and it is possible to comply with the requirements of both, a City Official shall comply with both. Section 4. Education. The City shall provide training and educational materials to City Officials on their ethical obligations under state law and this article. Such training shall include at least one formal classroom session in each calendar year.All City Officials shall must annually attend the formal training session offered by the City or equivalent training sessions conducted by the Texas Municipal League or similar organizations. The City also shall prepare and distribute written materials on the subject to each City Official at the time of his or her election or appointment to office. Section 5. Ethical values. It is the official policy of the City that: (A) City Officials shall be independent, impartial, and responsible to the citizens of the City; (B) City Officials shall not have a financial interest, and shall not engage in any business, transaction, or professional activity, or incur any obligation that conflicts with the proper discharge of their duties for the City in the public interest. Ordinance No. 2014-19—Code of Ethics Page 2 of 11 (C) The principles of personal conduct and ethical behavior that should guide the behavior of City Officials include: 1. A commitment to the public welfare; 2. Respect for the value and dignity of all individuals; 3. Accountability to the citizens of the City; 4. Truthfulness; and 5. Fairness. (D) Under such principles of conduct and ethical behavior, City Officials should: 1. Conduct themselves with integrity and in a manner that merits the trust and support of the public; 2. Be responsible stewards of the taxpayers' resources; and 3. Take no official actions that would result in personal benefit in conflict with the best interests of the City. (E) To implement the principles of conduct and ethical behavior set out above, the City Council has determined that it is advisable to enact rules of ethical conduct to govern City Officials. It is the purpose and intent of City Council to assure a fair opportunity for all of the City's citizens to participate in government, to adopt standards of disclosure and transparency in government, and to promote public trust in government. Section 6. Rules of Ethical Conduct for City Officials. The rules of ethical conduct contained below, are intended not only to serve as a guide for official conduct, but also as a basis for discipline of City Officials who do not abide by them. (A) Appearance on behalf of private interests of others. (1) A member of the City Council shall not appear before the City Council, an Administrative Board or an Advisory Boardfor the purpose of representing the interests of another person or entity. However, a member of the City Council may, to the extent as otherwise permitted by law, appear before any such body to represent the member's own interests or the interests of the member's spouse or minor children. Ordinance No. 2014-19—Code of Ethics Page 3 of 11 (2) A City Official who is not a member of the City Council shall not appear before the body on which he or she serves for the purpose of representing the interests of another person or entity, and shall not appear before any other body for the purpose of representing the interests of another person or entity in connection with an appeal from a decision of the body on which the City Official serves. However, the City Official may, to the extent as otherwise permitted by law, appear before any such body to represent the City Official's own interests or the interests of the City Official's spouse or minor children. (B) Misuse and disclosure of confidential information. (1) It is a violation of this ethics code for a City Official to violate V.T.C.A., Penal Code, § 39.06 (Misuse of Official Information), as amended. (2) A City Official shall not disclose to the public any information that is deemed confidential under any federal, state, local law, or council rules, unless required by law. (C) Restrictions on political activity and political contributions. (1) No City Official or candidate for City Council shall meet with any employee or group of employees of the City for political campaign purposes while such employees are on duty. (2) No City Official shall, directly or indirectly, coerce or attempt to coerce any City employee to: (a) Participate in an election campaign, contribute to a candidate or political committee, or engage in any other political activity relating to a particular party, candidate, or issue; or (b) Refrain from engaging in any lawful political activity. (3) The following actions by City Officials are not prohibited by this section: (a) The making of a general statement encouraging another person to vote in an election; (b) A solicitation of contributions or other support that is directed to the general public or to an association or organization; and (c) The acceptance of a campaign contribution from a City employee. Ordinance No. 2014-19—Code of Ethics Page 4 of 11 (4) No City Official shall use, request, or permit the use of City facilities, personnel, equipment, or supplies for the creation or distribution of materials to be used in a political campaign or for any other purpose in support of a political campaign. However, meeting rooms and other City facilities that are made available for use by the public may be used for political purposes by City Officials under the same terms and conditions as they are made available for other public uses (D) Use of cell phones or electronic devices during meetings. City Officials shall refrain from using cell phones or electronic devices during a meeting unless it is for the purpose of accessing agendas and information relevant to the agenda. Cell phones shall be turned off or put on vibrate during meetings. Should it be necessary to use a cell phone, City Officials shall step out of the meeting. Text messaging, emails and other written communications shall not be sent during a meeting unless it is an emergency. (E) Use of City letterhead and logo. The City's name, letterhead and logo are not to be used for non-City business or purposes. City Officials shall not use the City letterhead or other materials for personal correspondence, in connection with non-City business such as personal fund raising for charitable causes, endorsements, or other types of personal business. Section 7. Board of Ethics. (A) Creation and appointment. There is hereby created a Board of Ethics to consist of five members and two alternates. The purpose of the Board shall be to issue advisory opinions and waivers on ethical issues arising under this article and to hear inquiries or complaints and issue findings and recommendations regarding alleged violations of this article. Prospective Board of Ethics members shall be interviewed by the entire City Council. (B) Qualifications. (1) All members must live within the city of Wylie city limits. (2) Members may not serve on any other Council appointed Board or Commission during their term on the Board of Ethics. (3) No City of Wylie employee can be on the Code of Ethics Board. Ordinance No. 2014-19—Code of Ethics Page 5 of 11 (C) Terms of appointment. No Board of Ethics member may serve more than two (2) consecutive years (with the exception of the inception to achieve staggered terms.) (D) Removal. The unexcused absence of any member of the Board of Ethics from three (3) consecutive meetings, unless the Board has excused the absence for good and sufficient reasons as determined by the Board, shall constitute a resignation from the Board. A member may be removed for inappropriate conduct before the expiration of the member's term. Before removing a member, the Board of Ethics shall specify the cause for a recommendation of removal and shall give the member the opportunity to make a personal explanation. Then the recommendation shall be brought to the City Council for an official vote by Council. If the recommendation is regarding a City Council member that member shall be exempt from the vote. E. Consultation with city attorney. The Board of Ethics may consult with the city attorney or a designee of the city attorney regarding legal issues which may arise in connection with this article and may request advisory assistance from the city attorney in conducting hearings on inquiries during any stage of the process. F. Advisory opinions and waivers. (1) Any current elected officials or board/commissions member or anyone seeking to become an elected officials or board/commissions member may submit a written request to the Board of Ethics for advisory opinions on whether any conduct by that person would constitute a violation of the Code of Ethics. The Board of Ethics shall render an advisory opinion pursuant to written rules adopted by the Board, but in no case shall the Board take longer than six (6) weeks from the time it received the request to issue an advisory opinion or to give written notice explaining the reason for delay and stating an expected issuance date. (2) Any current elected officials or board/commissions member or anyone seeking to become an elected officials or board/commissions member may submit a written request for a waiver of any provision of the Code of Ethics. The Board of Ethics is empowered to grant a waiver if it finds that the waiver will serve the best interests of the City. The Board shall issue appropriate notice of its meeting on the waiver and its meeting shall be open to the public. The Board shall Ordinance No.2014-19—Code of Ethics Page 6 of 11 either issue or deny the waiver within six (6) weeks of receiving the request. G. Complaints or inquiries to the Board of Ethics. Any person may file an official written complaint or inquiry with the Board of Ethics asking whether a current elected officials or board/commissions member has failed to comply with this code of ethics. Prior to review by the Board of Ethics, the city attorney shall first determine the following: (1) If the Board of Ethics has jurisdiction over the alleged violation, and; (2) If the alleged violation, if true, would or would not constitute a violation of this article. Subject to the rules adopted by the Council pursuant to section 7.H., the Board of Ethics shall: (1) Conduct a hearing in a meeting, which shall be open to the public on all official written complaints or inquiries which have not been dismissed pursuant to paragraph G of section 7 or resolved under paragraph F of section 7. (2) Except as otherwise provided in this article, make public written findings and recommendations, if any, on complaints or inquiries. Board findings should characterize the seriousness of the violation, if any. (3) Inform the person who is the subject of the complaint or inquiry and the person who submitted the complaint or inquiry of its findings, and recommendations; and (4) If the Board feels corrective action may be necessary, it must make its recommendations to the City Council in writing. The Board may propose actions appropriate to the finding, ranging from a recommendation that the person abstain from further action on the matter or seek a waiver, to adopting a resolution reprimanding the person. (H) Procedures for complaints or inquiries. The City Council shall adopt written rules to govern the Board of Ethics in order to create a process that is fair both to the person who submitted the complaint or inquiry and the person who is the subject of the complaint or inquiry. In addition to rules which the Board may in its discretion adopt, the rules shall: Ordinance No. 2014-19—Code of Ethics Page 7 of 11 (1) Establish time lines for all aspects of its handling of complaints or inquiries. The time lines shall be sufficiently long to enable a person who is the subject of a complaint or inquiry to have adequate time to understand the complaint or inquiry and prepare a response. The rules shall allow the Board to alter the time lines upon a request of the subject of a complaint or inquiry for more time to prepare; (2) Require the complaint or inquiry to be in writing on a form approved by the Board, to be signed, and to show the home or business address and telephone number of the person who submitted it. 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 or inquiry is true. The rules shall require the complaint or inquiry to describe the facts that constitute the violation of this Code of Ethics in sufficient detail so that the Board and the person who is the subject of the complaint or inquiry can reasonably be expected to understand the nature of any offense that is being alleged; (3) Prohibit the Board from accepting complaints or inquiries about actions that took place or became known to the complainant more than six (6) months prior to the date of filing; (4) Require the Board to notify the person who is the subject of the complaint or inquiry that a complaint or inquiry has been filed. The rules shall require the Board to provide the notification in a timely manner, but no more than five (5) days from the day the complaint or inquiry was filed. The rules shall require the notification to include a copy of the full complaint or inquiry; a copy of any portion of this article that is alleged to have been or that may be violated; and the Board's rules for dealing with complaints or inquiries; (5) Require the Board to provide the subject of the complaint or inquiry with a copy of the complaint or inquiry before it provides copies to any other parties. The rules shall recognize that distribution to the public of a complaint or inquiry prior to screening by the Board as required in below could harm the reputation of an innocent person and is contrary to the public interest; therefore, the rules shall prohibit the public release of the complaint or inquiry until the screening process in below has been completed; (6) Require the Board or a committee of the Board to meet within thirty- one (31) days of receiving a complaint or inquiry to screen the complaint or inquiry. The rules shall allow the Board to immediately dismiss a complaint or inquiry if: Ordinance No.2014-19—Code of Ethics Page 8 of 11 a. The alleged violation is a minor or de minimis violation; b. The complaint or inquiry is, on its face, frivolous, groundless, or brought for purposes of harassment; c. The matter has become moot because the person who is the subject of the complaint or inquiry is no longer an elected officials or board/commissions member; d. The person who is the subject of the complaint or inquiry had obtained a waiver or an advisory opinion under section 7.F. permitting the conduct. The rules shall require the dismissal and the reason for dismissal to be in writing and available to the public. (7) Allow the Board, at its discretion, to make a finding solely on the basis of written arguments without holding a public hearing, if it determines that there is no significant discrepancy in the facts as presented by the person filing the complaint or inquiry and the person who is the subject of the complaint or inquiry; and the Board determines that it doesn't need any additional information. However, the person charged retains the right to request a hearing, which shall be open to the public. (8) Require the Board to have hearings at meetings, which are open to the public on complaints or inquiries, which have not been dismissed pursuant to paragraph G of this section or resolved under paragraph F of this section. (9) Allow any person who is the subject of a complaint or inquiry to designate a representative if he or she wishes to be represented by someone else, to present evidence, and to cross-examine witnesses. The rules shall allow the person who submitted the complaint or inquiry and the subject of the complaint or inquiry sufficient time to examine and respond to any evidence not presented to them in advance of the hearing; (10) Require deliberations on complaints or inquiries to be conducted in closed session; (11) Allow the Board to dismiss a complaint or inquiry without a finding for or against the subject of the complaint or inquiry if the person committed the violation due to oversight and comes into voluntary compliance; Ordinance No. 2014-19—Code of Ethics Page 9 of 11 (12) Allow the Board to dismiss a complaint or inquiry if the person who submitted it does not appear at hearing and if, in the opinion of the Board, it would be unfair to the subject of the complaint or inquiry not to have the opportunity to examine the person. The rules shall, however, require the Board to schedule the hearing at a time that is reasonably convenient to both the person who submitted the complaint or inquiry and the subject of the complaint or inquiry; (13) Require the Board to base a finding of a violation upon [clear and convincing evidence]; (14) Require the Board to inform the person who submitted the complaint or inquiry and the subject of the complaint or inquiry in writing if it believes a complaint or inquiry is frivolous, groundless, or brought for purposes of harassment; (15) Prohibit members who have not been present for the hearing from participating in a recommendation; (16) Require that findings and recommendations be made only by a majority of the Board; (17) Allow the Board to consider, when it makes findings and recommendations, the severity of 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; (18) Allow the Board to issue an advisory opinion in response to a complaint or inquiry, in lieu of making findings and recommendations, where deemed appropriate by the Board. Section 8. Other Obligations. This Code of Ethics is cumulative of and supplemental to applicable state and federal laws and regulations. Compliance with the provisions of this Code shall not excuse or relieve any person from any obligation imposed by state or federal law regarding ethics, financial reporting, lobbying activities, or any other issue addressed herein. Even if a City Official is not prohibited from taking official action by this Code of Ethics, action may be prohibited by duly promulgated personnel rules, which may be more stringent. Section 9. Effective Date. This Code of Ethics shall take effect on , 2014, following its adoption and publication as required by law. Every person shall be provided reasonable opportunity to Ordinance No. 2014-19—Code of Ethics Page 10 of 11 review this Code of Ethics as a condition of their candidacy and/or application to be a City Official. Individuals seated as City Officials on the effective date of this Ordinance shall be bound by it and shall sign a written acknowledgement of receipt and understanding of this Code within 30 days of the effective date. All City Officials elected, appointed or retained following the effective date of this Code shall sign a written acknowledgement of receipt and understanding of this Code before performing any of the duties or functions of the City Official's position. Section 10. Distribution and Training. (A) At the time of application for a position of City Official, every applicant shall be furnished with a copy of this Code of Ethics. No application shall be considered complete without a signed acknowledgement of receipt and understanding of this Code by the applicant. (B) The City Attorney or City Manager as designated by the City Council shall develop educational materials and conduct educational programs for the City Officials on the provisions of this Code of Ethics, Article XI of the City Charter, and Chapters 171 and 176 of the Texas Local Government Code. Such materials and programs shall be designed to maximize understanding of the obligations imposed by these ethics laws. Section 11. Severability. If any provision of this Code is found by a court of competent jurisdiction to be invalid or unconstitutional, or if the application of this Code to any person or circumstances is found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Code which can be given effect without the invalid or unconstitutional provision or application. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 20th day of May, 2014. Eric Hogue, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary DATES OF PUBLICATION: May 28,2014 in the Wylie News Ordinance No.2014-19--Code of Ethics Page 11 of 11 7 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 20, 2014 Item Number: Canvass Department: City Secretary (City Secretary's Use Only) Prepared By: C. Ehrlich Account Code: Date Prepared: May 03, 2014 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2014-14(R) approving the results of the May 10, 2014 City of Wylie General Election. Recommendation A motion to approve Resolution No. 2014-14(R) declaring the results of the Official Canvass for the General Election of May 10, 2014 and electing Eric Hogue Mayor; William Whitney III, Council Place 5 and David Dahl, Council Place 6 to the Wylie City Council for three year terms. Discussion The unofficial results of the City of Wylie May 10, 2014 General Election, have been presented for review to the Wylie City Council and certified by the Rockwall County Elections Administrator, Glenda Denton. Council is requested to review the results and take formal action to approve the totals with the proposed Resolution. Pagel oft STATE OF TEXAS § CANVASS OF THE CITY OF WYLIE GENERAL ELECTION COUNTY OF ROCKWALL § May 10, 2014 I, Glenda Denton,the undersigned Elections Administrator of Rockwall County, do hereby certify that I have made the actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots. I,therefore, make the following findings from the May 10, 2014, City of Wylie General Election that was held in Rockwall County,Texas. I hereby certify the results to be full,true and correct tabulation, audit and count of the votes cast in the said election. WITNESS, my hand on this the 12th day of May, 2014 s/Glenda Denton Glenda Denton Elections Administrator Rockwall County,Texas wVmxxxY REPORT JOINT CITY SCHOOL ELECTIONS UNOFFICIAL RESULTS ROCKWALLCOUNTY. TEXAS MAY lO' 2014 EARLY VOTING RUN DATE:05/10/14 0/:04 PM VOTES PERCENT VOTES PERCENT PRECINCTS COUNTED (OF 8) . . . � 0 Mayor WYLIE REGISTERED VOTERS ' TOTAL . . . . . O VOTE FOR l BALLOTS CAST ' TOTAL. . ' . . . . 2.280 Eric Hogue . � . . . . . . 298 100.00 Mayor FATE VOTE FOR l Cvuncjlmember. Place 5 NYLIE Bill Broderick 135 28,07 VOTE FOR l Lorne Megyesi . . . . . . . . 346 71.93 William Whitney 111 . . . 189 60,58 Cheryl L. Powell . . . 123 39'42 Councjlmember, Place 2 FATE VOTE FOR l Councilmember. Place G NYLJE Lance M*gyesi . . . . . . . . . 310 65.54 VOTE FOR l Steve Skipworth . . . . . . . . 103 34.46 David Dahl � . . . . . . 251 /8.93 Andres Gonzalez 67 21�07 � CounrUmember' Place 4 FATE � VOTE FOR l School Bowrd, Trustee' Place 6 ROCKWALL ISO Joe urger . . . . . . . J]O 70.08 VOTE FOR l Sheri Garber . . . . . . . . . 141 29.94 Leigh Plagens . . . . . . . . . 1.354 100.00 councilmemher. Place 6 FATE School Board, Trostee, Place 7 R0CKNALL lSD VOTE FOR l VOTE FOR l Michelle Butler . . � . . � . . 148 31.76 Leslie Latham Milder, . . . 360 21.67 Steve Herrmann. . - 318 88'24 Chad Higbee' � � � . . . . . . 434 26.13 Stephanie Adams . . . . 728 43.83 David Schwartz. , � . . � . . . 139 8.3/ Coundlmember, Place lFATE VOTE FOR l Nikki Robinson. . . . . 339 7239 Christy Schell, . . . . . . . . 128 27.41 Councilmember, Place 3FATE VOTE FOR l Jon Thatcher 322 70�15 Jim Thornhill . . . . . . . . ` 137 29.85 Mayor HEATH VOTE FOR l Lorne Ljechty ` . � � � � . . 319 100.00 City Cpunoil, Place 3 HEATH VOTE FOR I Phil K. Powell. . . . . . . . . 181 50�84 Joe 8. Chamberlain . . . . . . . 175 49.16 City Council, Place 5HEATH VOTE FOR 1 Brian P. Derry. . . . . . . . . 294 100.00 ' ' ` - SUMMARY REPORT JOINT CITY SCHOOL ELECTIONS OFFICIAL RESULTS ROCKNALL COUNTY' TEXAS MAY lO. 20I4 Rom DATE:05/1I/14 12'01 AM VOTES PERCENT VOTES PERCENT PRECINCTS COUNTED (OF h) 6 100.00 Mayor WYLlE REGISTERED VOTERS ' TOTAL 0 VOTE FOR l BALLOTS CAST ' TOTAL. 3.403 Eric Hogue 405 100.00 Mayor FATE VOTE FOR I Councilmvmber, Place 5 WYLIE Bill aruderink. . . . . . . . . 212 27.79 VOTE FOR l Lorne Megyesi . . . . � ' , . . 551 72.21 William Whitney III . . . . . . . 267 61.81 Cheryl L. Powell - . . . . . . . 165 38.19 Councilmembr, Place 2 FAT VOTE FOR l Cuuncilmember. Place 6 NYLlE Lance M^gyesi . . . . . . . . . 494 65.87 VOTE FOR l Steve Skipworth . . . . . . . . 256 34.13 David Dahl . . . . . 325 73./6 Andres Gonzalez llG 26.24 Coundlmember, Place 4FATE VOTE FOR l School Board, Trustee, Place 6 ROCKW4LL l5D Joe Burger . . . . . . ` . . . 526 70.89 VOTE FOR l Sheri Garber . . . . . . . . . 216 29.11 Leigh Plaqens . . . . . . . 1.960 100.00 Councilmember. Place FATE School Bnurd, Trostee, Place 7 RUCKNALL I3D VOTE FOR 1 VOTE FOR I Michelle Butler 229 31.16 Leslie Latham Milder, 541 21�77 Steve Herrmann. . . . . . 505 6M4 Chad Higbee, . . . 750 30.18 Stephanie Adams . . . . . . . . 1`006 4M8 David Schwartz. . . 188 7.57 CounciTmember' Place l FATE VOTE FOR I Nikki KobYosun. . . . . . . . . 534 73.25 Christy Schell. . . . . . . . . 28 26.75 Councilmember, Place 3FATE VOTE FOR 1 Jun Thatcher . . . . . . . . . 508 70.36 Jim Thornhill . . . . . . . . . 214 29.64 Mayor HEATH VOTE FOR 1 ' Lorne Liechty . . . . . . 491 100.00 City Council, Place 3 HEATH VOTE FOR l Phil R. Powell. . . . . . . . . 273 49.10 Joe B. Chamberlain . . . . . . . 283 50.90 City Council, Place 5HEATH VOTE FOR l Brian P. Berry. . . . . . . . . 449 100.00 Unofficial Summary of Votes Cast Wylie General Election Mayor and Places 5 & 6 MAY 10, 2014 GENERAL ELECTION EARLY VOTING & ELECTION DAY COMBINED Position Candidate Name Total Place: Eric Ho a 4U5; 100% Place 5 William Whitney III 267 61.81%© Place 4 Cheryl L.Powell 165' 38.19% Place 6 David Dahl 326 73.76% Place 6 Andres Gonzalez 116 26.24% COMBINED ELECTION DAY & EARLY VOTING BALLOTS CAST: 442 PERCENTAGE OF REGISTERED VOTERS: 1.97% TOTAL NUMBER OF REGISTERED VOTERS: 22,428 RESOLUTION NO. 2014-14(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DECLARING THE RESULTS OF THE CANVASS FOR THE ELECTION RETURNS OF THE GENERAL ELECTION OF MAY 10, 2014 FOR THE PURPOSE OF ELECTING A MAYOR AND TWO MEMBERS OF THE WYLIE CITY COUNCIL, PLACES 5, AND 6 FOR A TERM OF THREE YEARS. WHEREAS,the City Council of the City of Wylie,Texas(City)held a General Election on May 10, 2014. for the purpose of electing a mayor and two members of the Wylie City Council for a term of three years; and WHEREAS, a Canvass of the General Election including the returns was conducted on. May 20, 2014; and WHEREAS, it was found that the persons herein named received the following votes for said term of office on the Wylie City Council of the City of Wylie, Texas: Mayor Eric Hogue received 405 or 100% of the votes cast. Council Place 5, William Whitney III received 267 or 61.81% of the votes cast. Cheryl L. Powell received 165 or 38.19% of the votes cast. Council Place 6, David Dahl received 326 or 73.76% of the votes cast. Andres Gonzalez received 116 or 26.24% of the votes cast. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2 Eric Hogue is hereby declared to be elected as Mayor. SECTION 3. William Whitney III is hereby declared to be elected as Council Member Place 5. SECTION 4. David Dahl is hereby declared to be elected as Council Member Place 6. SECTION 5. The Wylie City Council hereby finds and determines, as a result of the Canvass, held on May 20, 2014,. that a combined Election Day and Early Vote total of 442 votes Resolution No. 2014-1.4(R) Canvass of the General Election for May 10,2014 were cast in the General Election, with 318 early votes cast, as indicated by the poll list for the General Election held on May 10, 2014. SECTION 6. It is hereby declared that the City of Wylie approves and accepts the results of the General Election for the Mayor and Council Places 5 and 6 as set forth in the Order attached hereto as"Exhibit A",as determined by the majority vote of the qualified voters of the City of Wylie. SECTION 7. This Resolution will become effective immediately upon its passage by the Wylie City Council. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 20th day of May, 2014.. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2014-14(R) Canvass of the General Election for May 10,2014 EXHIBIT "A" RESOLUTION NO. 2014-02(R) RESOLUCION NO. 2014-02 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN, DALLAS AND ROCKWALL COUNTIES, TEXAS, ORDERING THE GENERAL ELECTION TO BE ADMINISTERED BY THE ROCKWALL COUNTY ELECTIONS ADMINISTRATOR ON MAY 10, 2014,FOR THE PURPOSE OF ELECTING THE POSITIONS OF MAYOR AND TWO (2) MEMBERS, (PLACE 5 AND PLACE 6), TO THE WYLIE CITY COUNCIL, TO HOLD OFFICE FOR A PERIOD OF THREE (3) YEARS; DESIGNATING LOCATIONS OF POLLING PLACES; DESIGNATING FILING DEADLINES; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION; AND APPOINTING ELECTION JUDGES. UNA RESOLUCION DEL CONCILIO DE LA CIUDAD DE WYLIE, CONDADOS DE DALLAS Y ROCKWALL, TEXAS, ORDENANDO LA ELECCION GENERAL QUE SE LLEVARA ADMINISTRADA POR EL ADMINISTRADOR DE ELECCIONES DEL CONDADO DE ROCKWALL EL DIA 10 DE MA YO, 2014, CON EL PR OPOSITO DE ELEJIR LA POSICIONDE ALCALDE Y DOS (2) MIEMBROS, (LUGAR 5 Y LUGAR 6), PARA EL CONCILIO DE LA CIUDAD DE WYLIE PARA MANTENER EL PUESTOPOR UNPERIODO DE TRES A1VOS;DESIGNAR LOCALES PARA LOS CENTROS ELECTORALES; DESIGNAR FECFIA DE TERMINACION PARA REGISTRACION; ORDENAR QUE SE DEN NOTIFICACIONES DE ELECCION COMO PRESCRITO POR LA LEY EN CONEXION CON TAL ELECCION; Y DESIGNANDO JUECES DE ELECCION. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: AHORA, POR LO TANTO, SEA RESUELTO POR EL CONCILIO DE LA CIUDAD DE WYLIE, TEXAS, QUE: SECTION 1: An election is hereby ordered to be held on Saturday, May 10, 2014, for the purpose of electing the Mayor and (2) Council Members to fill the following expiring terms on the Wylie City Council; Place 5 and Place 6. SECCION 1: Una eleccion es por el presente ordenada que se llevara el sabado, 10 de Mayo, 2014, con el proposito de elejir de Alcalde y dos (2)miembros del Concilio para el Lugar 5 y el Lugar 6 del Concilio de la Ciudad de Wylie; cual su termino ha expirado. Resolution No.2014-14(R)-Canvass of the General Election for May 10,2014. Page 3 of 10 EXHIBIT "A" SECTION 2: The Election Day polling places where qualified voters shall cast ballots at such locations in the City of Wylie, 2014. General Municipal. Election are as follows: SECCION 2: Los locales de los centros electorales donde los votantes calificados votaran el dia de la eleccion de la Election Municipal General del 2014 de la Ciudad de Wylie,son los siguientes: Polling Places Southfork Mobile Home Park First Baptist Church of Wylie Community Clubhouse Events Center 216 Southfork Blvd. 200 N. Ballard Avenue Wylie, Texas 75098 Wylie, Texas 75098 Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election. Los Centros electorales estaran abiertos de las 7:00 a.m. a las 7:00 p.m. el dia de la eleccion. SECTION 3: Early voting by personal appearance shall be available at the Rockwall County Elections Office, 107 E. Kaufman, Rockwall, Texas, and Wylie Municipal. Complex (Library), 300 Country Club Road, Building 300, Wylie, Texas. City voters may vote at any of the additional Early voting locations open under full contract services with the Rockwall County Elections Administration. Early voting will begin on Monday, April 28, 2014. through Tuesday, May 6, 2014 during the normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on Saturday, May 3, 2014 from 8:00 a.m.to 5:00 p.m. and Monday,May 5,2014 and Tuesday,May 6,2014 from 7:00 a.m.to 7:00 p.m. Applications for ballot by mail shall be requested from and mailed to the Rockwall County Elections Administration Office, Attn: Elections Administrator, 107 E. Kaufman, Rockwall, Texas 75087. Applications for ballots by mail must be received no later than the close of business on May 1, 2014.. SECCION 3: Votacion temprana por apariencia personal sera disponible en la Oficina de Elecciones del Condado de Rockwall, 107 E.Kaufman, Rockwall, Texa y en el Centro Municipal de la Ciudad de Wylie (Biblioteca), 300 Country Club Road, Edificio 300, Wylie, Texas. Votantes de Wylie pueden votar en cualquiera de los locales adicionales de Votacion Temprana que estan abiertos bajo servicios de contrato completo con la Administration de Elecciones del Condado de Rockwall. Votacion temprana empieza el lunes, 28 de april, 2014 hasta el martes, 6 de mayo, 2014, durante las horas de trabajo normales de 8:00 a.m. a 5:00 p.m. con houas prolongadas el sabado, 3 de mayo, 2014, de 8:00 a.m. a 5:00 p.m.,y el lunes,5 de mayo, 2014 y martes, 6 de mayo, 2014 de 7:00 a.m. a 7:00 p.m. Las solicitudes para boletos de votacion por correo deben ser pedidas y enviadas por correo a Rockwall County Elections Administration Office, Attn: Elections Administrator, 107 E. Kaufman, Rockwall, Texas 75069. Solicitudes para boletos de votacion por correo deben ser recibidas a no mas Resolution No.2014-14(R)-Canvass of the General Election for May 10,2014 Page 4 of 10 EXHIBIT "A" tardar para el cierre del dia de negocio el 1 de mayo, 2014. SECTION 4: Candidates must file for a specific place and adhere to the filing deadlines accordingly. Candidate Packets are available in the City Secretary's Office. The candidate filing periods for the General. Election for the Mayor and Council Seats, Place 5 and Place 6 are as follows: SECCION 4: Candidatos deben registrarse para un lugar especifico y adherir consiguientemente a la fecha final de registracion. Paquetes para candidato estan disponibles en la Ofzcina de la Secretaria de la Ciudad. Los periodos para registracion del candidato Para la Eleccion General para el Alcalde y los Lugares del Concilio 5 y 6 son los siguientes: General Election Filing the Mayor and Council Seats Places 5 and 6 Registracion para la Eleccion General de el Alcalde y los Lugares de Con cilios 5 y 6 Beginning: January 29, 2014 at 8:00 a.m. Ending: February 28, 2014. at 5:00 p.m. Empezando: 29 de enero, 2014 a las 8:00 a.m. Terminando:28 de febrero, 2014 a las 5:00 p.m. Candidates must file in the City Secretary's Office located at 300 Country Club Road, Building 100, Wylie, Texas 75098. Candidatos deben archivar sus paquetes en la Ofzcina de la Secretaria de la Ciudad localizada en 300 Country Club Road, Edificio 100, Wylie, Texas 75098. SECTION 5: Direct Record Electronic(DRE)voting machines shall be used in this election for early voting by personal appearance and Election Day voting. Paper ballots shall be used for early voting by mail. SECTION 1: SECCION 5:Maquinas electronicas de registracion directa para votacion seran utilizadas en esta eleccion para votacion temprana en persona y para votacion el dia de la eleccion. Boletos de papel seran utilizados para votacion temprana por correo. SECTION 2: SECTION 6: The City Secretary is hereby authorized and directed to publish and/or post,in the time and manner prescribed by law,all notices required to be so published and/or posted in connection with the conduct of this election. The election, including providing notice of the election, shall be conducted in accordance with the Texas Election Code and other applicable law, and all resident qualified and registered voters of the City shall be eligible to vote at the election. SECCIONN 6: La Secretaria de la Ciudad esta por el presente autorizada y dirigida a publican y/o anunciar la Nora y manera como prescrito por la ley, todas las notificaciones requeridas que sean publicadas y/o anunciadas en conexion con la conducta de esta eleccion. La eleccion, Resolution No.2014-14(R)-Canvass of the General Election for May 10,2014. Page 5 of 10 EXHIBIT "A" incluyendo dar aviso de la eleccion, deben ser conducidas de acuerdo con el Codigo de Eleccion de Texas y otras leyes aplicables,y todo residente calificado y registrado votante de la Ciudad debe ser elegible para votar en la eleccion. SECTION 7: The following election judges are hereby appointed: SECCION 7: Los siguientes jueces de la eleccion por la presente son designados: Early Voting: Rockwall Election Administration Votacion Temprana: Glenda Denton,Early Voting Clerk, 107 E. Kaufman, Rockwall, TX Smith Public Library Ruthie Wright, Judge, 113 N. Winding Oaks, Wylie, TX Mike Phelps,Alternate, 1001 S. Hwy. 78 #92, Wylie, TX Election Day: First Baptist Church of WylieDia de la Eleccion: Ruthie Wright, Judge, 113 N. Winding Oaks, Wylie, TX Mike Phelps,Alternate, 1001 S. Hwy. 78 #92, Wylie, TX Southfork Mobile Home Park Betty Kappelman, Judge, 1610 Boxwood Lane, Wylie, TX William Martin,Alternate Judge, 402 Hilltop Lane, Wylie, TX In the event the appointed judges/alternates are unable to execute or complete their duties for any reason,the Rockwall County Elections Administrator may identify additional alternate judges that the City Council shall appoint as soon as possible. En el evento que los jueces designados no puedan ejecutar o completar sus deberes por cualquier razors, el Administrador de Elecciones del Condado de Rockwall puede identificar jueces alternos adicionales los cuales el Concilio de la Ciudad designara tan pronto como es possible. The Mayor and the City Secretary of the City,in consultation with the City Attorney,are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Texas Election Code and any other state or federal law in carrying out and conducting the election,whether or not expressly authorized herein. El Alcalde y la Secretaria de la Ciudad, en consulta con el abogado de la Ciudad, por el presente estan autorizados y dirigidos de tomar cualquier y toda accion necesaria para estar en conformidad con las provisiones del Codigo de Eleccion de Texas y cualquier otra ley del estado o federal para llevar acabo y conducir la eleccion, aunque sea o no sea expresamente autorizado en esto. Resolution No.2014-14(R)-Canvass of the General Election for May 10,2014 Page 6 of 10 EXHIBIT "A" DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin,Dallas, and Rockwall Counties, Texas, on this the 28th day of January, 2014. DEBIDAMENTE PASADO YAPROBADO por el Concilio de la Ciudad de Wylie, Condados de Collin, Dallas,y Rockwall, Texas, este dia 28 de enero, 2014. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2014-14(R)-Canvass of the General Election for May 10,2014. Page 7 of 10 EXHIBIT "A" RESOLUTION NO. 2014-05(R) RESOL UCION NO. 2014-05(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN, DALLAS AND ROCKWALL COUNTIES, TEXAS, AMENDING RESOLUTION NO.2014-02(R),SECTION 7,TO AMEND THE ELECTION JUDGES; AND PROVIDING FOR AN EFFECTIVE DATE. UNA RESOLUCION DEL CONCILIO DE LA CIUDAD DE WYLIE, CONDADOSDE COLLIN DALLAS YROCKWALL, TEXAS, ENMENDANDO RESOLUCION NO. 2014-02(R), SECCION 7 PARA ENMENDAR LOS JUECES ELECTORALES, Y PROPORCIONAR UNA FECHA EFFECTIVA. WHEREAS,the City Council of the City of Wylie,Texas("City Council")previously adopted Resolution No.2014-02(R)ordering a general election in the City of Wylie,Texas("City")on May 10, 2014 ("Election"); and MIENTRAS QUE, el Concilio de la Ciudad de la Ciudad de Wylie, Texas ("City Council") anteriormente adopto Resolucion No. 2014-02(R) ordenando una eleccion general en la Ciudad de Wylie, Texas ("City") el 10 de mayo, 2014. ("Election"); y WHEREAS, it has come to the attention of the City Council that the Election Judge Betty Kappelman, is unable to serve as the Southfork Mobile Home Park election judge; and MIENTRAS QUE, ha venido a la atencion del Concilio de la Ciudad que la Juece Electoral Betty Kappelman, es incapaz de server como Juez Electoral de Southfork Mobile Home Park; y WHEREAS,the City Council has investigated and determined that it is in the best interest of the citizens of Wylie to amend Resolution 201.4-02(R) and appoint Priscilla Puz as the Southfork Mobile Home Park election judge to replace Betty Kappelman; and MIENTRAS QUE, el Concilio de la Ciudad ha investigado y determinado que esta en los mejores intereses de los residentes de la Ciudad de Wylie de enmendar Resolucion 2014-02(R) y designar a Priscilla Puz como Juez Electoral de Southfork Mobile Home Park para reemplazar Betty Kappelman. WHEREAS,based upon.Section 7 amended below,the City shall amend Resolution No.2014- 02(R)to identify Priscilla Puz as the replacement judge for the Southfork Mobile Home Park Election Day polling place. MIENTRAS QUE,basado sobre la Seccion 7 amendado debajo, la Ciudad debera enmendar Resolucion No.2014-02(R)para identificar Priscilla Puz como juez sustito para el lugar de votacion el Resolution No.2014-14(R)-Canvass of the General Election for May 10,2014. Page 8 of 10 EXHIBIT "A" Dia de Elecciones Southfork Mobile Home Park. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: AHORA, POR LO TANTO, SEA RESUELTO POR EL CONCILIO DE LA CIUDAD DE WYLIE, TEXAS, QUE: SECTION 1: Findings Incorporated. The findings set forth above are incorporated herein for all purposes. SECCION 1: Las conclusiones integradas.Las conclusiones exponiendas arriba son integradas para todos los propositos. SECTION 2:Amendment to Resolution.No.2014-02(R).Resolution.No.2014-02(R)is hereby amended as follows: SECCION 2: Enmendacion a Resolucion No.2011-02(R). Resolucion No.201.1-02(R)es por la presente enmendada como sigue: SECTION 7: The following election judges are hereby appointed: SECCION 7: Los siguientes jueces de la eleccion por la presente son designados: Early Voting: Rockwall Election Administration Votacion Temprana: Glenda Denton,Early Voting Clerk, 107 E. Kaufman, Rockwall, TX Smith Public Library Ruthie Wright, Judge, 113 N. Winding Oaks, Wylie, TX Mike Phelps,Alternate, 1001 S. Hwy. 78 #92, Wylie, TX Election Day: Dia de la Eleccion: First Baptist Church of Wylie Ruthie Wright, Judge, 113 N. Winding Oaks, Wylie, TX Mike Phelps,Alternate, 1001 S. Hwy. 78 #92, Wylie, TX Southfork Mobile Home Park Priscilla Puz,Judge, 106 N. Cottonbelt, Wylie, TX William Martin,Alternate Judge, 402 Hilltop Lane, Wylie, TX Resolution No.2014-14(R)-Canvass of the General Election for May 10,2014 Page 9 of 10 EXHIBIT "A" In the event the appointed judges/alternates are unable to execute or complete their duties for any reason,the Rockwall County Elections Administrator may identify additional alternate judges that the City Council shall appoint as soon as possible. En el evento que los jueces designados no puedan ejecutar o completar sus deberes por cualquier razon, el Administrador de Elecciones del Condado de Rockwall puede identificar jueces alternos adicionales los cuales el Concilio de la Ciudad designara tan pronto como es possible. The Mayor and the City Secretary of the City,in consultation with the City Attorney,are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Texas Election Code and any other state or federal law in carrying out and conducting the election,whether or not expressly authorized herein. El Alcalde y la Secretaria de la Ciudad, en consulta con el abogado de la Ciudad, por el presente estan autorizados y dirigidos de tomar cualquier y toda accion necesaria para estar en conformidad con las provisiones del Codigo de Eleccion de Texas y cualquier otra ley del estado o federal para llevar acabo y conducir la eleccion, aunque sea o no sea expresamente autorizado en esto. SECTION 3: This Resolution shall take effect immediately upon its passage. SECCION 3: Esta Resolucion surtira efecto inmediatamente sobre su pasaje. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin, Dallas and Rockwall Counties, Texas, on this the 8th day of April,2014. DEBIDAMENTE PASADO YAPROBADO por el Concilio de la Ciudad de Wylie, Condados de Collin, Dallas y Rockwall, Texas, este dia 8 de Abril, 2014. Eric Hogue,Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2014-14(R)-Canvass of the General Election for May 10,2014 Page 10 of 10 7 Wylie City Council CITY OF WYLIEAGENDA REPORT Meeting Date: May 20, 2014. Item Number: 1. Department: City Secretary (City Secretary's Use Only) Prepared By: Account Code: Date Prepared: May 3, 2014 Budgeted Amount: Exhibits: Resolution No. 2006-17(R) Subject Consider, and act upon, the appointment of a 2014 Board and Commissions City Council Interview Panel to conduct the May/June 2014 board applicant interviews. Recommendation Motion to appoint, , , and to serve on the 2014 Boards and Commissions City Council Interview Panel. Discussion Each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various Wylie Boards and Commissions. These applications are received through the year until mid-May of each calendar year. Additionally, in May/June of each year, the applications are compiled into appointment timeframes to allow the three council member panel time to interview each applicant and subsequently choose a list of applicants to recommend to the full Council to serve two year terms on the various boards. The terms are staggered so each year approximately half of the members serving on each board and commission are appointed. Pursuant to Resolution No. 2006-17(R) approved in 2006, the procedures for the interview process, allows council members, not serving on the panel, an opportunity to address questions and concerns to the panel to be asked of the applicants. The rules and procedures in Resolution 2006-17(R) comply with the Texas Open Meetings Act. The Resolution is attached for your review. Proposed interview meeting dates will be Thursday May 22, 20-14, Thursday, May 29, 2014,. and an alternate (if needed) of Wednesday, May 28, 2014 from 5:30 p.m. - 8:30 p.m. each night. Immediately following the final Thursday night interviews, the panel will deliberate on recommendations to be submitted to council at the June 10, 2014 regular meeting. This timeline for approval by June loth will allow time for each member to be sworn in at the June 24th council meeting and begin their terms on July 1, 2041. All Council members will receive the scheduled appointment list and all applications submitted prior to the interview process. Page 1 of 1 RESOLUTION NO. 2006-17(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS ADOPTING PROCEDURES FOR THE WYLIE BOARDS AND COMMISSION INTERVIEW PROCESS AND THE APPOINTMENT OF THE 2006-07 BOARDS AND COMMISSION INTERVIEW PANEL. WHEREAS,the City of Wylie has nine boards and commissions comprised of a total of 54 members serving staggered two year terms; and WHEREAS, each year the City of Wylie receives applications from residents for consideration of appointment to City of Wylie Boards and Commissions; and WHEREAS, applicants for the board and commission members are interviewed by a Selection Panel consisting of three council members; and WHEREAS, it has been deemed that guidelines be set for the Selection Panel, the application process, the interview process, and the appointment process of the City of Wylie Boards and Commissions. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1: That the City Council of the City of Wylie will appoint a three (3) member Selection Panel each year comprised of three(3) Council Members. SECTION 2: That applications and scheduling of applicants to be interviewed by the Selection Panel will be completed by the City Secretary and provided to the City Council. SECTION 3: That the interview process will be held in the City of Wylie Council Chambers and notifications of the interview dates will be posted for the public to attend. SECTION 4: That City Council can provide a series of questions to the Selection Panel for the applicants to address during their interview. SECTION 5: Recommendations by the Selection Panel will be made in open session and the recommendations will be presented to Council for discussion and approval. Resolution No.2006-17(R) Boards and Commission Interview Process DULY PASSED AND APPROVED by the Wylie City Council on this 23`d day of May 2006. John ondy, ayor ATTEST: .00111111111, O F kfr --'5 _ • SEAS Caro e Ehrlich, ecretary . ' • 1t/11111110 • Resolution No.2006-17(R) Boards and Commission Interview Process 7 Wylie City Council CITY OF WYLIEAGENDA REPORT Meeting Date: May 14, 2013. Item Number: 2. Department: City Manager (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: May 20, 2014 Budgeted Amount: Exhibits: Ordinance No. 2005-55 Subject Consider, and act upon, the appointment of a committee member to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. Recommendation Motion to appoint, to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. Discussion In 2005, the Wylie Independent School Board formed an advisory standing committee called City/School Partnerships. The committee consists of three (3) WISD Board of Trustee members and three City of Wylie Council members. The purpose of the committee is focused on discussing existing and new partnerships between the Wylie Independent School District and the City of Wylie. Pursuant to Ordinance No. 2005-55, the Subcommittee shall consist of three members, to be appointed by the Wylie City Council for the remainder of the term that said member serves on the council or until said member resigns from the Subcommittee, whichever occurs first. If a replacement has not been appointed by the City Council upon the expiration of a member's term (of office), that member shall not continue his/her membership until replaced. Current members serving on the sub-committee are: WISD Trustee members: Heather Leggett-Chairperson, Tom Westhora-Trustee, and Mitch Herzog-Trustee. Current City Council members are: Mayor Eric Hogue, Councilman Keith Stephens and Council member Nathan Scott. Also in attendance are: WISD Committee facilitator David Vinson and City of Wylie facilitator City Manager Mindy Manson. Mayor Hogue's term has expired with his re-election to the Wylie City Council and therefore the sub-committee position must be re-appointed. Staff is requesting this position on the subcommittee be filled by appointment of Mayor Hogue or another council member to serve in this capacity. Page 1 of 1 ORDINANCE NO. 2005-55 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING, ESTABLISHING AND APPOINTING THE CITY COUNCIL SUBCOMMITTEE FOR WISD RELATIONS; PRESCRIBING THE PURPOSE, COMPOSITION, FUNCTION, DUTIES, AND TENURE OF EACH SUBCOMMITTEE MEMBER; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), has investigated and determined that it will be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its citizens to create a City Council Subcommittee for WISD Relations, as set forth below; and WHEREAS, the City Council desires to prescribe the purpose, composition, function and duties of said Subcommittee; and WHEREAS, the Board of Trustees of the Wylie Independent School District ("WISD") has established a similar subcommittee of its members to work with the City's subcommittee ("WISD Subcommittee"); and WHEREAS, the City Council desires to appoint members to the Subcommittee and prescribe the duties and tenure for said members. 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: Establishment of Subcommittee. A. There is hereby created the City Council Subcommittee for WISD Relations (the "Subcommittee") of the City Council, and such Subcommittee shall meet with WISD representatives to work on maintaining and recommending partnerships between the City and WISD and to further a positive working relationship between the City and the WISD, and any other such functions as the City Council may direct in writing. It shall function according to the laws of the State of Texas and the provisions of this Ordinance. The Subcommittee shall serve in an advisory capacity to the City Council. B. The Subcommittee shall consist of three members, to be appointed by the City Council for the remainder of the term that said member serves on the City Council, Page 1 Ordinance No. 2005-55 Subcommittee for WISD Relations or until said member resigns from the Subcommittee, whichever occurs first. If a replacement has not been appointed by the City Council upon the expiration of a member's term, that member shall not continue his membership until replaced. C. When vacancies occur on the Subcommittee, the City Council shall appoint, by majority vote, a replacement to serve the remainder of that term. D. Each Subcommittee Member shall serve at the pleasure of the City Council and may be removed at the discretion of said Council. F. Each Subcommittee Member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the City Council. G. The Subcommittee shall keep and maintain minutes of any and all proceedings held and shall submit a written or make an oral report of such proceedings to the City Council not more than three (3) weeks following each such meeting. SECTION 3: Officers. The Subcommittee shall have a Chair and Vice-Chair whose terms shall be one (1) year. The Chair and Vice-Chair shall be elected by the members of the Subcommittee. The Chairperson shall preside over meetings. The Vice-Chair shall assist the Chair in directing the affairs of the Subcommittee. In the absence of the Chair, the Vice-Chair shall assume all duties of the Chair. SECTION 4: Duties and Responsibilities. The Subcommittee shall have the following duties and responsibilities: a. Advise and make recommendations to the City Council on matters relating to the City's relationship with WISD and on ways to maintain and develop partnerships with WISD. b. Attend meetings with the WISD Subcommittee and other designated WISD representatives. c. Any other duties requested in writing to be performed by the City Council that are consistent with the purposes of forming the Subcommittee. Page 2 Ordinance No. 2005-55 Subcommittee for WISD Relations SECTION 5: Power to Obligate and Finance. The Subcommittee shall have no power to obligate Wylie in any manner whatsoever. The Subcommittee's finances shall be handled in the same manner as any division of the City Government. SECTION 6: The City Manager shall act as facilitator to the City Council Subcommittee for WISD Relations. SECTION 7: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional 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. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 9: Effective Date. This Ordinance shall become effective immediately upon its passage and execution. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 25th day of October, 2005. JOHN MONDY, Mayor ATTEST: CAROLE EHRLICH, City Secretary Date to be published in The Wylie News— November 2, 2005 Page 3 Ordinance No. 2005-55 Subcommittee for WISD Relations