Member Requirements.

Austin City Code tit. 2, ch. 2-1, art. 1, div. 2

in effect

Austin City Code § 2-1-21 ELIGIBILITY REQUIREMENTS AND REMOVAL.

§ 2-1-21 - ELIGIBILITY REQUIREMENTS AND REMOVAL. (A) A board member is appointed by and serves at the pleasure of the city council. (B) A person must be a resident of the City to be eligible for appointment to a City board, unless an exception to the residency requirement is created by federal or state law, the City Charter, a City ordinance, or other council action. A board member who was required to be a resident of the City or of a particular area or neighborhood of the City when appointed and who moves his primary residence outside of the City limits or who was not a resident of the City or that area or neighborhood when appointed vacates his position on the date he moves his residence or is determined by the city clerk not to live in the area or neighborhood, subject to the hold over provision in Section 2-1-27 (Vacancy and Hold Over Capacity). (C) A person who is registered or is required to register as a lobbyist under Chapter 4-8 (Regulation of Lobbyists), or who is employed by a person registered or required to register under that chapter, is not eligible to serve on a board until the expiration of three years after the date that the person ceases to be registered, is required to be registered, or is employed by a person registered or required to be registered. A person who was not required to register as a lobbyist and who was not employed by a person required to register as a lobbyist before June 1, 2017, is exempt from this subsection until November 1, 2017. (D) A board member whose years of service exceed the limitation prescribed by Section 2-1-22 (Membership Term and Limitation) is not eligible for reappointment, except as provided by that section. (E) A person must file a written application with the city clerk to be eligible for appointment to a City board. (F) After a person is appointed to a board, the person is not eligible to begin service until the person has signed a written acknowledgment stating that the person: (1) has taken the oath of office; (2) has received a copy of and agreed to comply with the City's ethics and personal responsibility guidelines; and (3) has agreed to complete the training required by Section 2-1-23 (Training). (G) To maintain eligibility, a board member must: (1) complete the board training required by Section 2-1-23 (Training); (2) comply with Section 2-7-72 (Public Financial Statements), if applicable; (3) comply with the attendance requirements of Section 2-1-26 (Attendance Requirements and Automatic Vacation); and (4) comply with the residency requirements of Subsection 2-1-21(B). (H) A person may not serve on more than one City-established board simultaneously, except as a representative of another board or as required by federal or state law or City ordinance or resolution. (I) A board member who becomes ineligible to serve under federal or state regulation may not continue to serve even though a successor has not been appointed. (J) A board member may be removed at any time by an affirmative vote of the majority of the council. (K) Unless otherwise provided by this chapter, a City employee may not serve as a member of a City board if: (1) the employee is classified at the executive level; (2) the employee is required to file an annual financial statement; (3) the employee works for the Law Department, the Financial Services Department, the Purchasing Department, or the Project Management Division of the Public Works Department; or (4) service on the board could reasonably be expected to impair the performance of the employee's job duties. (L) City employees may only serve on advisory boards, not on boards subject to Subsection (G) of Section 2-1-24 (Conflict of Interest and Recusal). (M) Unless otherwise provided by this chapter, an employee who serves as a member of a City board may not take part in a deliberation or vote related to: (1) a case, project, or matter over which the employee exercised discretionary authority; (2) a job assignment that the employee is responsible for as part of the employee's job duties; or (3) funding, or using City resources, for any purpose by or through the department in which the employee works. (N) A City employee nominated to serve as a member of a City board must have written permission from their director in order to be appointed. An individual who serves on a city board or commission and is subsequently hired by the City must either resign from the board or seek written approval from their director to remain on the board once hired and prior to attending the next meeting of the board. Source: Ord. 20071129-011; Ord. 20080618-030; Ord. 20090611-022; Ord. 20101209-003; Ord. No. 20170518-044, Pt. 1, 5-29-17; Ord. No. 20170831-056, Pt. 1, 9-11-17; Ord. No. 20190919-028, Pt. 1, 9-30-19; Ord. No. 20250227-004, Pt. 4, 3-10-25.

Austin City Code § 2-1-22 MEMBERSHIP TERM AND LIMITATION.

§ 2-1-22 - MEMBERSHIP TERM AND LIMITATION. (A) Except as otherwise provided in this chapter, the city charter, or state or federal law, a board member is appointed for a term of up to four years beginning March 1st. (1) the tenure of a board member appointed to a term of up to four-years runs concurrently with the tenure of the city council member who appoints the member, including when the city council member resigns or otherwise vacates their office prior to the expiration of their term. (2) a board member may serve no longer than two consecutive four-year terms on the same board. Service before July 31, 2015, is excluded in determining the number of years served. (3) a board member who has served two consecutive four-year terms on the same board is not eligible for reappointment to that board until the expiration of two years after the last date of the member's service on that board. (4) an individual who was appointed to fill a vacant position on a board that has four-year terms and who serves more than two years of that term is considered to have served a full four-year term for purposes of this section. (B) Certain boards and commissions have members who serve two-year or three-year terms, as provided by this chapter, city code, or state or federal law. (1) a board member may serve no longer than four consecutive two-year terms or three consecutive three-year terms on the same board. Service before July 31, 2015, is excluded in determining the number of years served. (2) a board member who has served four consecutive two-year terms or three consecutive three-year terms on the same board is not eligible for reappointment to that board until the expiration of two years after the last date of the member's service on that board. (3) an individual who was appointed to fill a vacant position on a board that has two-year terms and who has served more than one year of that term is considered to have served a full two-year term for purposes of this section. (4) an individual who was appointed to fill a vacant position on a board that has three-year terms and who has served more than two years of that term is considered to have served a full three-year term for purposes of this section. (C) The term limits in this section do not apply to ex-officio members of boards or to members nominated or appointed by entities other than city council. Source: Ord. 20071129-011; Ord. 20080214-012; Ord. 20080618-030; Ord. 20090618-020; Ord. No. 20141211-204, Pt. 2, 7-1-15; Ord. No. 20250227-004, Pt. 5, 3-10-25.

Austin City Code § 2-1-23 TRAINING.

§ 2-1-23 - TRAINING. (A) A board member must comply with the training requirements of this section at the start of each term to which they are appointed to serve and whenever otherwise instructed by the city clerk in order to maintain eligibility to serve on the board. Except as provided by Subsection (C), a board member who does not comply with the training requirements automatically vacates the board member's position, subject to the hold over provision in Section 2-1-27 (Vacancy and Hold Over Capacity). (B) Each board member must complete a board course developed by City staff not later than the 90th day after the date of the member's appointment or reappointment. The training shall include: (1) a review of a board member's personal and ethical responsibilities; (2) the role of council and staff and the council-manager form of government; (3) the role of advisory boards in making recommendations and advising council; (4) board procedures, including attendance and quorum; (5) the City's business planning process; (6) Government Code Chapter 551 (Open Meetings Act), Robert's Rules of Order, and Americans with Disabilities Act requirements; (7) conflict resolution; and (8) the use of a City e-mail account for board-related business. (9) sexual harassment and diversity training. (C) A board member who does not comply with the training requirement prescribed by Subsection (B)(8) does not vacate the board member's position, but is subject to the prohibition of Subsection (C)(3) of Section 2-1-49 (Communications Using Electronic Devices). Source: Ord. 20071129-011; Ord. 20090611-022; Ord. 20101209-003; Ord. 20120802-014; Ord. 20120823-004; Ord. No. 20181213-010, Pt. 1, 12-24-18; Ord. No. 20250227-004, Pt. 6, 3-10-25.

Austin City Code § 2-1-24 CONFLICT OF INTEREST AND RECUSAL.

§ 2-1-24 - CONFLICT OF INTEREST AND RECUSAL. (A) This section is cumulative of Chapter 2-7 (Ethics and Financial Disclosure) and Local Government Code Chapter 171 (Regulation of Conflicts of Interest of Officers of Municipalities, Counties, and Certain Other Local Governments). Under this section a board member has a conflict of interest if the City Code or another law prohibits the board member from taking action on a vote or decision before the board. (B) At each meeting, a board member shall sign an attendance sheet and shall indicate: (1) that the board member has no conflict of interest related to any item on the agenda; or (2) the number of an agenda item for which the board member has a conflict of interest. (C) At each meeting of a committee to which a board member is appointed, a committee member shall sign in on a sheet provided and shall indicate: (1) that the committee member has no conflict of interest related to any item on the committee meeting agenda; or (2) the number of an agenda item for which the committee member has a conflict of interest. (D) For purposes of the requirements of Subsections (B) and (C), a board member who is participating virtually via videoconference may submit a signed and scanned version of the attendance sheet, or other document prescribed for that purpose by the city clerk, via email to the staff liaison upon or before virtually joining the meeting; other delivery methods of the form, including an email from the member stating that the member has no conflict of interest or indicating the number of an agenda item for which the member has a conflict, are acceptable as long as the staff liaison has the form by the time the board member joins the meeting. (E) Except as provided by Subsection (D), failure by a member to comply with Subsection (B) will result in that member being counted as absent from the board meeting; such an absence is an unexcused absence. Any vote or votes cast by a member who fails to comply with Subsection (B) or (C) will not be counted at the board or committee meeting at issue. (F) Chapter 2-7, Article 3 (Violation: Complaint and Hearing Procedures) applies to this section, and a sworn complaint alleging a violation may be filed under the procedures of that article. If the Ethics Review Commission determines that a violation of this section has occurred, it shall follow the procedure required by Section 2-7-47 (Prosecution). (G) The city clerk shall maintain a list of boards and commissions that are in the following categories: (1) boards that exercise responsibilities beyond those that are advisory in nature and whose members must comply with the substantial interest disclosure required by Local Government Code Chapter 171. (2) boards that exercise discretion in the planning, recommending, selecting, or contracting of a vendor and whose members must comply with the conflicts disclosure required by Local Government Code Chapter 176. (3) boards to which council has delegated one of its governmental powers, which is exercised by the board for the benefit of the public largely independent of the control of others, and whose members are subject to the hold over provisions of Texas Constitution Article XVI, Section 17. Source: Ord. 20071129-011; Ord. 20080214-012; Ord. 20101209-003; Ord. No. 20211104-062, Pt. 4, 2-28-22; Ord. No. 20250227-004, Pt. 7, 3-10-25.

Austin City Code § 2-1-25 PUBLIC FINANCIAL STATEMENTS.

§ 2-1-25 - PUBLIC FINANCIAL STATEMENTS. (A) A board member who does not file a public financial statement required by Section 2-7-72 (Reports) becomes ineligible to continue to serve and automatically vacates the member's position, subject to the hold over provision in Section 2-1-27 (Vacancy and Hold Over Capacity) and subject to removal procedures required by state or federal law. (B) The city clerk shall notify the nominating council member if a board member's failure to file public financial statements creates an automatic vacancy that requires a new appointment. (C) Each member of a board that advises city council concerning land development, city contracts, access to and expenditure of state and federal grant funds, or housing contracts may be required to file a public financial statement required by Section 2-7-71 (Public Financial Statements). Source: Ord. 20071129-011; Ord. 20090611-022; Ord. 20090618-047; Ord. No. 20250227-004, Pt. 8, 3-10-25.

Austin City Code § 2-1-26 ATTENDANCE REQUIREMENTS AND AUTOMATIC VACATION.

§ 2-1-26 - ATTENDANCE REQUIREMENTS AND AUTOMATIC VACATION. (A) Except as provided in Subsection (B), a board member automatically vacates the member's position if the member is absent for three consecutive regular meetings or one-third of all regular meetings in a rolling 12-month timeframe, subject to the hold over provision in Section 2-1-27 (Vacancy and Hold Over Capacity). Attendance by a board member at committee meetings and working group meetings is not considered for purposes of determining the board member's compliance with attendance requirements. (B) Subsection (A) does not apply to an absence due to the following: i. the board member's illness or injury; ii. the illness of or injury to a member of the board member's immediate family; iii. the birth or adoption of the board member's child, for 90 days after the birth or adoption, or; iv. military service. The board member must notify the staff liaison of one of these stated reasons for the absence not later than the date of the next regular meeting of the board. For an absence due to the birth or adoption of the board member's child, the board member must notify the staff liaison not later than the date of the next regular meeting after the birth or adoption. (C) The City department assigned to provide staff support to a board shall keep attendance records and notify the city clerk if a board member fails to comply with attendance requirements. (D) The city clerk shall notify the nominating council member if a board member's attendance record creates an automatic vacancy that requires a new appointment. (E) For purposes of Subsection (A), a board member who is absent from the dais, or is not on camera if participating virtually via videoconference, for more than 50% of the votes cast at that meeting will be considered absent from the entire meeting. Source: Ord. 20071129-011; Ord. 20080618-030; Ord. 20090611-022; Ord. 20101209-003; Ord. No. 20140925-013, Pt. 1, 10-6-14; Ord. No. 20211104-062, Pt. 5, 2-28-22.

Austin City Code § 2-1-27 VACANCY AND HOLD OVER CAPACITY.

§ 2-1-27 - VACANCY AND HOLD OVER CAPACITY. (A) A board member whose term has expired continues to serve in a hold-over capacity until the earlier of the date a successor is eligible to begin service in the position as provided by Subsection 2-1-21(F), or the 60th day after the term expiration date. (B) A board member who automatically vacates his position under Section 2-1-23 (Training) or Section 2-1-25 (Public Financial Statements): (1) may maintain eligibility if, not later than the 30th day after the expiration of the applicable deadline, the member completes the eligibility requirement; and (2) continues to serve in a hold-over capacity until the earlier of the date a successor is eligible to begin service in the position as provided by Subsection 2-1-21(F), or the 60th day after the expiration of the applicable deadline. (C) A board member who vacates his position under Subsection 2-1-21(B) (Eligibility Requirements and Removal) continues to serve in a hold-over capacity until the earlier of the date a successor is eligible to begin service in the position as provided by Subsection 2-1-21(F), or the 60th day after the city clerk notifies the nominating council member that the board member's residency creates an automatic vacancy that requires a new appointment. (D) A board member who vacates his position under Section 2-1-26 (Attendance Requirements and Automatic Vacation) continues to serve in a hold-over capacity until the earlier of the date a successor is eligible to begin service in the position as provided by Subsection 2-1-21(F), or the 60th day after the date the city clerk notifies the nominating council member that the board member's attendance record creates an automatic vacancy that requires a new appointment. (E) The council may waive the eligibility requirements in Subsections (B), (D), and (H) of Section 2-1-21 (Eligibility Requirements and Removal), the term limits established in Section 2-1-22 (Membership Term and Limitation), the deadlines established in Sections 2-1-23 (Training) and 2-1-25 (Public Financial Statements), the residency requirement established in Subsection 2-1-21(B) (Eligibility Requirements and Removal), and the attendance requirement established by Section 2-1-26 (Attendance Requirements and Automatic Vacation) by voice vote of the council without the need for an amending ordinance. Source: Ord. 20090611-022; Ord. No. 20250227-004, Pt. 9, 3-10-25.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT2AD_CH2-1CIBO_ART1GEPR_DIV2MEREFetched: 10/27/2026