Sec. 2-2. - Council rules of procedure.
The following rules of procedure shall govern all meetings and proceedings of the city council:
Rule 1. Meetings Generally.
a. The city council shall conduct its regular weekly meeting in two daily sessions commencing at 1:30 p.m. on Tuesday and at 9:00 a.m. on Wednesday, respectively, of each calendar week. Each session shall be conducted in the city council chamber unless another place in the City Hall is designated by the city council. The final non-consolidated Tuesday session of each month shall take place at 5:00 p.m. Meetings shall recess at the times provided in Rule 7 and shall be subject to recess at other times as provided in subsection c, below. No notice shall be required to be given to any member of any recessed meeting. In the event that Tuesday or Wednesday, or both, of any calendar week falls on a holiday observed by the closure of city offices, then the regular weekly meeting sessions shall be rescheduled or consolidated as determined by the city council. The city council may consolidate daily sessions or reschedule any weekly meeting or daily session thereof to other days and times in the same calendar week and may for valid reasons postpone any regular weekly meeting or daily session to another week.
b. All council members shall be notified of all special meetings of the council, which notice shall be given by the city secretary or some other duly authorized representative of the city. Such notice may be either written or verbal and may be served upon each party in person or through a representative at either a residence or place of business.
c. Any meetings may be recessed for short periods of time upon majority vote of the members present.
d. The description, caption or title of each item on the agenda shall be read by the city secretary (or designee) in the city council chamber beginning not earlier than 60 minutes before the scheduled commencement time of the city council meeting session at which the agenda will be considered. The council chamber shall be open to the public at all times during the reading of the agenda.
e. At the third city council meeting following the 15th day of each month, a report by the city administration and the city controller regarding the current financial status of the city including, but not limited to, a revenue, expenditure and encumbrance report for the general fund, all special revenue funds and all enterprise funds and a report on the status of bond funds is presented. The director of finance and the city controller shall be present to answer questions about their reports at the council meeting and shall be limited to a combined time of 30 minutes. The director of finance and the city controller shall endeavor to furnish their respective reports in written form to the city secretary in sufficient time preceding the council meeting session at which the reports will be formally presented in order that copies of the reports may be distributed to the city council members among the various city council meeting preparation materials with the agenda. When the scheduled presentation of the report would occur at a time that would make it difficult to provide the written report to city council prior to presentation, such as over holiday periods, the administration may postpone the presentation of the report to the following week, provided the director of finance and the city controller mutually agree to do so. Notwithstanding such changes to the schedule, the financial report shall be presented to city council 12 times each year.
Rule 2. Order of Business.
a. The order of business for the Tuesday session of the regular weekly meeting of the city council shall be:
1. Calling the roll and marking absences.
2. Adopting and, if necessary, correcting the minutes.
3. Presentations to the city council by persons, groups or organizations regarding matters of public interest. Presentations shall be scheduled by councilmembers through the office of the mayor pro tem. The mayor pro tem shall promulgate rules regarding scheduling. No more than three presentations, each not to exceed ten minutes, shall be scheduled for any council meeting. In the event that a quorum is not present at the scheduled time of commencement of the session, the presentations shall nevertheless proceed as scheduled by the mayor pro tem, provided that no business requiring official action of the city council shall commence until a quorum is present and the roll has been called.
4. Appearances by members of the public, which out of respect to the public, shall commence promptly at 2:00 p.m. as provided in Rule 8.
5. Reserved.
b. The order of business for the Wednesday session of the regular weekly meeting of the city council shall be:
1. Reading of the descriptions, captions or titles of the agenda items by the city secretary (to begin not earlier than 60 minutes before the scheduled commencement time of the session).
2. Hearings.
3. Monthly financial and operations report (when scheduled).
4. Mayor's report
5. Consent agenda.
6. Matters removed from consent agenda.
7. Matters held.
8. Matters presented by council members.
c. The agendas posted for each regular weekly meeting of the city council shall separately specify which items will be considered at each session (the Tuesday session and Wednesday session except where the meeting is rescheduled). Unfinished business from the first daily session in any calendar week's meeting shall not be carried over to the second daily session conducted that week.
Rule 3. Consent Agenda.
The mayor may submit all new items of business as a "consent agenda," which may contain one or more ordinances, resolutions or matters incorporated in a written motion as part of the regular agenda of matters to be considered by city council. The items on the consent agenda shall be grouped by category (e.g., miscellaneous; damages; accept work; property; purchasing and tabulation of bids; resolutions and ordinances; etc.). Each item on the consent agenda shall be separately identified and designated. No item may be considered as part of the consent agenda unless it has been publicly posted and submitted to council members at least 72 hours in advance of the scheduled time for the council meeting.
In the due order of business, the mayor shall announce that the consent agenda is to be considered and voted upon by the city council. Each category, or group, of items on the consent agenda will then be considered and voted upon by a separate motion made for each group. At any time during the council meeting, prior to the announcement of the vote on a group of items within the consent agenda, any council member may request the deletion of one or more items from consideration as part of that group of items. The making of such a request shall have the effect of removing the matter from the consent agenda without any further council action, and any matter so deleted may not thereafter be considered as an item on the consent agenda. In the event that any agenda item, whether or not on the consent agenda, is not ready for council action at the time it is reached on the agenda, that item shall be placed at the end of the agenda for action by council when all other agenda items have been considered; all publicly posted agendas shall so state.
Where the accomplishment of any specific matter on the city council agenda will require the adoption of more than one ordinance, resolution or motion, all relating to the accomplishment of that same specific matter, the city secretary shall endeavor to place the related items on the agenda in consecutive order. In such cases the first of the related items will be indicated by a number, and the subsequent related items will be indicated by the letter(s) a, b, c, etc. A request by any council member to remove any one of the items so grouped on the agenda shall be deemed to constitute a request to remove all of the items that are related to the accomplishment of the same specific matter. Where the city secretary has grouped similar but unrelated items for consideration on the agenda a request to remove one item shall not be deemed to extend to the other unrelated items.
Each item so deleted from the consent agenda shall be considered immediately after the council action on the entire consent agenda. In the event that more than one item is deleted from the consent agenda, each item shall be considered individually in the order in which it originally appeared on the agenda, unless a majority of members present vote to consider one or more items out of order.
All items so deleted by the request of a council member shall be subject to any other motion or action of council, including a "tag." Prior to the consideration of any group of items within the consent agenda, the city secretary shall announce, by item number, those items that have been eliminated from the consent agenda.
Only one vote shall be taken on all items within any category, or group, remaining on the consent agenda. However, the city secretary shall record such vote as the vote on each separate item within such category or group.
Rule 4. Tag Rule.
Whenever any motion other than a procedural motion, resolution or ordinance (including a motion to amend a proposed motion, resolution, or ordinance) is presented for the first time to the city council, a council member may 'tag' such matter for a period of one week when such action will not render the subject matter moot. If a council member is marked absent for an entire council session when a matter is considered for the first time, then that council member shall have the privilege of "tagging" the new matter for a period of one week at a subsequent council meeting, provided such new matter has not previously been finally approved by the city council. A matter that is postponed to a later time on the same calendar day is still subject to tag. Debate of an item or consideration or adoption of motions relating to an item shall not preclude its being subject to a tag at the meeting when it is first presented, or by an absent member at a subsequent meeting, as provided above.
A council member may exercise a "tag" at any time before voting on the matter has been completed. However, if a roll call vote has been requested, then the "tag" must be exercised before the first member polled has cast a vote. Whenever an item is tagged, all council members desiring such tag shall be listed by the city secretary, and no tag shall be released prior to the expiration of the one-week period unless all the members so listed have given their release; an item on which all tag(s) have been released shall be reconsidered following consideration of other agenda legislation items.
A motion to approve or disapprove an appointment by the mayor is not subject to a "tag" if written notice of such appointment, including a resume of the proposed appointee, has been delivered to the offices of all council members at least 14 calendar days prior to the meeting at which an appointment is submitted to council for approval. No resume shall be required in the event of a reappointment.
In this rule, references to a "one week period" or a "period of one week" shall be construed to mean the duration of time between one regular weekly meeting of city council and the next, regardless of whether that period may be more or less than seven days.
Rule 5. Attendance at Meetings.
The council members shall attend the regular and special meetings. If any member shall be absent without just cause, the presiding officer may issue a warrant of attachment for such member to compel attendance, which warrant may be executed by any person to whom the presiding officer shall direct the warrant. The council may impose a fine of not more than $10.00 upon any member failing to attend a meeting without just cause.
Rule 6. Council Member Code of Conduct.
City council finds and determines that establishing rules of conduct for members of city council is conducive to the conduct of the affairs of the council as a governing body and to good governance. Furthermore, the city council alone is empowered by Article VII, Section 6 of the City Charter to establish standards of conduct for the members of city council and to assess appropriate discipline for failure to comply with those standards. Consistent with that authority, the city council hereby establishes the following standards of conduct and accompanying disciplinary procedures.
I. Standards of Conduct. Council members shall at all times conduct themselves in a manner consistent with the importance and dignity of their office. To that end, council members shall observe:
(1) All ethical standards of conduct stated in Chapter 18 of this Code;
(2) All requirements of the City Charter regarding conduct by members of city council, including specifically but not limited to Article VII, Section 4; and
(3) All requirements of federal law, state law, and this Code regarding the duties, responsibilities, and obligations of elected officials.
II. Disciplinary Procedure.
A. Complaints. A complaint by any council member alleging non-compliance with one or more standards of conduct by another council member shall be submitted to the city attorney or his designee and shall be in writing, dated, and either properly verified (a document will be considered properly verified when a notary executes it with the language "Signed and sworn to (or affirmed) before me on (date) by (the name of the person))" or conform to minimum state law requirements for unsworn declarations, and shall include:
(1) The name and position or title of the party or parties filing the complaint (hereinafter referred to as the complainant(s));
(2) The name and position or title of the individual(s) alleged to have violated one or more standards of conduct (hereinafter referred to as the respondent(s));
(3) The nature of the alleged violation of the standards of conduct or of other law, rule, or regulation;
(4) The specific facts or circumstances that constitute a violation of one or more of the standards of conduct, including the submission of any documentation that relates to the alleged violation (the complaint shall not contain innuendo, speculative assertions, or conclusory statements); and
(5) A statement by the complainant acknowledging that the complaint and all associated materials shall, to the extent permitted by law, be deemed confidential throughout the review process, and shall not be released to any third party by the complainant until such time the matter is brought before city council.
B. Review Panel. Notwithstanding the disciplinary procedure provided herein, the review panel shall stay its review of any complaint containing allegations that are the subject of a pending investigation or prosecution by a law enforcement agency until such time as the investigation and any prosecution thereof is completed; provided however, the review panel may proceed with its review of the complaint following its receipt of a written request from the respondent requesting that the review panel move forward with its review of the complaint.
(1) Not later than five business days after receiving the complaint, the city attorney or his designee shall forward a true and complete copy of the complaint to the respondent, the mayor pro tem, and the vice mayor pro tem.
(2) The complaint shall be reviewed by the mayor pro tem, the vice mayor pro tem, and a member of city council mutually agreed upon by the complainant and respondent (collectively referred to as the review panel); provided however, the mayor pro tem, vice mayor pro tem, or any other members of council selected or designated to serve on the review panel shall not participate in the review of a complaint which alleges he/she has violated one or more standards of conduct.
(3) If the complainant and respondent are unable to agree upon a member of city council to serve on the review panel within five business days of the receipt of the complaint, the mayor pro tem shall submit to the complainant and respondent an identical list of council members not a party to the complaint. The complainant and respondent shall each have five business days from the date of the receipt of the list to:
a. Strike not more than three names;
b. Number the remaining names in order of preference; and
c. Return the list to the mayor pro tem.
If the complainant or respondent does not return the list within the time specified, all council members named therein shall be deemed acceptable. From the names that have been approved on both lists, the mayor pro tem shall invite the acceptance of the identified council member to serve on the review panel in accordance with the designated order of mutual preference.
(4) If the complainant and respondent fail to identify a mutually agreed upon council member from the names submitted in order of preference, or if any mutually agreed upon council members identified on their respective lists is unable or unwilling to serve on the review panel, the mayor pro tem shall select a council member to serve on the review panel by an impartial means of chance.
C. Review.
(1) The review panel shall meet and conduct an initial review of the complaint and any documentation submitted therewith within five business days of its formation. The review panel shall then meet as often as necessary to review the complaint in conjunction with its receipt of any additional documentation it deems necessary and relevant in making a determination whether the complaint alleges a violation of the standards of conduct and the evidence, when viewed as a whole, establishes reasonable cause to believe there has been a violation of one or more of the standards of conduct.
(2) The mayor pro tem shall immediately forward a copy of the complaint to the Houston Ethics Commission ("ethics commission") who shall endeavor to make a determination in accordance with sub items (a) and (b) below and furnish a written report to the review panel within 30 days of its receipt of the complaint. A member of the ethics commission shall recuse oneself and abstain from participating in the review of the complaint and making a determination in accordance with sub items (a) and (b) below if the member has any conflict of interest that would preclude the member from being impartial in participating in the review of the complaint.
a. No violation. Upon the review panel's receipt of a written report from the ethics commission stating the complaint does not allege a violation of one or more of the ethical standards contained in the Chapter 18 of this Code, the review panel shall forward a copy of the written report to the complainant and respondent and cease any further inquiry and investigation of the matter as it pertains to an alleged violation of one or more of the ethics standards contained in Chapter 18 of the Code; provided however, the Review Panel shall immediately proceed with its review of the complaint to determine whether it contains any other alleged violations of the standards of conduct.
b. Possible violation. Upon the review panel's receipt of a written report from the ethics commission stating that the complaint alleges a violation of one or more of the ethical standards of conduct contained in Chapter 18 of this Code, the review panel shall forward a copy of the written report to the complainant and respondent and cease any further inquiry into the matter and take no further action pending receipt of a written report by the ethics commission whether there is reasonable cause to believe the respondent has violated one or more of the ethical standards of conduct contained in Chapter 18 of this Code.
(3) The review panel shall determine by majority vote whether the evidence, when viewed as a whole, establishes reasonable cause to believe that a violation of one or more standards of conduct has occurred. In making said determination the review panel may undertake any such inquiry as the review panel deems appropriate and necessary. Additionally, the review panel shall accept and take into consideration the receipt of a written report by the ethics commission stating whether there is reasonable cause to believe the respondent has violated one or more of the ethics standards of conduct contained in Chapter 18 of this Code. The review panel shall furnish a copy of the written report to the complainant and the respondent.
(4) The review panel shall advise the complainant and the respondent of its findings.
(5) Upon the review panel's determination that the complaint does not contain an alleged violation of the standards of conduct and the evidence, when viewed as a whole, does not establish reasonable cause to believe there has been a violation of one or more of the standards of conduct and therefore should not be considered by city council, the matter is concluded.
(6) Upon the review panel's determination that the complaint does contain an alleged violation of the standards of conduct and the evidence, when viewed as a whole, does establish reasonable cause to believe there has been a violation of one or more of the standards of conduct, the matter shall be considered by city council and the mayor pro tem shall request that the mayor present the complaint to city council by posting the same on an agenda of a meeting of the city council to be held not earlier than 20 business days following the date of the action of the review panel. If the respondent so desires, he or she may file a written response with the mayor not later than seven business days prior to the date of the council meeting. In lieu of filing a response, the respondent may within the same time frame file a written request with the mayor for and shall receive a one-time extension of two weeks (or until the next available council meeting thereafter) for initial consideration of the complaint; if such an extension is requested, the period for filing a response is likewise extended.
D. City Council Consideration. For purposes of this rule of procedure, the term city council or council members shall exclude the mayor and shall mean only those individuals who have been elected to and are currently serving on the governing body of the City of Houston, Texas as a district council member or an at-large council member pursuant to Section 2, Article V of the City Charter.
(1) The posted item for the agenda of the city council meeting to consider the complaint shall be to "Discuss, Consider, and Possibly Take Action" regarding the complaint. At the initial city council meeting, city council shall consider the complaint on its face, shall consider any response thereto, and shall hear comment or where deemed appropriate sworn testimony from the complainant(s) and from the respondent(s).
(2) If city council determines the complaint may have merit, but additional information is required to make a final decision, city council may forward the matter to a future council meeting to take additional evidence and consider further action.
(3) If city council defers action at the initial meeting at which the complaint is considered, city council shall establish a future council meeting date to resume deliberations. Pursuant to Article VII, Section 5 of the City Charter, city council may summon and compel the attendance of witnesses and the production of documents necessary to the consideration of the complaint. Following the discussion and consideration of additional evidence as city council deems appropriate, city council shall determine if the complaint is sufficient or insufficient to establish a violation of the standards of conduct. A vote of not less than two-thirds majority of council members shall be required to determine a violation of the standards of conduct has occurred.
(4) If city council determines the complaint does not establish a violation of the standards of conduct, the matter is concluded. If city council determines a violation of the standards of conduct has occurred, city council shall then determine the appropriate discipline.
E. Discipline.
(1) Upon a finding by the city council that a respondent has violated one or more of the standards of conduct, the council may, in addition to any other action taken by any agency or tribunal, assess the discipline it deems appropriate. A vote of not less than two-thirds majority of council members shall be required in determining the assessment of the appropriate discipline listed in the following progressive order of seriousness:
a. Verbal reprimand—A statement of disapproval made publicly during a meeting of city council admonishing the respondent.
b. Written letter of reprimand—A formal, written statement of disapproval memorializing the contents of a verbal reprimand which shall be read aloud at a meeting of city council and become part of city council's record of the meeting at which the written statement is read.
c. Official censure—A written letter of reprimand and other sanction(s) including:
i. Removal of council committee chairmanship(s), if applicable, and other special appointments;
ii. Removal of membership from council committee(s); and/or
iii. Suspension of participation in a designated number of city council meetings.
d. Impeachment and removal from office—The removal of a council member from office creates a vacancy which shall be filled in a manner consistent with Section 2, Article VII of the Charter and applicable state law.
(2) All discipline imposed as a result of a finding that one or more of the standards of conduct have been violated shall be in addition to any other penalty or punishment that may be imposed pursuant to federal and state law or any other applicable provision of the City Charter or this Code.
III. Implementation. Following adoption by ordinance of these standards of conduct, each current member of city council shall, within ten business days of adoption, execute an acknowledgment in a form acceptable to the city attorney stating that he/she has received and read this Code of Conduct. All newly elected members of city council shall execute a similar acknowledgment at the time of their receipt of the oath of office. All acknowledgments shall thereafter be placed in the official records of the City of Houston.
Rule 7. Recesses.
a. Regular meetings of the city council shall be in recess between the hours of 5:00 p.m. on Tuesdays and 9:00 a.m. on Wednesdays.
b. In any instance in which the city council is unable to complete the appearances by members of the public prior to the regularly scheduled 5:00 p.m. recess of the Tuesday session and there remain speakers to be heard who have timely requested to speak on identifiable items of business to be considered on the agenda for the Wednesday session, then any member of the city council may bring the matter to the attention of the mayor. In such instance, the city council may, at the discretion of a majority of the members present, either continue in session or reconvene after a dinner recess on Tuesday for such length of time as may be required to complete the public appearances of those speakers who have requested to speak on identifiable agenda items.
c. The provisions of subsection b shall not be construed to require the reconvening or continuation of the city council session to hear any speaker whose name was called in due course and who was not present in the city council chambers.
Rule 8. Appearances by Members of the Public.
a. Any citizen of the city shall have a reasonable opportunity to be heard at all regular and special meetings of the city council in regard to any and all matters to be considered at such meetings that are germane and relevant to any subject matter of city affairs or business that is within the scope of the authority and legislative functions of the city council. Such appearances by members of the public shall be scheduled to begin at 2:00 p.m. at the Tuesday session of the regular meetings of city council. The last non-consolidated Tuesday session of each month shall be scheduled for 5:00 p.m. Evening public session meetings shall not have proclamations presented. The mayor, mayor pro tem, or other presiding officer shall at all times be responsible for conducting the meeting and maintaining proper order and decorum. Any council member shall have the privilege of raising a point of order as to whether the subject matter to be heard and considered as presented by a citizen is germane and relevant to any subject matter of city affairs or business that is to be considered by city council.
Requests to appear shall be made to the office of the city secretary, and may be made in person or by mail, email, fax, telephone, or online form, provided that the request is received before the scheduled time of commencement of the city council meeting session at which public appearances will be heard. Each speaker shall provide his or her name, street address, mailing address (if different), telephone number, and a brief description (not to exceed ten words) of the intended subject matter of the citizen's remarks. The speaker's street address, mailing address (if different), and telephone number is for internal, administrative use only by city council, the city secretary's office, and city departments, and shall not be disclosed publicly, except as required by law. Speakers who have not appeared at any of the four preceding regular city council meetings shall also state whether they wish to limit their remarks to one, two or three minutes.
Speakers will be heard in accordance with the following priority:
1. Speakers who have not appeared at any of the four previous weekly city council meetings and whose intended comments as stated in their request relate to an identifiable item of business that will be considered on that week's city council agenda will be heard in the order in which their requests were received with those requesting one minute being first, those requesting two minutes being second, and those requesting three minutes being third. Each speaker shall be limited to one, two or three minutes as specified in the request to appear. The city secretary shall where possible list together and call as a group, in the order of each individual request to appear, those speakers who indicate they are speaking on the same subject and for the same length of time.
2. Thence, speakers who have not appeared at any of the four previous weekly city council meetings and whose intended comments as stated in their request do not relate to an identifiable item of business that will be considered on that week's city council agenda will be heard in the same manner as provided in item 1, above.
3. Thence, speakers who have appeared at any of the four previous weekly city council meetings will then be heard in the order in which their requests were received for no more than one minute.
Council members shall not ask speakers questions during their allotted presentation time, nor shall the council members respond to speakers during their presentations. The city council members may pose questions to any speaker about his or her presentation, either following that speaker's presentation or after all speakers have been heard. City council members having questions for a speaker shall request that the speaker remain and return for questions following presentations by all other speakers unless they believe that the questions of the speaker by all council members can be concluded in five minutes or less. In any instance in which the questioning of a speaker is commenced following the speaker's presentation and is not completed within five minutes, then the questioning shall be suspended and the speaker may be asked to return for the completion of the questioning following the presentations of the other speakers. If any speaker desires to present public charges of misconduct against a named police officer or other city employee, then the speaker shall be placed under oath. Following the presentations by all speakers the city council shall refer, where appropriate, the matters that have been raised.
b. Notwithstanding the provisions of subsection a, if the total of the times requested by speakers at any council meeting is greater than 150 minutes, the mayor shall so announce and each speaker's time shall be one minute. Furthermore, when the provisions of this subsection are invoked, the question time for city council members shall be limited to a cumulative total of one minute for each speaker, notwithstanding the provisions of this rule and rule 10 to the contrary.
c. The provisions of this subsection c shall only be applicable in an instance in which the city council has rescheduled the order of business to be conducted at any weekly meeting in such a manner that the agenda of city business that is usually conducted at the Wednesday session, or a portion thereof, will be taken up prior to the appearances by the public. In any such instance, if there is scheduled any agenda item on which one or more citizens are scheduled to be heard at that meeting, then the consideration of that agenda item will be postponed by the mayor upon the request of any council member until after the conclusion of the public speaker session at which such persons are scheduled to be heard. This rule shall not apply unless the speaker(s) on the agenda item to be postponed are scheduled to appear as of the time that the session is scheduled to commence. A speaker will be considered to be scheduled when that speaker's name has been placed on the speaker list maintained by the city secretary. Furthermore, this provision shall not apply if the postponement would render the agenda item moot.
This postponement provision shall not affect the use of, but shall be supplemental to, the tag rule; provided, however, that any tag must still be exercised on the first day on which a matter is presented to the city council, subject to the exceptions set forth in the tag rule, and the request by any council member that an item be postponed shall not prevent another council member from tagging it in lieu of its postponement hereunder. An item which has been previously tagged may nevertheless be further postponed hereunder, subject to the rule that it not thereby be rendered moot.
Rule 9. Appearances by Persons Regarding Agenda Items.
During consideration of an agenda item, the city council may, by suspension of the rules, elect to hear from or question an individual who is not seated at the council table. Suspension of the rules shall not be necessary for inquiries from city council to city officials who are present at the council table, and such persons may be questioned at the time the agenda item is being considered. For purposes of this rule "agenda item" includes any item on the published agenda or any other matter properly before city council.
Rule 10. Time Limit on Debate. [2]
Whenever individual citizens or city employees appear before the city council to speak or to present testimony relative to any item on the agenda, each council member shall limit the questions or remarks for each speaker to an initial maximum period of five minutes, including time used by the speaker to answer the council member's questions. A person answering a question shall be permitted to complete the answer, despite the expiration of the five-minute limit.
In all other deliberations by the city council, the same initial maximum period of five minutes per council member shall apply during the debate of any item on the agenda. A council member may question or remark as to each speaker, or debate any agenda item, for a second maximum period of five minutes, but only after all other council members desiring to be heard on the matter have exercised their initial opportunity for questioning, remarks or debate. Subsequent rounds may ensue in the same manner, each limited to five minutes per council member, until all questioning, remarks or debate has been completed.
During hearing of the agenda item entitled matters presented by council members' each council member shall be limited to an initial period of up to five minutes. After all council members wishing to speak have made remarks in the first round, each member who desires additional time may speak for a second period of up to five minutes. Unused time from the first round shall not carryover to the second round.
Rule 11. Readings Required of Ordinances and Resolutions.
The passage of ordinances, other than on the consent agenda, shall be by reading the same at two regular meetings by caption or title, unless a reading in full is requested by a council member; provided, however, that all ordinances that are public emergencies may be passed finally on the date of their introduction when so requested by the mayor in writing, by one reading of the caption or title thereof. This rule shall not be applicable to ordinances that are required, by virtue of their subject matter or otherwise, to be read or adopted in a different manner pursuant to applicable provisions of the Charter or state law.
Rule 12. Appeals to City Council.
Every appeal that is authorized by federal law, state law, the City Charter, or city ordinance to be made to the city council from a decision by an officer, agency, board or commission shall be reviewed by the city council, without the taking of further evidence by city council, on the basis of the record of the decision from which the appeal is taken. Consideration of appeals may be scheduled at any specific time on the agenda, irrespective of the order of business established by these rules.
The director of each department (or a designee), or the presiding officer of a board, commission or agency, or a hearing examiner (the "hearing officer"), as appropriate, shall conduct an evidentiary hearing, the record of which shall be made by a certified court reporter of any matter that may be appealed to the city council. The term "record" shall include, but is not limited to, a transcript of oral testimony, exhibits offered and considered, written or oral responses, answers or questions, and all documents reviewed or considered by a hearing examiner or officer, commission or agency, board, or department director or his designee at an evidentiary hearing.
Each presiding officer or hearing officer shall give written notice to any party appearing in an evidentiary hearing that:
(1) A court reporter is required to prepare a record in order for there to be an appeal to the city council;
(2) The party must request, in writing, the presence of a court reporter at the hearing before the hearing officer not less than 24 hours prior to such evidentiary hearing; and
(3) The party requesting the court reporter agrees to pay all costs of the court reporter, including preparation of transcript(s) for appeal to city council.
(4) Except as otherwise provided by the City Code, the party appealing to city council shall submit the complete court reporter-certified record to the city secretary as required by this Code within 60 days of the decision of the officer, agency, board, or commission whose decision or action is the basis of the appeal. Failure to submit the requested or required records within the required time period shall constitute an untimely appeal to city council and a waiver by the appealing party to an appeal before city council.
In the event that an appeal to the city council is filed by a party to a decision, the city council shall consider the appeal solely on the basis of:
(1) The written record of the hearing conducted below; and
(2) The written exceptions, if any, of each party to the proceeding to the facts and administrative rulings and decisions made by the officer, agency, board or commission.
In the event the city council finds that the record is incomplete or inadequate, the city council may refer the matter to the officer, agency, board or commission for further proceedings to complete the record. All decisions of the council on the record, other than a referral for further proceedings, as described above, shall be final and not subject to further appeal or rehearing.
Rule 13. Roll Call Vote.
A vote shall be taken by roll call at the request of any council member. A council member may not abstain or pass on any vote.
Rule 14. Questions of Order.
All questions of order shall be decided by the presiding officer, with the right of appeal to the city council, the majority of whom may override the ruling.
Rule 15. City Secretary as Clerk.
The city secretary shall be the clerk or secretary of the council, whose duty it shall be to act as reading and recording clerk to the council and to certify the correctness of the minutes and the journals and to perform such other duties as may be required by the city council and the mayor.
Rule 16. Confirmations and Approvals.
All confirmations or approvals required by the city council shall be made by a majority vote of the members present at such council meeting at the time of such confirmation or approval. It shall be assumed the council member is voting "aye" or "yes" unless he audibly votes "nay" or "no"; i.e., silence during a voice vote shall be recorded as an "aye" or "yes" vote."
Rule 17. Motions.
All oral motions must be seconded before being put by the chair and upon the request of any council member shall be reduced to writing by the party making the same. Written motions shall require no second.
Rule 18. Motion to Reconsider.
When a question has once been determined by the city council, the same question shall not again be considered until 90 days thereafter, and then only by motion to reconsider made by a member who voted with the prevailing side of such question.
Rule 19. City Council Appointments.
a. Notice to nominate. Where an appointment to a board, commission, or similar entity is decided through nomination and confirmation by the city council ("council appointment"), any member of council shall have the right to make a motion in open session of council that an item appear on the printed agenda (the "agenda") not less than seven days thereafter to consider nominations for such council appointment. At the time the motion is made, the member making the motion shall provide to those members of council present the name of the board, commission, or similar entity for which the nomination is being made, the length of the term for that position, the incumbent for that position, and the expiration date for that incumbent's term.
b. Making nominations. When the item to consider nominations for such council appointment is reached on the agenda, each council member, including the mayor, shall have the right to make one or more nominations. Where more than one council appointment to the same board, commission, or similar entity is to be voted upon, then each nomination shall be to a specified position. Each council member who makes a nomination shall, at the time of such nomination, submit to the city secretary, the mayor, and to each other council member, a resume for the nominee. If a council member fails to provide such a resume, the nomination shall be void. The resume shall include at least the nominee's full name, current residence address, current business address, residence and business telephone numbers, employment history for the preceding six years, and a record of all other public positions currently or previously held, whether elected or appointed. Neither the item to consider nominations to such council appointment or the nomination or nominations by a council member shall be subject to tag.
c. Vote on nomination. The vote on a council appointment shall be taken seven days after nominations to the council appointment are presented in open council meeting. This provision can be suspended, and the vote taken in less than seven days, if the matter is properly posted under state law. If more than one council appointment to a particular board, commission, or similar entity is being voted upon, the candidates for each position shall be voted upon separately. If no nominee for a particular council appointment receives a majority of the votes cast for that position, then council shall, by majority vote, choose between those two candidates having the greatest number of votes. In the event of a tie, the council shall vote again. If the result is again a tie, then the election shall be decided by the drawing of lots.
Rule 20. Suspension of Rules.
Any one or all of these rules may be suspended by a vote of at least ⅔ of the members of council, except such rules that embody provisions of the Charter, identically or substantially. The rules may be suspended only for a specific purpose, and immediately following the achievement of that purpose, the rules shall again be in full force and effect, subject to further suspension by motion.
Rule 21. Robert's Rules of Order Newly Revised.
The rules of procedure as stated in the current edition of "Robert's Rules of Order Newly Revised" shall govern the proceedings of the city council except when in conflict with the provisions of state law, the Charter or city ordinances or the rules of procedure adopted hereby.
Rule 22. Posters in Council Chambers, Applause, Booing; Containers at Speakers' Podium; Decorum.
a. No person shall brandish, wave or display or cause to be brandished, waved or displayed any sign, placard, poster or banner within the city council chambers in such a manner as to impede the use of the aisles, interfere with the use of the seating area, obstruct the view of another or in any other manner disturb or interfere with the orderly conduct of the meeting at any time during which the city council is conducting a meeting in the city council chambers.
b. Only one person at a time shall be permitted to stand at the speaker's podium, unless the speaker requires an interpreter or other special assistance or during a presentation by a council member.
c. No person making an appearance before the city council pursuant to Rule 8 of these rules shall have in his or her possession while at the public speakers' podium any paper bag, plastic bag, handbag, briefcase, purse, satchel, box, envelope, tape recorder or other container of any sort. A drawer shall be provided near the speakers' podium in which handbags, briefcases and other small items may be placed during an appearance.
d. No person within public aisles or seating area of the city council chambers shall applaud, boo, clap, or otherwise audibly express approval or disapproval of the actions being taken at the city council table or the public speakers' podium in a loud and raucous manner calculated to disturb the meeting, except for public recognition initiated by city council.
e. Citizens appearing before city council are expected to do so without engaging in disorderly conduct or without disrupting the meeting as those actions are defined in sections 42.01 and 42.05 of the Texas Penal Code, but without requiring the standard of proof or mental state for criminal convictions.
f. Violation of this rule shall not be a municipal offense; however, any police officer or other person assigned to provide security for the council meeting shall advise any person who fails to comply with this rule of his or her noncompliance. Any person who, after having been advised of his or her noncompliance, continues to violate this rule shall be ejected by the security personnel from the council chambers for noncompliance with this rule. The operation of this rule shall not be construed to preclude any person from prosecution for violation of any applicable penal law.
Rule 23. Agenda Items Submitted by Council Members Pursuant to Article VII, Section 3 of the City Charter.
a. Pursuant to article VII, section 3 of the City Charter, three or more council members may request any lawful item be placed on the agenda of any designated regular meeting of city council. Requests shall be submitted to the agenda office, and the agenda director is authorized to promulgate processes to facilitate the agenda process.
b. The request must:
(1) Be in writing;
(2) Include signatures of three or more council members (but no more than eight);
(3) Be lawful; and
(4) Include a copy of the draft resolution, motion, or ordinance that would be considered by city council.
c. The legal department shall review all items submitted for form and lawfulness. The legal department shall complete its lawfulness review and provide the agenda director, copying the sponsoring council members and any relevant department directors, with a memo explaining its determination within seven days of receipt of the proposed item, unless the proposed agenda item is lengthy, presents a complex issue, or otherwise requires additional time.
d. If the legal department determines that the proposed agenda item is lawful, the agenda director shall place a caption for the proposed item on the regular city council agenda within the next two regular council meetings after the agenda director's receipt of the legal department's determination. The legal department shall format the proposed agenda item to the city's conventions for motions, resolutions, and ordinances.
e. The proposed item shall satisfy all other legal requirements, including any deadlines, for placement and consideration of an item on the city council agenda.
f. Relevant department representatives or city subject matter experts shall attend the council meeting and be available to provide support, as needed, and answer relevant technical, financial, operational, and administrative questions pertaining to a council member sponsored agenda item.
g. Department representatives shall also provide the requested information or answer questions asked in advance by council members or their staff at least 48 hours prior to council consideration and action.
Rule 24. Procedures for Agenda Items Submitted by Council Members Routed Through Committee.
a. Submission of Proposed Item to Committee. In lieu of or prior to submission of a proposed agenda item under Rule 23, a council member may submit a proposed agenda item to the city council committee designated by the mayor to receive such proposals ("the committee"). A proposed agenda item must be submitted at least 14 days before the next scheduled meeting of the committee for inclusion on the committee agenda.
(1) Prior to submission of the proposed agenda item to the committee, the author or sponsor of the proposed item shall request the legal department review the proposal, to the extent possible with the information provided, for any lawfulness concerns. The legal department shall review the item for any initial legal concerns within seven days of receipt of the proposed item unless the proposed agenda item is lengthy, presents a complex issue, or otherwise requires additional time. In such instances requiring additional time for legal review, the legal department shall provide an initial update to the committee chair and the sponsor within 14 days.
(2) The proposed item must be submitted in writing to the committee and accompanied by the following:
i. One hard copy and one electronic copy (in PDF format) of the introduced item as reviewed by the legal department;
ii. One hard copy and one electronic copy of the background and a brief purpose statement (in Microsoft Word format) for the proposed item; and
iii. Name of the point of contact for the proposed item.
b. Committee Meeting Procedure.
(1) Roll Calls. A roll call must be taken at the beginning of every meeting of the committee and following any recess.
(2) Scheduling of Business. The chair of the committee schedules items, determines the order of consideration of items, and creates the agenda.
(3) Robert's Rules of Order. The meeting will be governed by Robert's Rules of Order and the rules of the committee.
c. Committee Meetings.
(1) The committee shall meet at the time and place designated on the schedule prepared by the chair.
(2) If no meeting is scheduled, the chair shall call a special meeting for the purpose of discussing a council-sponsored item no later than 14 days after the legal department completes its review.
(3) Relevant department representatives or city subject matter experts shall attend the committee meeting and be available to provide support, as needed, and answer relevant technical, financial, operational, and administrative questions pertaining to a council member-sponsored item.
(4) Department representatives shall also provide requested information or answer questions asked in advance by council members or their staff during the committee meeting at least 48 hours prior to council consideration and action.
(5) Additional meetings for purposes provided by the chair can be called at any time by the chair, so long as the meeting is called and conducted in compliance with the Texas Open Meetings Act.
(6) The committee chair shall designate the vice chair to preside over any committee meeting during the temporary absence of the chair.
d. Public Testimony. The public has the right to come and speak to the committee in accordance with Rule 8.
e. Committee Report.
(1) No action taken by a committee shall infringe upon a sponsoring council member's right to have the proposed item submitted to the full council for consideration and a vote under article VII, section 3 of the City Charter.
(2) Vote Requirements for Taking Action on an Item. An action on a proposed item from the committee requires an affirmative record vote of the majority of the members present of the committee. If a quorum is not established at the beginning of the committee meeting for which a proposed item is on the agenda such that no vote on the proposed item can be taken at that meeting, in lieu of appearing on the agenda of a subsequent committee meeting, the proposed item may be submitted in writing by three or more council members pursuant to Rule 23 and article VII, section 3 of the City Charter.
(3) After consideration of an item on the committee's agenda, the committee may do the following:
i. Agree with placement on the city council agenda within the next two regular council meetings.
ii. Disagree with placement on the city council agenda.
iii. If the proposed item requires further evaluation and drafting assistance, refer the item to the administration.
1. The administration shall:
a. Direct the relevant department(s) and the legal department to assist the sponsoring council member(s) with development of the proposed item, including drafting assistance, evaluation of legal, administrative, and policy issues, and fiscal analysis, as necessary; and
b. Submit the item to the city council committee that is most relevant to the subject matter of the proposed item.
2. The assigned departments will provide updates to the committee chair of the designated subject-matter committee on the status of the proposed item, which shall be included in the chair's report.
3. Once the sponsoring council member(s), the relevant department(s) and the legal department have jointly reviewed and determined the proposed item has been completed, it shall be presented to the designated subject-matter committee, and then at least three but no more than eight council members may submit the proposed item in compliance with subsection b of Rule 23 to the agenda director for placement on the regular city council agenda within the next two regular council meetings after the agenda director's receipt of the item.
iv. Amend the item and agree with placement on the city council agenda within the next two regular council meetings.
v. Postpone consideration of the item.
(4) If a motion to place an item on the city council agenda fails, the committee will no longer consider the item.
(Code 1968, § 2-2; Ord. No. 70-1753, § 1, 10-7-70; Ord. No. 72-2170, § 1, 11-21-72; Ord. No. 72-2186, § 1, 11-27-72; Ord. No. 75-1774, § 1, 10-1-75; Ord. No. 76-491, § 1, 3-23-76; Ord. No. 76-702, § 1, 4-27-76; Ord. No. 80-2463, § 1, 7-30-80; Ord. No. 82-1313, § 1, 8-24-82; Ord. No. 82-1314, § 1, 8-24-82; Ord. No. 82-1315, § 1, 8-24-82; Ord. No. 82-1424, § 1, 9-14-82; Ord. No. 82-1544, § 1, 9-28-82; Ord. No. 84-1422, §§ 1—4, 9-22-84; Ord. No. 84-1443, § 1, 9-12-84; Ord. No. 87-1023, § 1, 6-24-87; Ord. No. 87-1176, § 1, 7-8-87; Ord. No. 87-1194, §§ 1—6, 7-8-87; Ord. No. 88-389, § 1, 3-16-88; Ord. No. 88-548, § 1, 4-6-88; Ord. No. 88-620, §§ 1, 2, 4-20-88; Ord. No. 88-1235, § 1, 7-13-88; Ord. No. 88-1707, § 1, 11-2-88; Ord. No. 89-583, § 1, 4-26-89; Ord. No. 90-631, § 1, 5-23-90; Ord. No. 90-832, §§ 1—5, 7-3-90; Ord. No. 90-1111, §§ 1—3, 9-12-90; Ord. No. 93-217, § 1, 3-3-93; Ord. No. 93-1048, § 2, 8-25-93; Ord. No. 93-1251, §§ 1, 2, 10-6-93; Ord. No. 94-1385, §§ 1—3, 12-21-94; Ord. No. 95-996, § 1, 9-13-95; Ord. No. 95-1296, § 8, 12-6-95; Ord. No. 96-930, § 1, 9-11-96; Ord. No. 98-587, § 1, 7-22-98; Ord. No. 98-1233, §§ 1—3, 12-22-98; Ord. No. 05-91, § 1, 1-25-05; Ord. No. 08-848, §§ 1—13, 9-24-08; Ord. No. 09-425, § 2, 5-13-09; Ord. No. 2011-284, § 2, 4-20-2011; Ord. No. 2011-1169, § 2, 12-14-2011; Ord. No. 2012-772, § 2(Exh. A), 8-29-2012; Ord. No. 2024-542, §§ 2, 3, 7-24-2024; Ord. No. 2024-853, § 2, 11-6-2024; Ord. No. 2025-604, §§ 2, 3, 7-9-2025, eff. 8-1-2025; Ord. No. 2025-1029, §§ 2, 3, 12-10-2025; Ord. No. 2026-0437, § 2, 5-20-2026)
