Ord 17-2019 Amending Chapter 2 and adding Rules of Procedure, Council Decorum, Ethics 5/21/2019 Ordinance No. 17-2019
Ordinance amending Chapter 2 of the Code of Ordinances of the
City of Wichita Falls, Texas, at Article II, City Council, modifying
Division 1 and adding Divisions 2, 3 and 4, to revise the existing
Rules of Procedure for the City Council, and to establish policies
addressing Council decorum, communications, and ethics;
providing an effective date; providing a repealer clause; providing
for inclusion; and providing for severability.
WHEREAS, the City's strategic plan calls for the creation of a best practices social
media policy; and,
WHEREAS, the City's strategic plan calls for the establishment of coordinated and
trusted messaging; and,
WHEREAS, the creation of a Council Code of Ethics will be beneficial to the City
in future successful State and Federal Grant applications; and,
WHEREAS, the City Council desires to adopt this ordinance in order to increase
the citizens' trust in City government, increase Council transparency and accountability,
and to ensure the dissemination of factual information to the residents of Wichita Falls.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
1 . Chapter 2 of the Code of Ordinances of the City of Wichita Falls, Texas, is
hereby amended at Article II, City Council, so that such Article shall hereafter read as
follows..
"ARTICLE II. — CITY COUNCIL
DIVISION 1. - GENERALLY.
Sec. 2-26. - Composition; districts.
(a) The city council shall be composed of a mayor and six councilors as
provided in Charter section 10.
(b) The council establishes five single-member districts, being numbered one
through five, inclusive, and as identified on the map which is on file in the City Clerk's
office and the accompanying field notes on file in the City Clerk's office and expressly
incorporated by reference in this section. Any person seeking election to any particular
numbered district shall be a bona fide resident of the city and the district which he seeks
to represent. Any person seeking election to the position of mayor or the one at-large
council seat shall be a bona fide resident within the corporate city limits.
Sec. 2-27. - Vacancy.
If, during the term of office, a councilor from one of the five numbered council districts
ceases to be a bona fide resident of the council district from which that individual has
been elected, that office shall become vacant, and the vacancy shall be filled as
specified in Charter section 23. If, during the term of office, the mayor or the one
councilor elected at large ceases to be a bona fide resident within the corporate city
limits, that office shall be vacant, and the vacancy filled as specified in Charter section
23.
Sec. 2-28. - Election; term of office.
(a) The mayor and one councilor shall be elected from the city at large. The
other five councilors shall be elected from the five single-member districts. Any
candidate for councilor from a district must receive a plurality of the votes cast for the
district in which the councilor resides. The mayor and the councilor at large must each
receive a plurality of the votes cast in the entire city.
(b) The mayor and each councilor, upon election, shall serve a term of two
years, except as provided in Charter section 12, and shall continue to serve until a
successor is duly elected and sworn into office.
Sec. 2-29. - Elections.
To implement the system of single-member representation and ensure an orderly
transition in the city council:
(a) District one, district two and the position of councilor at-large will stand for
regular election in odd-numbered years.
(b) District three, district four, district five and the mayor's position will stand
for regular election in even-numbered years.
Sec. 2-30. - Compensation.
(a) In accordance with Charter section 38, the mayor shall be paid a salary of
$500.00 per month, and each councilor shall be paid a salary of $300.00 per month,
subject to (c) or to disciplinary action voted upon by the City Council.
(b) The mayor and each councilor may choose not to receive a salary by
tendering a written designation of such decision to the city clerk. Such a designation
may be reversed via a written declaration tendered to the city clerk, but such decision
will not apply retroactively.
(c) If any member of Council is delinquent in the payment of any taxes or other
liabilities due to the City, the City Manager shall withhold said councilor's monthly
compensation until such delinquency is paid in full, unless said debt is subject to a
federal bankruptcy stay or the property tax delinquency is protected by a tax deferred
application accepted by the Wichita Appraisal District.
Sec. 2-31. - Designated meetings.
In accordance with Charter section 34, the regular meeting times of the city council shall
be the first Tuesday and third Tuesday of each month, at 8.30 a.m. Regular meetings
shall be held in the council chamber in the municipal auditorium.
Sec. 2-32. - Special meetings.
Special meetings of the city council may be called pursuant to Charter section 34. The
only notice to city councilors that shall be necessary to be given of any special meeting
of the city council shall be by telephone to each of the members of the city council. All
special meetings shall be held in the council chamber in the municipal auditorium.
Secs. 2-33-2-50. - Reserved.
DIVISION 2. COUNCIL RULES OF PROCEDURE AND POLICIES
Sec. 2-51. — Authority.
Pursuant to section 34 of the City Charter of the City of Wichita Falls, Texas, the City
Council may enact rules of procedure for all meetings of the City Council, which shall be
in effect upon their adoption by the City Council and until such times as they are amended
or new rules adopted. The following rules are enumerated under and by authority of said
provision.
Sec. 2-52. — Applicability.
The Rules of Procedure adopted by the City Council are applicable not only to the City
Council but also to all boards, commissions, and committees of the City of Wichita Falls.
Sec. 2-53. — Amendment.
These rules may be amended or new rules adopted, by a majority vote of four members
of the City Council.
Sec. 2-54. - Construction of Authority.
The construction of authority in all matters associated with the meetings and activities of
the City Council, including the Agenda, shall be: (1) the U.S. Constitution and statutes of
the United States of America; (2) the Texas Constitution and statutes of the State of
Texas; (3) the City Charter; (4)the Code of Ordinances of the City of Wichita Falls, Texas;
and, (5) these Rules.
Sec. 2-55. - Purpose of Parliamentary Procedure.
The purpose of these rules of parliamentary procedure is to establish orderly conduct of
the meetings. The ultimate purpose of these rules of parliamentary procedure is to
encourage and facilitate decision-making by the City Council. In a democracy, the
majority opinion carries the day. These rules enable the majority to express their opinion
and fashion a result, while permitting the minority to also express itself (but not dominate)
and fully participate in the process.
Sec. 2-56. - Meetings Shall Be Public.
Except as otherwise allowed by law, all meetings of the City Council shall be public, and
notices thereof shall be posted as provided under the Texas Government Code, Chapter
551, Open Meetings Act. Except in the case of an emergency meeting, notice of all
meetings shall be given at least 72 hours before the time set for any meeting.
Sec. 2-57. - Conduct of Meetings.
Meetings of the City Council shall be conducted in accordance with the Rules adopted by
the City Council as set forth herein, and as may be amended from time to time.
Sec. 2-58. — Agenda.
(a) The City Manager and the City Clerk shall prepare an agenda and cause
the same to be posted at least 72 hours prior to the meeting. Agendas shall be delivered
to the City Council on or before 6.00 PM of the day of the posting, or within such other
times as established by the City Council from time to time. In the event of an emergency
meeting of the City Council, this provision shall be suspended when not inconsistent with
the provisions of federal or state law, or the City Charter.
(b) In order to facilitate the agenda process, the City Manager is responsible
for placing items on the agenda. A written request from the Mayor or any three members
of the Council shall cause the City Manager to place an item on the agenda for Council
consideration. The Council Members requesting the item shall be identified in the agenda
item commentary for the requested item. Staff assistance, if required, should be
requested through the City Manager. If a Council requested agenda topic does not allow
for staff to adequately prepare information for Council's consideration, the item shall be
postponed by the City Manager until the next Regular Meeting, or until such time as
mutually agreed.
Sec. 2-59. - Consent Agenda.
(a) There is hereby established, as a part of every agenda for Regular and/or
Special Called Meetings of the City Council, a portion of said agenda that shall be labeled
"Consent Agenda." The Consent Agenda shall contain routine, non-controversial items
that require Council action but need little or no Council deliberation.
(b) All items set out in the Consent Agenda shall be deemed passed upon
passage of an affirmative motion, by a unanimous vote of all of the members of the City
Council then seated, that the Consent Agenda be adopted. A motion to approve the
consent agenda will not be debated. No further action shall be deemed necessary, and
all such items appearing on the Consent Agenda, upon passage of such motion, shall be
deemed adopted as if voted upon separately and as if the caption and/or body of any
ordinance therein set out shall have been read in full.
(c) Any member of the City Council may request that an item be removed from
the Consent Agenda and considered separately. Such request shall be honored as if it
had been passed by majority vote. The item will be removed from the consent agenda
and placed upon the regular agenda for debate.
Sec. 2-60. - Regular Meetings.
A regular meeting is one during which the City Council takes official action. They are held
on the first and third Tuesday of each month, unless the meeting is rescheduled or
cancelled. All Regular meetings shall begin at 8.30 a.m. The City Council by a majority
vote at a regular meeting, may change the days or times of meetings as circumstances
necessitate. Meetings shall be held at City Hall unless another convenient place within
the City is designated by the meeting agenda. [Charter section 34]
Sec. 2-61. - Work Session Meetings.
Work session meetings are special meetings called for the purpose of conducting a
detailed and thorough exploration of matters that may properly come before the City
Council. A work session is a meeting to discuss or explore matters of interest to the City,
review and discuss agenda items, and/or meet with City boards, commissions, committee
members, or City Staff. These meetings are informational and no formal action shall be
taken unless the posted agenda indicates otherwise.
Sec. 2-62. - Special Meetings.
Special meetings may be called by the Mayor and shall be called by the City Clerk upon
written request of three (3) City Councilors or the City Manager. The City Clerk shall post
notice thereof as provided by law. [Charter section 34]
Sec. 2-63. - Emergency Meetings.
In case of an emergency or urgent public necessity, as defined by State law and
confirmed by the City Attorney, which shall be expressed in the meeting notice, an
emergency meeting may be called by the Mayor, the City Manager, or by three
members of the City Council. It shall be sufficient if members receive, and public notice
is posted at least two (2) hours before the meeting is convened. Notice shall be provided
also to the media in accordance with the Texas Government Code, Section 551 .047.
Sec. 2-64. - Executive Sessions (Closed Meetings).
(a) Executive Sessions are closed to the public. They are only permitted for the
purpose of discussing matters enumerated in Chapter 551 , Open Meetings Act of the
Texas Government Code. Notice of topics to be discussed during executive sessions
shall be made known to the public in accordance with the requirements of the Open
Meetings Act.
(b) The City Council may retire into an executive session as stated on a posted
agenda during a regular or special meeting, or if a motion is duly made and seconded
and affirmed by a majority of the Council. However, before said session begins, the Mayor
shall announce that the executive session is commencing. The order in which an
executive session may appear on the agenda is subject to the discretion of the City
Council. No voting or action shall be taken by the City Council during an executive
session. No other subject but that posted on the agenda is to be considered. Adjournment
of the executive session and any vote needed shall be made during an open public
meeting.
(c) Items discussed in executive session are to remain private and confidential.
Disclosing any information (including disclosure of documents presented in executive
session) is contrary to a Council member's fiduciary obligation to the City and a violation
of the Rules of Order. Except as provided by law, no Council Member, staff member or
legal counsel may discuss or reveal the proceedings of an executive session to persons
not present during the executive session. In the event an elected official is absent from
the Executive Session, the Mayor, the City Manager or the City Attorney may brief the
elected official who was absent from the meeting on the discussion.
(d) Except for information protected by law from disclosure, the Council
members may authorize the release of confidential information discussed in executive
session by an affirmative vote of four (4) members.
(e) Additionally, the certified agenda or recording of the executive session is
confidential, and no persons may disclose to a member of the public the certified agenda
or recording of the executive session, except as provided by law. Section 551.146 of the
Texas Government Code makes such an act a Class B Misdemeanor and opens the
person who reveals such information personally liable for any damages resulting from
such action.
Sec. 2-65. - Recessed Meetings.
No meeting shall be recessed for a longer period of time than until the next regular
meeting except when required information has not been received, or, in the case of
workshops or special meetings, to a date certain by motion duly passed. If a meeting is
recessed to a later time exceeding twenty-four (24) hours, the recessed meeting shall be
posted in accordance with Section 551 .041 of the Texas Open Meetings Act.
Sec. 2-66. - Notice of Meetings.
The agenda for all meetings shall be posted by the City Clerk on the City's official bulletin
board and on the City's website. Notice of all meetings shall be given by the City Clerk
pursuant to the requirements of the Texas Open Meetings Law.
Sec. 2-67. — Quorum.
A quorum at any meeting of the City Council will be established by the presence of four
or more members of the City Council. [Charter section 34]. Council Members shall provide
adequate advanced notice to the Mayor or City Manager of possible absence from a
meeting.
Sec. 2-68. - Minutes of Meetings.
The City Clerk shall keep an account of all proceedings of the City Council and they shall
be open to properly indexed and public inspection in accordance with the laws of the
State of Texas. [Code section 2-40].
Sec. 2-69. - Order of Business.
The regular City Council meeting will be generally conducted in the following order, unless
otherwise specified. An executive session may be held at any time during a meeting
pursuant to applicable State law.
(a) Agenda Format: The Agenda shall provide for the following topics or
subjects to be considered by the City Council in the following order:
1 . Call to Order: This section shall note the time and place of the
meeting.
2. Invocation: This section shall note the opening prayer.
3. Pledge of Allegiance: This section shall note the observance of our
national pledge.
4. Presentations: Proclamations and Employee of the Month.
5. Approval of Minutes: This section is for the City Council to approve,
amend, or disapprove the minutes from previous meetings.
6. Receive Minutes from Boards and Commissions: This section is for
the City Council to receive the minutes from board and commission
meetings.
7. Consent Agenda. This section shall provide for all items on the
consent agenda.
8. Ordinances: This section shall provide for all ordinance action items
to be considered by the Council not provided for elsewhere on the
agenda.
9. Public Hearings: This section shall provide for Council consideration
of any public hearings related to such hearings if action is required.
Public hearings shall be conducted in the following manner:
i. Reading of the caption of the ordinance (if applicable)
ii. The Mayor opens the public hearing.
iii. Staff presents report.
iv. City Council members may ask Staff questions.
V. The applicant then has the opportunity to present comments,
testimony, and/or oral arguments.
vi. City Council members may ask questions of the applicant.
vii. The Mayor shall inquire if there is anyone present who desires
to speak on the matter which is to be heard or to present
evidence regarding the matter.
viii. Each speaker shall be limited to 5 minutes (unless otherwise
set by the Chair)with a cumulative limit of 30 minutes for each
side (those for a proposal and those against a proposal).
Proponents shall speak first followed by opponents. At the
end of the hearing the proponents shall be given an additional
5 minutes for rebuttal.
ix. Mayor closes public hearing.
X. The City Council deliberates and takes action as needed.
xi. The Chair announces the final decision of the City Council as
applicable.
10. Resolutions: This section shall provide for all resolution action items
to be considered by the Council not provided for elsewhere on the
agenda.
(b) Agenda Items: Any person who seeks action from the City Council and
wishes to address the Council on items on the Regular Agenda shall do so at the time the
Agenda item is brought up for action. All persons shall state their name and address
before addressing the Council. No one shall be allowed to speak more than once on any
one subject until every person wishing to speak has spoken.
(c) Whenever a member of the public is recognized to address the Council on
an ordinance, resolution, or public hearing item, the individual will be given 5 minutes to
make comments. The Mayor may allow a 1-minute extension. A majority vote of the City
Council is required for any subsequent time extensions. In order to expedite matters and
to avoid repetitious presentations, whenever a group of people wish to address the City
Council on the same subject matter, those persons are encouraged to designate a
spokesperson to address the City Council. The Mayor may extend the time allocation for
a designated spokesperson if the persons for whom he or she speaks agree to yield their
time to the spokesperson.
(d) Non-Agenda Items: Any person who wishes to address the Council on
matters not on the agenda may appear under the "comments from the public" part of the
agenda. This rule does not apply to anyone appearing at a public hearing in response to
an official notice or to persons who wish to address the Council on a matter which appears
on the Regular Agenda. All persons shall state their name and address before addressing
the Council. No one shall be allowed to speak more than once on any one subject until
every person wishing to speak has spoken.
11. Other Council Matters: This section includes any reports by City Staff
and items of concern from members of the City Council.
12. Comments from the Public: This section shall provide members of
the public an opportunity to address the City Council on items of
concern that are not on the City Council Agenda. People wishing to
address the Council should sign up prior to the meeting commencing.
Comments shall be limited to three minutes. As comments from the
public are not posted agenda items, the Texas Open Meetings Act
prohibits City Council members and Staff from discussing or
responding to these comments during Council meetings. It is not
required that the City Council agenda contain a "comments from the
public" section.
13. Executive Sessions: Executive (closed) sessions will be held in
accordance with the Texas Government Code. (A posted executive
session can be held at any time during the regular council meeting).
14. Appointments to Boards and Commissions.
15. Adjournment: This section provides for the closure of the meeting.
Sec. 2-70. - Consideration of Ordinances, Resolutions and Motions.
(a) Printed Form: All ordinances and resolutions shall be presented to the
Council.
(b) City Attorney to Approve: All ordinances and resolutions shall be approved
as to form and legality by the City Attorney.
(c) Recording of Votes: The ayes and noes shall be taken upon the passage of
all ordinances and resolutions and entered upon the official record of the City Council.
(d) Voting Required: No member, including the Mayor, shall be excused from
voting except on matters involving the consideration of his own official conduct or where
his or her financial interests are involved, and in these instances he or she shall abstain.
Any member prohibited from voting by financial interest shall announce at the
commencement of consideration of the matter that he or she is abstaining from voting on
the matter and shall not enter into discussion or debate on any such matter. The member
shall step then down from the dais during the discussion and voting on the matter. After
a member has stated the reason for his request, the excuse from voting shall be made
without debate. Any member who has abstained under this section shall not attend any
executive session where the matter from which he or she is abstaining, is discussed. If
any member shall refuse to vote, except for those reasons stated above, such refusal
shall be noted in the minutes of the meeting. [Charter section 34].
(e) Approval of every ordinance, resolution, or motion shall require on final
passage the affirmative vote of four (4) City Council members present, except that the
City Charter and certain state statutes impose other voting requirements on various
questions. In addition, these rules set forth certain instances in which the number of votes
required is greater than a majority of all members. As a matter of convenience, questions
on which the voting requirement is varied by City Charter, State statutes and these rules
are listed below:
1 . Changing Paving Assessment Plans - Two-thirds Vote of All
Members. A change that substantially affects the nature or quality of
an improvement funded by an assessment requires a two-thirds vote
of all members of the City Council. [Texas Transportation Code
§313.053(b)]. "Two-thirds vote of all members" would require an
affirmative vote of five (5) Council members.
2. Expulsion of Members - Two-thirds Vote of All Members. Expulsion
of a member of the City Council requires an affirmative vote of two-
thirds of all members of the City Council. "Two-thirds vote of all
members" would require an affirmative vote of five (5) Council
members.
3. Changes in Zoning Ordinance - Three-fourths vote of all members.
A change in zoning district classification or boundary that has been
recommended for denial by the city planning commission or that has
been protested by the owners of 20 percent or more of either the land
in the area or request or land within 200 feet of the boundary of the
area of request must have the approval of three-fourths of all
members of the City Council. [Texas Local Government Code
§211 .006(d)]. "Three-fourths votes of all members" would require an
affirmative vote of 6 Council members.
4. Charter Amendments. Ordinances submitting proposed Charter
Amendments must be adopted by a two-thirds of all members of the
City Council. [Article XI, Section 3, Texas Constitution and Section
9.004 of the Texas Local Government Code]. "Two-thirds vote of all
members" would require an affirmative vote of five (5) Council
members.
5. Tax Rate. The vote on the ordinance, resolution, or order setting the
tax rate must be separate from the vote adopting the budget. For a
taxing unit other than a school district, the vote on the ordinance,
resolution, or order setting a tax rate that exceeds the effective tax
rate must be a record vote, and at least 60 percent of the members
of the governing body must vote in favor of the ordinance, resolution,
or order. "60 percent of the members of the governing body" would
require an affirmative vote of five (5) Council Members.
Sec. 2-71. - General Procedures.
(a) General rules of parliamentary procedure as defined in this document and
consistent with the City Charter and any applicable City ordinance, statute or other legal
requirement, shall govern the proceedings of the City Council. To the extent not
inconsistent with these rules, the City Council shall use Robert's Rules of Order as a
general guideline for additional rules of parliamentary procedure without being a
procedural requirement. However, failure to abide by, or adhere to, these rules shall not
nullify or negate any action by the City Council. These rules of parliamentary procedure
are intended solely as a guideline and tool, and are not intended to limit the inherent
power and general legal authority of the City Council, or of its Mayor, to govern the
conduct of City Council meetings.
(b) Chair of Meeting: The Mayor shall preside over all meetings of the City
Council as the Chair and enforce these rules and procedures during a meeting. In the
absence of the Mayor, the Mayor Pro Tern shall assume the Chair responsibility at the
meeting. In the absence of the Pro Tem, the City Council will choose a Chair for the
meeting.
(c) Authority of the Chair: The Chair shall make decisions on questions of
procedure, subject to review by the City Council as a whole.
(d) City Council Deliberations: The Chair has the responsibility to control the
discussion and the order of speakers. Council members will generally be called upon in
the order of the request to speak. Generally, a Council member may not be recognized
to speak subsequently until each Council member has had an opportunity to obtain the
floor. A Council member holding the floor may address a question to another Council
member and that Council member may, should they so choose, respond to the question
while the floor is still held by the Council member asking the question.
(e) Limits to Deliberations: Council members will limit their comments to the
subject matter or motion currently being considered. Council members will govern
themselves as to the length of their comments, and the Mayor shall act as the arbiter in
determining how long an individual Council member may speak on an item, and shall
apply the standard consistently and fairly. The intent of this policy is not to limit debate,
but rather to assist Council members in their efforts to communicate effectively and
concisely.
(f) Repetitious Comments Prohibited: A speaker or Council member shall not
present the same or substantially the same items or arguments to the City Council
repeatedly or be repetitious in presenting oral comments. A speaker or Council member
shall not present an argument on a matter previously considered by the City Council at
the same session.
(g) Obtaining the Floor: Any member of the City Council wishing to speak shall
first obtain the floor by making a request for the floor to the Chair. The Chair shall
recognize any Council member who appropriately seeks the floor.
(h) Motions: Motions submitted for a vote shall contain only one question. If two
or more points are involved, any member may require a division, if the question
reasonably allows for a division. Motions may be made and seconded by any member of
the City Council except the Chair. The most common motions are as follows:
1. Amending a motion. If a Council member wants to change a basic
motion, he or she would have to make a motion to amend it. A motion
to amend might be: "I move that we amend the motion to include the
changes we discussed to the Ordinance." A motion to amend seeks
to retain the basic motion on the floor (a motion made and
seconded), but to modify it in some way. It requires the agreement
of the person making the original motion, and this agreement shall
constitute the second required to amend the basic motion. No motion
to amend shall be allowed after a motion has been called for a vote.
No motion or proposition of a subject different from that under
consideration shall be admitted under color of amendment. A motion
to amend an amendment shall be in order, but one to amend and
amendment to an amendment shall not be in order. Any Council
member may move to amend a pending motion. No more than two
amendments may be made to a pending motion. The last
amendment shall be voted on first.
2. Motion to Reconsider. A motion to reconsider any action of the City
Council may be made, seconded, and voted on not later than the
next succeeding voting agenda meeting of the City Council. If
reconsideration of the council action has not been posted on the
council agenda for the meeting at which the motion to reconsider is
made, however, actual reconsideration of the item must be delayed
until the next voting agenda meeting after the posting requirements
of the Open Meetings Act are met. A motion to reconsider an action
of the City Council may only be made by a member who voted with
the prevailing side. It can be seconded by any member. No question
shall be twice reconsidered except by unanimous vote of the City
Council, except that action relating to any contract may be
reconsidered at any time before the final execution thereof.
3. The Previous Question. When the previous question is moved and
seconded, it shall be put as follows: "Shall the main question be now
put?" There shall be no further amendment or debate, but pending
amendments shall be put in their order before the main question. If
the motion for the previous question is lost, the main question
remains before the City Council. An affirmative vote of two-thirds of
the City Council members present shall be required to approve the
previous question. (To demand the previous question is equivalent
in effect to moving "that debate now cease, and the City Council
immediately proceed to vote on the pending motion." In practice, this
is done with the phrase "Call for the Question," or by simply saying
"Question.")
4. Motion to Table. This motion, if passed, requires discussion of the
agenda item to be halted immediately, and the agenda item to be
placed on hold. The motion may contain a specific time to bring the
item up again, or it may not specify a time. If no time is specified, the
item should be placed on the agenda at the following regularly
scheduled Council meeting.
5. Motion to Allow Public Comment. This motion, if passed, requires the
Chair to allow public comment even though a public hearing may not
be required under the law.
(i) Withdrawal of Motions. A motion may be withdrawn, or modified, by its
mover without asking permission until the motion has been stated by the chair. If the
mover modifies the motion, the seconder may withdraw the second. After the question
has been stated, the mover shall neither withdraw it nor modify it without the consent of
the City Council.
0) Appropriations of Money. Before formal approval by the City Council of
motions providing for appropriation of money, information must be presented to the City
Council showing the purpose of the appropriation and the account to which it is to be
credited. In addition, before finally acting on an appropriation, the City Council shall obtain
a report from the city manager as to the availability of funds and the city manager's
recommendations as to the desirability of the appropriation.
Sec. 2-72. - Discussion and Debate.
The basic rule of motions is that they are subject to discussion and debate. Accordingly,
the motion is eligible for full discussion by and before the City Council. Discussion and
debate can continue as long as the members wish to discuss it, or until the Chair decides
to end discussion and call a vote on the motion.
Sec. 2-73. — Procedures for Motions.
The following is the general procedure for making motions:
(a) A Council member who wishes to make a motion shall first obtain the floor.
(b) A Council member who wishes to second a motion shall do so through a
request to the Chair.
(c) The item is presented by Staff or others, followed by questions and
discussion by Council members.
(d) Before a motion can be discussed, it shall be seconded. If a motion does
not receive a second after a reasonable time, a Council member may call for a "point of
order," which mandates that the motion receives an immediate second, or it dies.
Sec. 2-74. - Continuance of Discussion or Hearings.
Any item being discussed or any public hearing at a City Council meeting may by motion
be continued or tabled to any subsequent meeting.
Sec. 2-75. - Communications with Applicants or Petitioners.
Any Council member's communication (written, e-mail, verbal, social media) with an
applicant or petitioner outside of a public meeting regarding contracts or rezoning that will
come to City Council for a decision must be disclosed in writing and provided to the City
Clerk prior to City Council discussion or deliberation of the action. Examples include but
are not limited to discussion with a property owner regarding his or her rezoning request,
or discussion with a vendor prior to bid award. Council members shall disclose the identity
of the person with whom they had the communication, the substance of the
communication, and the date on which the communication occurred. The communication
must be disclosed even if the Council member did not respond to the communication.
Disclosure shall be made prior to the City Council meeting at which the matter will be
considered.
Sec. 2-76. — Creation of Task Forces, Boards and Commissions.
(a) Task Forces: The Mayor may, as the need arises, authorize the
appointment of"ad hoc" Task Forces. Any committee so created shall cease to exist upon
the accomplishment of the special purpose for which it was created or when abolished by
the Mayor.
(b) Citizen Boards, Commissions, and Committees: The Mayor or Council may
create other Boards, Commissions and Committees to assist in the conduct of the
operation of the City government with such duties as the Mayor or Council may specify
not inconsistent with the City Charter or Code. Memberships and selection of members
shall be as provided by the Mayor or majority vote of the Council if not specified by the
City Charter or Code. Any Board, Commission, or Committee so created shall cease to
exist upon the accomplishment of the special purpose for which it was created, or when
abolished by the Mayor or a majority vote of the Council. No Committee so appointed
shall have powers other than advisory to the Council or to the City Manager, except as
otherwise specified by the Charter, Code, or Statute.
(c) Council Members as Liaison to Boards and Commissions: The Mayor shall
assign one or more Council members to serve as Liaisons to Boards, Commissions, and
other entities. No more than three council members, including the Mayor, may attend a
meeting of any Board or Commission unless the meeting is a joint City Council meeting
that complies with the Texas Open Meetings laws. The liaison or liaisons to a Board or
Commission have priority over any other council members who wish to attend. Other than
liaisons who have priority; attendance by a Council member at any Board or Commission
meeting is on a first come, first served basis.
(d) If a Council member who is a liaison to a Board or Commission knows he
or she will not be in attendance at a meeting, he or she should notify the Mayor as soon
as possible so that other Council members will have an opportunity to attend.
(e) Vote to Modify Action: The Council, by a vote of four members, may modify
any action taken by the Mayor under this section.
(f) Attendance at Public Functions: If the Mayor is unable to attend a public
function, the Mayor Pro Tern may attend. If both the Mayor and the Mayor Pro Tern are
unable to attend, the Mayor Pro Tern shall request another member of the Council to
attend.
Sec. 2-77. - Rules Suspension or Amendment.
(a) Suspension of Rules: Any provision of these rules not governed by the City
Charter or Code may be temporarily suspended by a majority vote of the Council. The
vote on any such suspension shall be taken by yeas and noes and entered upon the
records.
(b) Amendment of Rules: These rules may be amended, or new rules adopted,
by a majority vote of all members of the Council.
Sec. 2-78. — Severability.
If any section, subsection, paragraph, sentence, clause, phrase or word in this resolution
or application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance, and the City Council of the City of Wichita Falls, Texas, hereby declares
it would have enacted such remaining portions despite any such invalidity.
Sec. 2-79. — Decorum.
(a) During City Council meetings, Council members shall preserve order and
decorum, shall not interrupt or delay proceedings, and shall obey the rules of the City
Council. Council Members shall demonstrate respect and courtesy to one another, to City
Staff and to members of the public appearing before the Council. Council members shall
seek to phrase and communicate all writings, publications and speeches in a professional
and constructive manner.
(b) Members of the City Council will not condone any unethical or illegal activity
from any Council member or members of the Staff. All members of the Council shall
uphold the intent of this policy and govern their actions accordingly.
1 . Mayoral Responsibilities:
a. Chair. The Mayor shall serve as the Chair of all meetings. The
Mayor Pro Tern shall preside in the absence of the Mayor.
b. Preserve Order and Decorum. The Chair is responsible for
preserving order and decorum and shall keep the meetings
orderly by recognizing each Member for discussion,
encouraging civil debate among Members, and keeping
discussion limited to the agenda item being considered.
C. Encourage Participation. The Chair will encourage all Council
members to participate in Council discussion and give each
Member an opportunity to speak before any Member can
speak again on the same subject.
d. Official Spokesperson. The Mayor is the official spokesperson
for the Council on all matters unless absent, at which time the
Mayor Pro Tern or appropriate designee will assume the role.
The views presented by the Mayor, or the Mayor Pro Tern in
his/her absence, should provide equitable representation of
all Council members.
2. Council Responsibilities
a. Be Prepared. Each Council member is responsible for being
prepared to discuss the agenda.
b. Council Orientation. Each Council member who has been
newly elected to a non-contiguous term is required to attend
a Council member Orientation session presented by the City
Manager, complete mandatory Open Meetings and Public
Information Act training, and is encouraged to attend at least
one Texas Municipal League-sponsored conference each
year to stay informed on issues facing municipalities, as
funding allows.
C. Attendance. Attendance at work sessions and meetings is
essential to the effective execution of a Council member's
duties. It is the responsibility of Council members to be
informed about action taken by the City Council in their
absence. In the case of an absence from a work session, the
Council member is responsible for obtaining this information
by viewing the recording of the work session prior to the City
Council meeting during which the items are to be voted upon.
d. Decorum. When addressing an agenda item, the Council
member shall first be recognized by the Chair, shall confine
comments to the question under debate, shall avoid reference
to personalities, shall refrain from impugning the integrity or
motives of any other Council member or Staff Member during
debate or vote, and shall refrain from publicly implying or
insinuating wrong-doing by another Council member or Staff
Member without clear evidence of such behavior.
e. Appeal. Any Council member may appeal a procedural ruling
by the Chair to the Council as a whole. If the appeal is
seconded, the person making the appeal may make a brief
statement and the Chair may respond. An appeal may
generally be debated by the Members, but each Member may
speak only once. The affirmative vote of a majority of the
Council members present and voting shall be necessary to
approve the motion to appeal.
f. Enforcement of Policy. Any Council member may ask the
Chair to enforce the policy established by the Council. Should
the Chair fail to do so, a majority vote of the Council members
present shall require the Chair to enforce the policy.
g. Wait to be Recognized. A member of the Council who wishes
to be recognized shall request to speak, and shall not proceed
with remarks until recognized and named by the Chair of the
meeting. Remarks shall be confined to the question before the
Council.
h. No Private Discussions. While any other person who has been
recognized by the Chair is speaking, other members shall not
hold private discourse or in any manner interrupt the speaker.
In all discussions, disrespectful language and behavior shall
be avoided.
i. Duty to Vote. All Council members must vote either in the
affirmative or in the negative. A present member who does not
vote will be officially recorded as a negative vote. When a
Council member recuses oneself due to an actual or
perceived conflict of interest and files the required affidavit,
that Council member is not counted as present for quorum
purposes and is not deemed to be "voting" for purposes of
determining whether there has been a "majority vote of those
voting and present."
j. Third Party Representation. A Council member may not
represent any third party before any City board or
commission.
k. Personal Communication Devices. All personal
communication devices should be placed in a silent mode
during any City Council meetings. Personal communication
devices shall not be used for communicating City-related
business between Councilors during a City Council meeting.
If an individual is using his or her personal communication
device during a meeting and a member finds it disruptive, he
or she should inform the Mayor.
I. Dress Code. It is the policy of City Council to create a dignified
and professional environment for City Council meetings.
Therefore, all Council members shall dress in a professional
manner while attending a City Council meeting or work
session, or while representing the City in an official capacity
as a member of the City Council. Clothing that is distracting or
contains profanity shall not be allowed to be worn by a
member of Council at a City Council meeting.
3. Citizens' participation: The following rules shall be in force for all
persons in attendance at all meetings of Council:
a. Rules of Decorum. Persons attending City Council meetings
should observe the same rules of propriety, decorum and
good conduct as they would show in a courtroom, a place of
worship, or at any other serious or solemn occasion during
which matters of importance are being considered. Visitors
will refrain from engaging in chatter, private conversations,
and from making other distracting noises while the City
Council is in session. Phones and other electronic devices
should be set to off or silent mode. Visitors should not
applaud, boo, clap, or otherwise audibly express approval or
disapproval of the speech of another person in a manner likely
to disturb the meeting.
b. Address Chair. Persons may not engage in discussions with
the City Council or staff during Council deliberations unless
specifically asked a question by a Council member. Persons
who have been asked a question by a Council member must
be recognized by the Chair before being allowed to speak.
The Chair may end any question and answer session
between Council members and a member of the public in
order to facilitate the order of business.
C. Printed Materials. Persons may present printed material to the
City Clerk to distribute to the City Council during a meeting.
d. No Disruptions. Persons attending City Council meetings shall
remain seated or may stand in the back of the room and come
and go so long as it does not disrupt the meeting. Persons in
attendance shall not carry signs or placards. No person
attending any City Council meeting shall delay the
proceedings or refuse to obey the orders of the Chair.
e. Removal. Disturbances, transgressions of the rules or
disorderly conduct in the City Council Chamber or other City
Council meeting room may cause the transgressor to be
removed from the meeting. The Chair of the meeting shall
exercise control over persons who disrupt the meeting in the
following order of action:
i. Call the person to order, advising that person of the
infraction;
ii. Advise the person that the infraction must cease
immediately or the person will be ordered to leave the
meeting;
iii. Order the person to leave the meeting. A police officer may
remove an individual or individuals for disrupting a meeting
as authorized by Texas Penal Code Section 42.05.
f. Room Limitations. Persons are encouraged to attend Council
meetings; however, the number admitted shall be limited to
the fire safety capacity of the Council Chamber as determined
by the Fire Marshall or designee.
Sec. 2-80. - Staff Relations.
(a) Presentations. Staff presentations will be concise and will provide factual
background information on the item as well as a recommendation for the City Council.
Written presentations shall, to the extent possible, be provided to the City Council before
the meeting.
(b) Ask Questions in Advance. To ensure proper presentation of agenda items
by Staff, questions arising from Council members after receiving their information packet
should be, whenever possible, presented to the City Manager for Staff consideration prior
to the City Council meeting. This allows Staff the time to address Council members'
concerns and provide all Council members with additional information as necessary.
(c) Presentation Requirements. The City Manager shall designate the
appropriate Staff Member to address each agenda item and shall see that each
presentation is prepared and presented to inform and educate the City Council on the
issues that require City Council action. The presentation should be professional, timely,
and allow for discussion of options for resolving the issue. As a summary, the Staff
Member making the presentation shall make it clear if no City Council action is required,
or shall present the Staff recommendation as a part of the presentation, and/or present
the specific options for City Council consideration. Other than asking clarification
questions, City Council members should allow the Staff Member to complete his or her
presentation before discussing or debating the topic.
(d) Use of Staff Time. The City Manager is directly responsible for providing
information to the City Council concerning any inquiry by a specific Council member that
is significant in nature and would be beneficial to all Council members. If the City Manager
or the Staff's time is being dominated or misdirected by a Council member, it is the City
Manager's responsibility to inform the Mayor.
(e) Ethical Behavior Required. The City Manager will exhibit the highest
professional and ethical behavior. The City Manager is responsible for the professional
and ethical behavior and discipline of his/her Staff. The City Manager is also responsible
for ensuring that the Staff receives the training and information necessary to address the
issues facing municipal government.
(f) Respect and Courtesy. All Staff Members shall show one another, each
Council member, and the public respect and courtesy at all times. They are also
responsible for making objective, professional presentations to ensure public
understanding and confidence in the process.
(g) Conflicts. Any conflicts arising between the City Staff and the City Council
will not be allowed to affect the normal course of business, but will be addressed by the
Mayor and the City Manager outside of a public meeting.
(h) Council Orientation. The City Manager, after an election, will ensure that the
Staff has prepared information needed for the orientation of new Council members and
will also inform them of the Texas Municipal League's new Council member orientation
training opportunities.
Sec. 2-81. - Statements by Public Officials Regarding Litigation.
(a) When the City of Wichita Falls is involved in litigation or a legal dispute,
Council members shall refrain from commenting on settlements, appeals, or other issues
related to the subject until the matter is resolved.
(b) The, City Manager, City Attorney or designated Public Information Officer,
shall be authorized to provide any public responses or comments as needed on matters
involving potential claims against the City or anticipated or on-going litigation.
Sec. 2-82. - City Council Requested Information.
(a) City Council members seeking information or documents, or other data,
from Staff shall make those requests through the City Manager, City Attorney, or City
Clerk.
(b) Information, documentation or data requested by a Council member from
Staff shall be provided to all members of the City Council.
Sec. 2-83. — Council Agendas and Meetings.
(a) City staff will make all meeting notices, agendas, minutes, and supporting
documentation available to the City Council and to the public via the City's
official website. If supporting documentation is not available to the City
Council in advance of a workshop meeting, at City Council's discretion the
Council will be given two workshop sessions to discuss the item before it
moves to a business meeting for action.
(b) City Council meetings will be live streamed and archived in their entirety
and made available to the public via the City's official website.
Sec. 2-84. — Media.
(a) Since government is only successful when the citizens are kept informed
and educated about the issues facing their municipality, it is necessary that the media
play a role in the governmental process. It is through an informed public that progress is
ensured and good government remains sensitive to its constituents. These guidelines are
designed to help ensure fair relationships with all media reporters. The City Council and
the City Manager recognize that the media provides an important link between the City
Council and the public. It is desired to establish a professional working relationship to help
maintain a well-informed and educated citizenry.
(b) Media shall be welcome to attend all public meetings of the City Council.
(c) Media may be asked to occupy a designated area in some circumstances
but may generally locate in places open to the public.
(d) Media may not disturb the decorum or professionalism of City Council
meetings or work sessions.
(e) Media may contact the Mayor and City Council members directly.
(f) The Mayor is the primary spokesperson for the City on matters regarding
policy decisions or any City Council information pertaining to issues on the agenda. To
ensure fair treatment of an issue, any clarifications requested by the media on the issue
should be addressed after the meeting. When opposing positions have been debated,
regardless of the outcome, the public is better informed when all sides have adequate
coverage by the media. This lets the public know the item was seriously debated and
options discussed before a vote was taken, and helps build confidence in their
government. In respect to each City Council member and the citizens of the City, the
views presented by each City Council member should be given equitable representation.
Although Council members may express differing ideas, equitable representation helps
promote unity of purpose by allowing the public to be informed of each Council member's
position during his/her term of office and not solely during an election campaign.
(g) City Council members may not speak to media or the public on behalf of the
body; they may speak only as an individual member.
(h) To preserve the decorum and professionalism of City Council meetings, the
media are requested to refrain from talking with other people in the audience and to
conduct any interview with the public outside the meeting room while the City Council is
in session. Media interviews will not take place in City Council Chambers during a
meeting.
(i) Media wishing to speak to City staff are asked to comply with the Media
Policy developed by the City Manager.
Sec. 2-85. - Council May Discipline its Own Members.
(a) In the event a council member violates the Charter, these Rules, or any
other ordinance of the city, or acts in a manner that causes embarrassment or disgrace
to the City of Wichita Falls, the City Council on an affirmative vote of five (5) members,
may discipline the offending member. [Charter section 34].
(b) Progressive Discipline. The City of Wichita Falls City Council's progressive
discipline policy and procedures are designed to provide a structured corrective action
process to improve and prevent a recurrence of undesirable behavior and performance
issues. Outlined below are the steps of the Council's progressive discipline policy and
procedures. The City Council reserves the right to combine or skip steps depending on
the facts of each situation and the nature of the offense. Some of the factors that will be
considered are whether the offense is repeated despite coaching, counseling or training,
and the impact the conduct and performance issues have on the organization.
(c) Discipline of a Council member may only take place after an executive
session is held to discuss the offense. The offending member shall be present at the
executive session to answer any questions asked by members of the City Council or
make other statements as he or she may desire to make in his or her defense. If the
offending member refuses to attend the executive session, the remaining members of the
City Council may proceed in his or her absence. The outcome of the executive session
may be as follows and shall be made publicly in open session in accordance with the
Texas Open Meetings Act:
1 . No Action. The City Council chooses to take no action.
2. Issue a statement finding the complaint is unfounded, totally without
merit, brought for the purpose of harassment, or brought in bad faith.
3. Issue a letter of notification when the violation is unintentional. A
letter of notification shall advise the offending member of any steps
to be taken to avoid future violations.
4. Private Censure. The City Council may choose to privately censure
the offending member, leaving their comments to the offending
member left in the confines of the executive session.
5. Letter of Admonition. Issue a letter of admonition when the violation
is minor or may have been unintentional, but calls for a more
substantial response than a letter of notification.
6. Public Censure. The City Council may choose to publicly censure the
offending member through a resolution and entered into the public
record.
7. Suspension. The City Council may choose to suspend the offending
member from meetings, including executive sessions.
8. Forfeiture of Salary.
i. The City Council may choose to suspend the monthly salary
of the offending member for a designated period of time
commensurate with the seriousness of the offense.
ii. The Mayor or any Council member absent from a regular or
regularly called meeting of the city council, except on account
of his own illness, or illness in his immediate family, or
absence from the city where excused by the city council prior
to such absence, shall forfeit two percent (2%) of his entire
annual compensation for each such absence. [Charter,
Section 38].
9. Expulsion. The City Council may, with "consent of five-sevenths (5/7)
of all the members, expel a Council member." [Charter, Section 34].
(d) All records of Council discipline shall be kept by the City Clerk.
Secs. 2-86 — 2-105. Reserved.
DIVISION 3. SOCIAL MEDIA
Sec. 2-106. — Social Media.
The term "social media" refers to forms of electronic communication through which users
create online communities to share information, ideas, personal messages and other
content. Some examples include, but are not limited to, Internet-based platforms such as
Facebook, Twitter, Instagram and YouTube. Many local governments use social media
as a tool to communicate with citizens. Rather than waiting until a regularly scheduled
Council meeting to receive citizen input, City officials are able to instantly interact with
them via social media. Although this technology greatly increases communication
outreach and efficiency, some restrictions are required in order to comport with federal
and state law.
Sec. 2-107. - Commenting on City Accounts.
(a) The City of Wichita Falls uses social media to send and receive messages
about city information, services and related programs with community stakeholders,
including employees, vendors, citizens, media and other members of the public.
(b) Elected officials should understand the City's current guidelines for public
participation, which are subject to change as new technology and tools emerge.
(c) Public comments may be removed from City-administered social media
accounts if they contain any one or more of the following-
1. Vulgar, physically threatening or harassing language.
2. Content that promotes, fosters, or perpetuates discrimination on the
basis of race, religion, gender, marital status, familial status, national
origin, age, mental or physical disability, sexual orientation, gender
identity, source of income or other protected status under applicable
law.
3. Inappropriate sexual content or similar links.
4. Private or otherwise confidential information.
5. Content that promotes illegal activity or encouragement of actions
that may compromise public safety.
6. Content that violates a legal ownership interest of any other party.
7. Comments not topically related to the original article or post.
8. Comments in support of or opposition to political candidates,
campaigns or ballot measures during an election season.
9. Promoting or advertising a commercial transaction, organization or
event that is not sponsored or in direct relationship with the City.
10. Organized political activity.
11. Information that may compromise the safety or security of the public
or public systems.
Sec. 2-108. - Use of Personal Accounts.
(a) As a policy-making body, City Council members are given more latitude
than City employees to publicly express thoughts and opinions on local issues. However,
as an elected official, Council members should be aware of additional risks related to their
general participation on social media.
(b) Open Meetings Act — Communications between a quorum of Council
members about public business, no matter the forum or time, can constitute a "meeting"
to which the Texas Open Meetings Act applies. If the Act applies to a discussion, an
agenda must be posted 72 hours in advance, and the public must be allowed to attend.
Therefore, City Council members should consider the following when using personal
social media accounts:
1. Remove elected titles from profiles used to identify a personal social
media account, and clearly state how constituents should
communicate regarding public matters.
2. Include an introductory statement in the profile or about section of
the account that defines the purpose and topical scope of the page:
"This account is intended for personal use only. The views, postings,
positions or opinions expressed on this site are my own and do not
represent those of the City of Wichita Falls. If you are a citizen of
Wichita Falls and would like to discuss city business, please go to
[official page] or contact me at [official email]."
3. Redirect information to official government sources and avoid
making posts related to Council member's official duties or
governmental bodies.
4. Redirect political dialogue requests to an alternative means of
communication (i.e. email, phone or other preferred social media
account).
5. Avoid commenting on local issues where other Council members are
also participating in discussion.
6. Avoid making posts and/or comments on behalf of the City and/or
the City Council.
7. Avoid making posts and/or comments in an official capacity as an
elected official.
8. Avoid making posts and/or comments regarding City business.
(c) Public Information Act — State law clarifies the definition of "public
information" as information that is written, produced, collected, assembled, or maintained
in connection with the transaction of official business, which includes email, Internet
posting, text message, instant message, and other electronic communication. Therefore,
City Council members should consider the following-
1. Hide, rather than delete, clearly inappropriate public comments on
their personal or official social media account, if possible. In some
cases, these comments may still be subject to verification or public
disclosure in the future. When in doubt, do not delete it.
2. Avoid responding to inappropriate comments or personal attacks on
social media. If the commenter persists, redirect them to an alternate
method of communication (i.e., email).
3. Be aware that a personal social media account, depending on its
content, may still be subject to the Public Information Act.
(d) First Amendment — More constituents are posting comments on elected
officials' personal pages to voice concerns on public issues. Once an elected official's
social media page is opened for political discussion, it may be transformed into a limited
public forum for speech and debate, instantly granting every user a First Amendment right
to comment.
Therefore, City Council members should consider the following-
1. Limit open-ended political and City business discussions from
personal social media accounts and redirect dialogue requests to an
alternate channel.
2. When in doubt, don't block users, especially those with whom a
Council member has previously engaged. Consult with legal
counsel before blocking any users and document all actions and
reasons for blocking.
Sec. 2-109. - Use of Official Accounts.
If City Council members choose to create a social media account to engage with
constituents, a best practice is to keep this account distinct and separate from other
personal accounts that elected official maintains. City Council members increasingly use
social media for reelection purposes as well. However, mixing campaign and constituent
communications from the same account could put Councilors at risk for violating laws that
prohibit using government resources for political purposes.
Therefore, City Council members should consider the following:
(a) Make it official — The account profile, description and photo should clearly
indicate an elected official's position as a member of the Wichita Falls City Council and
his or her intent to use the account as a way of communicating with constituents.
(b) An Elected Official's account may be a limited public forum and must be
open to the public. -- Engagement with the public on social media as an elected official
establishes that platform as a limited public forum, which affords users the right to
comment on published content. It also means that any speech restrictions or censorship
is subject to strict scrutiny, and First Amendment activities generally may not be
prohibited. Postings by elected officials in their capacities as City Council members and
comments on such postings, constitute a public record and should not be deleted.
(c) Prohibited content is defined by City policy — For consistency, elected
officials should consider managing prohibited content on their accounts in the same way
City-administered accounts are managed.
(d) Campaign separately — Council members in office should not use City
administered or funded social media accounts for electioneering. It is equivalent to
campaigning from the dais during a public meeting, which may violate state law.
(e) Involve legal counsel — If elected officials are unsure about publishing
certain content, or feel justified in the removal of content, involve legal counsel before
making a decision.
Sec. 2-110. - General Guidelines.
(a) Be transparent — Honesty will be quickly noticed in the social media
environment. If an elected official's private sector work could present a conflict of interest,
he or she should be the first to acknowledge it. Elected officials should be clear about
why they support, or don't support, certain policies or programs.
(b) Be judicious — Elected officials should make sure their efforts to be
transparent do not violate any applicable legal guidelines for external communication.
Consult with legal counsel before sharing conversations that are meant to be private or
internal to the City or any other public entities. What is published is widely accessible, not
easily retractable, and will be around for a long time, so consider the content carefully.
Also, be aware that the social media account and anything published on that social media
account may be subject to the Public Information Act.
(c) Be knowledgeable and factual — Elected officials should write in first-person
and consider linking to their information sources. If publishing to a website outside of the
City, consider using a clarifier such as: "These comments and opinions reflect my position
as one member of the Wichita Falls City Council." If elected officials have any questions
about complying with brand, trademark, copyright, fair use, confidentiality, or financial
disclosure laws, seek an opinion from legal counsel.
(d) Be perceptive — In online social networks, the lines between public and
private, personal and professional are often blurred. By identifying themselves as elected
officials, Council members are creating perceptions about their expertise and the City.
Council members should be sure that all content associated with them is consistent with
the City's values and professional standards.
(e) Be excited — The City is making important contributions to the community,
state and nation, as well as to public dialogue on a broad range of issues. The City's
activities are focused on providing services and innovation that benefits citizens and
stakeholders. Share what Wichita Falls is learning and doing, and open up social media
channels to learn from others.
(f) Be valuable — There is a lot of written content in the social media
environment. The best way to reach an audience is to write about things that they value.
Social communication from City leaders should help citizens, partners and families. It
should be thought-provoking and build a sense of community. If it helps people improve
knowledge or skills, build their businesses, do their jobs, solve problems, or understand
the City better, then it adds value.
(g) Be responsible — What a City Council member writes is ultimately their
responsibility. If City Council members are about to publish something that makes them
even the slightest bit uncomfortable, they should not publish. If Council members are still
unsure, they might want to check with the Public Information Officer or legal counsel.
Ultimately, what Council members publish is theirs, but so is the responsibility and
potential consequence.
(h) Mistakes happen — City Council members should acknowledge when they
make a mistake. They should be upfront and quick to correct the mistake. If Council
members are posting to a blog, they can choose to modify an earlier post. Make it clear
that modifications have been made.
Sec. 2-111. — Other.
(a) The City of Wichita Falls logo is copyrighted. It may only be used for official
City business and may not be used on campaign materials or for personal business. Use
of the City's official logo is governed by Policy No. 41, "Logo Use Policy."
(b) The Mayor, as the ceremonial head of the City, is the issuer of
proclamations, certificates, awards, City coins, etc. on behalf of the City of Wichita Falls.
City Council members wishing to bestow such honors shall request the Mayor to issue
and present.
(c) The Mayor may sign letters and petitions making requests or stating
positions on behalf of the City so long as they do not conflict with a City Council decision
or directive.
(d) Dedication plaques placed on City buildings shall include the names of the
Mayors and City Council members who served from the time funding was budgeted for
the project through completion.
Sec. 2-112. - Records Retention.
(a) Because of a City Council member's position as an elected official, activity
on their social media accounts may create public records. Any content (messages, posts,
photographs, videos, etc.) created or received using a social media account may be
considered a record. Therefore, Council members should consider the following:
1 . The City does not archive or manage Council member social media
accounts. Council members are solely responsible for the retention
and archival of content published to their individual accounts.
2. When in doubt, Council members should not delete content without
consulting with legal counsel first.
(b) Social media content administered by City employees, and intended for
public access and comments, will follow a minimum retention period of two years, as
established by the Texas State Library and Archives Commission. This includes Council
member comments posted on City accounts.
Sec. 2-113. — Definitions.
For the purposes of this policy, unless otherwise stated, the following definitions apply:
(a) Comment — a message posted by site visitors, either in response to an
existing topic or introducing a new topic. In general, the content of comments is controlled
solely by the user, but often can be deleted, accepted or rejected prior to publishing by
the site or page administrator.
(b) Connections — Any deliberate links between a user and a social media
channel or page, whether it is initiated by the individual or by the site moderator. Terms
used by various sites to describe a connection include friend, fan, follower or subscriber.
(c) Limited forum — a public forum created by the government voluntarily for
expressive activity that may be restricted as to subject matter or class of speaker. Forum
restrictions must be able to withstand strict judicial scrutiny of its effect on First
Amendment rights.
(d) Post — In relation to social media accounts or online activity, anything
published in an online forum or social media account.
(e) Social media — Internet based third-party platforms that facilitate interaction
and engagement among individuals in a network or virtual community. Social media offers
a participatory environment and includes user-generated content such as videos, photos,
videos, blogs, and wikis.
Sec. 2-114. - Violation of Policy.
This policy is not meant to circumvent or bypass any of the other processes, policies or
laws that are applicable to the City Council. Social media activity and conduct by Council
members should not only comply with these policy terms, but all other processes, policies
and laws that may apply as well.
Sec. 2-115. - Policy Updates.
The City Council reserves the right to update these terms of use at any time.
Secs. 2-116 — 2-135 - Reserved.
DIVISION 4 - COUNCIL CODE OF ETHICS
Sec. 2-136. - Purpose.
It is hereby declared to be the policy of the City that the proper operation of democratic
government requires that public officials be independent, impartial and responsible only
to the people of the City; that no officer shall permit any interest, financial or otherwise,
direct or indirect, or engagement in any business, transaction or professional activity to
conflict with the proper discharge of such person's duties in the public interest; that public
office not be used for personal gain; and that the City Council at all times shall be
maintained as a nonpartisan body. To implement such a policy, the City Council deems
it advisable to enact a Code of Ethics for officials, as defined in this article, whether
elected or appointed, paid or unpaid, to serve not only as a guide for official conduct of
the City's public servants, but also as a basis for discipline for those who refuse to abide
by its terms, the overriding interest being that such officers of the City shall at all times
strive to avoid even the appearance of impropriety.
Sec. 2-137. - Title; Application.
(a) This section shall be known as the Code of Ethics;
(b) This Code of Ethics shall apply to all officials as defined in this article,
including members of the City Council.
(c) This Code of Ethics does not apply to employees, including those
individuals employed on a full-time, part-time or internship basis (including those who may
serve on a City board, committee or commission) nor to independent contractors of the
City. The standards of conduct for employees are governed by the City of Wichita Falls
Personnel Policies and the City Charter.
(d) This Code of Ethics applies to the conduct or actions of public officers, as
defined in this article which occurs in whole or in part after the date of adoption of this
article.
(e) This Code of Ethics applies to officials only while such persons hold such
position or office.
Sec. 2-138. - Definitions.
The following words, terms, and phrases, when used in this Section, shall have the
meanings ascribed to them in this Section, except where the context clearly indicates a
different meaning.
Benefit means anything reasonably regarded as pecuniary or economic gain or
pecuniary or economic advantage, including benefit to any other person in whose welfare
the beneficiary has a direct and substantial interest.
Business entity means any person, entity, corporation (whether for-profit or nonprofit),
general or limited partnership, sole proprietorship, joint venture, unincorporated
association or firm, institution, trust, foundation, holding company, joint-stock company,
receivership, or other entity recognized by law, whether or not organized for profit, which
has an economic interest, or seeking such, in conducting business with the City. Business
entity also includes any business entity that represents a party conducting or seeking to
conduct business with the City.
City means the City of Wichita Falls, Texas.
City Council means the governing body of the City.
Confidential information means any information to which an official has access in such
person's official capacity which may not be disclosed to the public except pursuant to
state and/or federal law and which is not otherwise a matter of public record or public
knowledge. Confidential information includes the following information, however
transmitted: (i) any information from a meeting closed to the public pursuant to the Texas
Open Meetings Act or other law regardless of whether disclosure violates the Texas Open
Meetings Act or Texas Public Information Act; (ii) any information protected by attorney
client, attorney work product, or other applicable legal privilege; and (iii) any information
deemed confidential by law.
Contract means any lease, claim, account or demand against or agreement with any
entity or person, whether express or implied, executed or executory, oral or written.
Vendor is any person who enters or seeks to enter into a contract with the City. The term
includes: (1) an agent of a vendor; (2) an officer or employee of a state agency when that
individual is acting in a private capacity to enter into a contract; and (3) Texas Correctional
Industries (but no other state agency).
Corporation means any corporation that has a board of directors appointed in whole or
in part by the City Council that is operating under the direct authority of or subject to the
direct control of the City Council.
Employee means any person employed by the City, including those individuals on a part-
time or internship basis, but does not include independent contractors.
Gift means anything of value, regardless of form, offered or given in the absence of
adequate and lawful consideration. It does not include the receipt or acceptance of
campaign contributions which are regulated by federal, state, and/or local laws or
ordinances.
Knowingly means a person acts knowingly, or with knowledge, with respect to the nature
of the person's conduct or to circumstances surrounding the conduct when the person is
aware of the nature of the conduct or that the circumstances exist. A person acts
knowingly, or with knowledge, with respect to a result of the person's conduct whether
the person is aware that the conduct is reasonably certain to cause the result.
Officer or official means any member of the City Council, City employee appointed by
the City Council, and any appointed member of a City board, commission or committee
established by ordinance, Charter, State law or otherwise, on a temporary or permanent
basis, operating either under the direct or indirect authority or subject to either the direct
or indirect control of the City Council. This includes all Boards and Commission under the
direct authority of the City or City Council and also the following:
1 . 4A Wichita Falls Economic Development Corporation
2. 4B Sales Tax Corporation
3. Airport Board of Adjustment
4. Construction Board of Adjustment and Appeals
5. Employee Benefits Trust Board
6. Firefighters and Police Officers' Civil Service Commission
7. Metropolitan Planning Organization
8. Planning and Zoning Commission
9. All Tax Increment Financing Boards
10. Zoning Board of Adjustment
Relative means any person related to an officer within the second degree by
consanguinity or affinity. This relationship includes the spouse, parents, children,
stepchildren, father and mother-in-law, or son and daughter-in-law, grandparents,
grandchildren, sisters and brothers of the officer.
Special privileges means a right, advantage or favor of or for a particular person,
occasion or purpose not otherwise available to others.
Substantial interest means (i) the ownership of five (5) percent or more of the voting
stock or shares of a business entity; (ii)the ownership of five (5) percent or more, or fifteen
thousand dollars ($15,000.00) or more of the fair market value of a business entity; or (iii)
funds received from the business entity exceed five (5) percent of the person's gross
income for the previous year, and action on the matter involving the business entity will
have a special economic effect on the business entity that is distinguishable from the
effect on the public.
It is expressly provided herein that an investment or ownership in a publicly held company,
in an amount less than fifteen thousand dollars ($15,000.00) does not constitute a
substantial interest. Substantial interest in real property means the person has an interest
in the real property that is equitable or legal ownership with a fair market value of two
thousand five hundred dollars ($2,500.00) or more; and it is reasonably foreseeable that
an action on a matter involving the real property will have a special economic effect on
the value of the real property distinguishable from its effect on the public. (Ownership
includes any partnership, joint or corporate ownership or any equitable or beneficial
interest as a beneficiary of a trust.) An officer is considered to have a substantial interest
under this Code of Ethics if a person related to the officer in the second degree of
consanguinity or affinity has a substantial interest under this Code of Ethics.
Sec. 2-139. - Standards of Conduct.
(a) No member of the City Council or a relative thereof shall:
1 . Have a financial interest, direct or indirect, in any contract with the
City, nor shall they have a financial interest in a written subcontract
with a contractor who is working for the City on a City Project.
2. Have a financial interest, directly or indirectly, in the sale to the City
of any land, or rights or interest in any land, materials, supplies or
service. The "financial interest" contemplated under this section
requires that such person receive an actual financial benefit from the
transaction with the City. An actual financial benefit from the
transaction shall include:
i. An ownership in the entity transacting business with the City
where the ownership interest is more than five (5) percent.
ii. Compensation as an employee, officer or director of the entity
transacting business with the City where such compensation
is affected by the entity's transaction with the City.
3. Fail to disclose relationships with vendors who conduct business with
the City. A City officer must file a "Conflicts Disclosure Statement"
with the City Clerk in three specific situations:
i. If the officer or officer's family member has an employment or
other business relationship with a vendor that results in the
officer or officer's family member receiving taxable income of
more than $2,500 in the preceding twelve months. An officer
who receives investment income, regardless of amount, is not
required to file a disclosure statement. Investment income
includes dividends, capital gains or interest income gained
from a personal or business checking or savings account or
other similar account, a personal or business investment, or a
personal or business loan. [Texas Local Government Code
Sec. 176].
ii. If the officer or officer's family member accepts one or more
gifts from a vendor with an aggregate value of more than $100
in the preceding twelve months. (A "gift" includes
transportation, lodging, and entertainment, even as a guest.)
[Texas Local Government Code, Sec. 176].
iii. If the officer has a family relationship with the vendor. [Texas
Local Government Code, Sec. 176].
4. Participate in a vote or decision on any matter in which the officer
has a substantial interest.
5. Represent or appear in behalf of private interests of others before
the City Council, or any agency, board, commission, corporation, or
committee of the City, nor shall represent any private interests of
others in any action or proceeding involving the City, nor voluntarily
participate on behalf of others in any litigation to which the City is, or
might be, an adverse party. The restrictions of section (c) do not
prohibit an officer, or relative of an officer, who is the president, vice
president or officer of a homeowners' association from appearing
before the City Council, or any agency, board, commission, or
committee of the City to represent such homeowners' association,
except that no such officer or relative of such officer shall appear
before the agency, board, commission or committee of the City of
which such officer is a member.
6. Accept any gift from any person that might reasonably tend to
influence such officer in the discharge of such person's official duties.
The prohibition against gifts shall not apply to:
i. A lawful campaign contribution;
ii. An honorarium in consideration for services unless the officer
would not have been asked to provide the services but for the
officer's position;
iii. Meals, lodging, transportation in connection with services
rendered by the officer at a conference, seminar or similar
event that is more than merely perfunctory;
iv. Complimentary copies of trade publications and other related
materials;
V. Attendance at hospitality functions at local, regional, state or
national association meetings and/or conferences;
vi. Any gift which would have been offered or given to the person
if such person was not an officer or employee of the City;
vii. An occasional item with a value less than fifty dollars ($50.00);
viii. Tee shirts, caps and other similar promotional material;
ix. Meals, transportation and lodging in connection with a
seminar or conference at which the officer is providing
services;
X. Gifts on account of kinship or a personal, or professional, or
business relationship independent of the officer's status;
xi. Complimentary attendance at political or charitable fund
raising events; and
xii. Meals, lodging, transportation, or entertainment furnished in
connection with public events, appearances or ceremonies
related to official City business, if furnished by the sponsor of
such public events.
7. Use such person's official position to secure special privileges or
benefits for such person or others.
8. Grant any special consideration, treatment or advantage to any
citizen, individual, business organization or group beyond that which
is normally available to every other citizen, individual, business
organization or group.
9. Disclose confidential information.
10. Engage in any outside activities which will conflict with or will be
incompatible with such person's official position or duties as an
officer of the City.
11. Use City supplies, personnel, property, equipment or facilities
(whether tangible or intangible) for any purpose other than the
conduct of official City business, unless otherwise provided for by
law, ordinance or City policy.
12. Act as a surety on any official bond required for any officer or
employee of the City, or for a business that has a contract, work or
business with the City.
(b) Any willful violation of this section shall constitute malfeasance in office, and
any member of the City Council, officer, or employee found guilty thereof shall thereby
forfeit his office or position. Any violation of this section with the knowledge, expressed or
implied, of the person or corporation contracting with the city, shall render the contract
involved voidable by the city manager or City Council. [Charter, Section 132].
Sec. 2-140. -Additional Standards.
(a) No member of the City Council who is on the board of a nonprofit
organization may vote on any funding request by that nonprofit organization, unless the
nonprofit organization has a board of directors or trustees appointed in whole or in part
by the City Council.
(b) With the exception of those proceedings allowed under this article, no
member of the City Council shall personally appear in such person's own behalf before
the City Council, or any City board, commission, corporation or committee but may
designate and be represented by a person of such person's choice in any such personal
matter.
(c) No member of the City Council, the City Planning and Zoning Commission,
Board of Adjustment, Airport Board of Adjustment, or Construction Board of Adjustment,
shall participate in, or vote on, any land use matter in which such officer has a substantial
interest in any real property within two hundred (200) feet of the real property, the subject
of the land use matter. For purposes of this section 2-5 (c) "land use matter" shall mean
zoning, plat approval, site plan or other development approvals or permits, variances or
exceptions. The term "land use matter" does not include studies or similar matters that
are for the benefit of the city and which are not unique to real property within two hundred
(200) feet of the real property, the subject of the land use matter, in which the officer has
a substantial interest.
Sec. 2-141. - Political Patronage.
(a) No person in the administrative services of the city shall directly or indirectly
solicit or receive, or be in any manner concerned in soliciting or receiving any assessment,
subscription or contribution for any political party or purpose whatever. No person shall
orally or by letter solicit or be in any manner concerned in soliciting any assessment,
subscription or contribution for any political party or purpose from any person holding a
position in administrative service of the city. [Charter section 133].
(b) No person shall use or promise to use his influence or official authority to
secure any appointment, or prospective appointment, to any city position as a reward or
return for personal or partisan political service. No person shall take a part in preparing
any political assessment, subscription or contribution with the intent that it shall be sent
or presented to or collect from any person in the service of the city and no person shall
knowingly send or present, direct or indirectly, in person or otherwise, any political
assessment, subscription or contribution to, or request its payment by any person in such
service. [Charter, Section 133]. Any person who shall willfully or through culpable
negligence violate this provision shall be guilty of a misdemeanor and shall on conviction,
be punished by a fine of not more than two hundred dollars ($200.00). No such person
shall be appointed to any position in the service of the city and if he be an officer or
employee of the city he shall immediately forfeit his office or employment. [Charter,
section 133].
Sec. 2-142. - Political Partisanship.
(a) No person about to be appointed to any position in the service of the city
shall sign or execute a resignation, dated or undated, in advance of such appointment.
No person in the service of the city shall discharge, suspend, lay off, reduce in grade or
in any manner change the official rank or compensation of any person in such service, or
promise or threaten to do so, for withholding or neglecting to make any contribution of
money or service, or any other valuable thing, for any political purpose. [Charter section
134].
(b) No person in the service of the city shall use his official authority or influence
to coerce the political action of any person or body, or to interfere with any nomination or
election to public office. [Charter section 134].
(c) No person holding an appointive office or place under the provisions of this
Charter shall act as an officer of a political organization or take any active part in a political
campaign, or service as a member of a committee of any such organization, or circulate
or seek signatures to any petition provided for by this Charter, or by the primary or election
laws of the state, other than an initiative or referendum petition, or act as a worker at the
polls in favor of or opposed to any candidate for nomination or election to a public office,
whether federal, state, county or municipal. [Charter, Section 134]. Any person who shall
willfully or through culpable negligence violate this provision shall be guilty of a
misdemeanor and shall on conviction, be punished by a fine of not more than two hundred
dollars ($200.00). No such person shall be appointed to any position in the service of the
city and if he be an officer or employee of the city he shall immediately forfeit his office or
employment. [Charter section 134].
Sec. 2-143. - Duel Office Holding.
(a) No member of the City Council shall, during the term for which he is elected,
be appointed to any city, county, or state office or employment for which he would be paid
compensation or which would create the possibility and/or appearance of conflicts of
interest, which would be determined by the City Council. [Charter section 136].
(b) Any appointive officer or employee of the city (except policemen and
firemen), shall forfeit his office or employment if he shall be elected to any public office, if
his holding of the elective office could create the possibility and/or appearance of conflicts
of interest, or if it might materially interfere with his loyalty, efficiency and effectiveness as
an officer or employee of the city, which would be determined by the city manager.
[Charter section 136].
Sec. 2-144. - Disclosure of Substantial Interest.
Any officer, who has a substantial interest in any matter pending before the body, board,
commission, corporation or committee of which the officer is a member, before a vote or
decision on such matter, shall file an affidavit stating the nature and extent of the
substantial interest, and shall abstain from further participation in such matter. The
affidavit shall be on a form provided by the City and must be filed with record keeper for
such body, board, commission, corporation or committee.
Sec. 2-145. - Confidential Information.
(a) Items discussed in Executive Session are to remain private and confidential.
Disclosing any information (including disclosure of documents presented in executive
session) is contrary to a council member's fiduciary obligation to the City and a violation
of the Rules of Order. Except as provided by law, no officer, staff member or legal counsel
may discuss or reveal the proceedings of an Executive Session to persons not present
during the Executive Session. In the event an elected official is absent from the Executive
Session the Mayor, the City Manager or the City Attorney may brief the elected official
who was absent from the meeting on the discussion.
(b) Attorney client communication, both verbal and written, are confidential.
Except as provided by law, no officer, staff member, or legal counsel may discuss or
reveal in any manner, information protected by the attorney client privilege.
Sec. 2-146. — False Statement Made Verbally, in Writing or on Social Media or via
Texts or Emails regarding a City Issue or use of City Funds
(a) False or misleading statement. The Mayor and City Council members
shall not make false or misleading verbal, written, or electronic statements to the public
regarding a City issue or use of City funds. A false statement is when it is not true,
regardless of whether or not the speaker knows that it is false. A misleading statement is
when it gives a false impression, is uninformative, unclear, or deceptive. This does not
include statements or opinions made as to purely personal or private matters.
(b) Notice of Correction. Should the City Manager and City Attorney issue to
an offending City Councilor an "Official Notice of Correction," then that Councilor shall
refrain from making, either verbally or written, such false or misleading statements again.
Additionally, once the offending Councilor has been issued an "Official Notice of
Correction," he or she shall remove the false statement wherever it was posted or issue
a retraction or clarification.
Sec. 2-147. - Complaints against officers.
(a) All complaints or allegations of a violation of this Code of Ethics against an
officer shall be made in writing on a form provided by the City, sworn to before a notary
public, and filed of record with the City Clerk. Such complaint shall describe in detail the
act or acts complained of and the specific section(s) of this Code of Ethics alleged to have
been violated. A general complaint lacking in detail shall not be sufficient to invoke the
investigation procedures contained herein; and anonymous complaints shall not be
considered. The City Clerk shall provide a copy of the complaint to the affected officer
and the City Council, and immediately refer the complaint to the City Attorney, who shall
initially review the complaint to determine if the complaint contains sufficient detail and
alleges a violation of the Code of Ethics. The affected officer may file a written response
to the complaint within seven (7) business days after the complaint is filed with the City
Clerk, who shall forward the response, if any, to the City Attorney.
(b) The City Attorney shall submit a written report to the City Council as soon
as possible but not later than fifteen (15) business days after the receipt of the complaint,
unless an extension is granted by a majority of the non-implicated City Council members.
The City Attorney may contact the complainant, interview witnesses and examine any
documents necessary for the report. Such report shall be comprehensive and explain in
detail all facts, findings, and conclusions in support of the City Attorney's opinion as to
whether or not a violation of this Code of Ethics occurred. When the City Attorney receives
a vague complaint or one lacking in detail, the City Attorney shall contact the complainant
to request a written clarification. The complainant has seven (7) business days to provide
the City Attorney with the written clarification. If the complainant fails to provide the City
Attorney with written clarification, or if after written clarification is provided, it is the opinion
of the City Attorney that the complaint is insufficient in detail and/or fails to allege a prima
facie violation of the Code of Ethics, a written report to that effect shall be submitted to
the City Council. If a clarification is received, the City Attorney shall have fifteen (15) days
from the date of receipt of the clarification to submit a report to the City Council. If the City
Attorney determines that a criminal violation may exist, the City Attorney shall refer the
matter to the appropriate law enforcement agency.
(c) If it is determined by the City Attorney that the facts as alleged could
constitute a violation of this Code of Ethics, then the City Attorney shall, within fifteen (15)
business days after receipt of the complaint, notify the Mayor and City Council members
of the existence and nature of the complaint. The City Council shall cause a meeting to
convene, whether regular or special, within twenty (20) business days after being so
notified by the City Attorney to further consider said complaint in executive session with
Mayor or any three (3) members of the City Council (excluding the Mayor) causing such
a meeting to be convened. In any event, the City Attorney shall immediately proceed to
fully investigate the alleged improprieties. For purposes of this investigation, the City
Attorney shall have all of the powers of investigation as are given to the City Council by
reason of the City Charter and shall report back to the City Council as soon as possible
but in no event more than fifteen (15) business days from the date of notification of the
City Council unless an extension is granted by the City Council. Said report shall be
comprehensive and explain in detail all facts, findings and conclusions in support of the
City Attorney's opinion as to whether a violation of this Code of Ethics occurred.
(d) The City Council shall consider the complaint and the City Attorney's report
at an executive session of the City Council. The affected officer may request that the
complaint be considered in a public meeting. At such meeting, the City Attorney shall
present a written report to the City Council describing in detail the nature of the complaint
and the City Attorney's findings and conclusions as to a possible violation of this Code of
Ethics. The affected officer shall have the right to a full and complete hearing before the
City Council with the opportunity to call and cross-examine witnesses and present
evidence in such person's behalf. The non-implicated City Council members in
attendance shall conduct a hearing and review the complaint. The City Council may reject
the complaint or take action authorized under this policy.
(e) No action or decision with regard to the complaint shall be made except in
a meeting which is open to the public.
(f) The City Council may appoint outside legal counsel, or may direct the City
Attorney to appoint outside legal counsel, or the City Attorney in the City Attorney's
discretion, may appoint outside legal counsel, to perform the duties and responsibilities
of the City Attorney under subsection (b), (c) and (d) of this Section.
(g) A complaint or allegation of a violation of this article may only be made
against an officer while such person holds such position or office. A complaint made
against an officer pursuant to this Section shall be processed and resolved even if such
person resigns from, or ceases to hold such position or office, prior to resolution of the
complaint.
(h) In the event that a complaint is made against the City Attorney for an alleged
violation of these Codes of Ethics, the procedures of this section will be followed, except
that the investigation and reporting responsibilities of the City Attorney will be performed
by the City Manager.
Sec. 2-148. — Disciplinary Action
Violations of the Council Code of Ethics may result in the City Council taking disciplinary
action pursuant to Sec. 2-85, "Council May Discipline its Own Members."
Sec. 2-149. - Interpretation of Content.
Any officer may request and the City Attorney shall issue, a verbal or written opinion (as
deemed appropriate) concerning the meaning or effect of any section, word, or
requirement of this Code of Ethics as it affects such person.
Sec. 2-150. - Review.
The City Council may amend this policy as necessary."
2. This Ordinance shall become effective on the 21st day of June, 2019.
3. This Ordinance is prospective and is not applicable to any actions (unless
prohibited by law) taken before the effective date.
4. Resolution 105-2013 and all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
5. It is the intention of the City Council of the City of Wichita Falls, Texas, that
the provisions of this ordinance shall become a part of the Code of Ordinances of the City
of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or
relettered to accomplish such intention.
6. Should any word, phrase, paragraph, section or portion of this ordinance or
the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
PASSED AND APPROVED this the 21st day of May, 2019.
A Y O R
ATTEST:
City Clerk
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PROOF OF PUBLICATION
Ordinance No. 17-2019
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