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Res 090-88 5/3/1988RESOLUTION NO. ` - RESOLUTION APPROVING ORIENTATION HANDBOOK FOR MEMBERS OF THE CITY COUNCIL, BOARDS AND COMMISSIONS, 1988. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Orientation Handbook for Members of the City Council, Boards and Commissions, 1988, a copy of which is on file with the City Clerk, is hereby approved. PASSED AND APPROVED this the 3rd day of May, 1988. ATTEST: 0, City Clerk ail � f--A �v3,DMItNISTRATION J ,Q. � C =TY OF W =CH2TA () = NTER —OFF 2 CE MEMORANDUM TO: Ruth Ann Allred FROM: H. P. Hodge, Jr., City Attorney SUBJECT: Orientation Handbook for Members of the City Council, Boards and Commissions. DATE: April 18, 1988 Attached is a final draft of the Orientation Handbook requested by you. -:Z,-/ —211' . � "A, H. P. r Hod City City Atto HPH /lt Attachment xc: Mayor City Council City Manager CITY OF WICHITA FALLS ORIENTATION HANDBOOK FOR MEMBERS OF THE CITY COUNCIL, BOARDS AND COMMISSIONS OEM I. II. III. IV. V. VI. VII. VIII. IX. X. Orientation Handbook; Page 2. ORIENTATION HANDBOOK FOR MEMBERS OF THE WICHITA FALLS CITY COUNCIL, BOARDS AND COMMISSIONS TABLE OF CONTENTS INTRODUCTION APPOINTMENTS: HOW MEMBERS OF CITY BOARDS AND COMMISSIONS ARE APPOINTED TAKING THE OATH OF OFFICE TYPES OF BOARDS AND COMMISSIONS A. BOARDS AND COMMISSIONS NOT GOVERNED BY STATE LAW B. BOARDS AND COMMISSIONS GOVERNED BY STATE LAW PROCEDURES FOR CONDUCTING A MEETING WORKING WITH CITY STAFF PRESS RELATIONS AN OVERVIEW OF BOARDS AND COMMISSIONS MEMBERS' LEGAL LIABILITY THE TEXAS OPEN MEETINGS LAW'S REQUIREMENTS FOR BOARDS AND COMMISSIONS APPENDIX BASIC CHART OF MOTIONS DEGREES OF KINSHIP MEETING PLANNING GUIDE CHAIRMAN'S EVALUATION SUMMARY OF INDIVIDUAL BOARDS AND COMMISSIONS Orientation Handbook; Page 3. INTRODUCTION This handbook is based on a handbook used by the City of College Station, Texas, to whom we express our appreciation. As Texas becomes increasingly urban, its government calls for increasingly complex solutions. The public meetings of policy and advisory bodies has felt this gradual change. The public wants to know what, why, where, and how much. Citizens who serve on Texas boards, commissions, and councils often do so with no pay and with little expected reward. The sense of civic duty still prevails in Texas. This orientation handbook is an attempt to help these civic - spirited citizens. Not all answers to every possible situation will be found in this handbook. This is not its intention. Instead, the reader will find a thorough introduction to topics, processes, and approaches which directly affect council, board, and commission members. This handbook has been written and compiled especially and particularly for members of the City Council, boards, and commissions in the City of Wichita Falls, Texas. In using this manual, you may want to read a description of the board or commission upon which you serve. While that is an expedient approach, we also suggest that you pay attention to the other, more generalized topics. For example, appointments, taking the oath of office, procedures for conducting a meeting, working with city staff and press relations, apply to every City Council, board or commission member in Texas and should be consulted to assure you are aware of your role in its execution. Not all things in the handbook will apply similarly to members of the City Council, boards, and commissions. For example, in cases of personal legal liability, members of the City Council, various boards and their officers may be more susceptible to its application. As stated above, this manual cannot answer all questions for all situations. Indeed, reading of this manual may prompt new questions. These questions can prove to be an advantageous focus for discussion of particular topics related to Wichita Falls. Excellent additional information may be obtained from the references cited in this handbook. Also, consider asking the city staff for direction as not only a way to find an answer, but also to build a mutual understanding and confidence in each other's ability and knowledge. Orientation Handbook; Page 4. RECEIVING AN APPOINTMENT 1. Appointment of members to boards and commissions: There are various factors which should be considered when appointing members to boards or commissions, and city councils approach the matter in different ways. A. Democracy and Representativeness: Some cities allow each City Council member to appoint an equal number of members to each board or commission. This is said to produce the same balance on each board or commission as is on the Council. Since the Council is supposedly representative of interests in the City, then all boards or commissions should be. In addition, interest groups in the community should be consulted and their recommendations considered. B. Executive Authority: In some cities, it is the legal right or the privilege of the Mayor to make appointments with the approval of the City Council. This enhances executive office and authority of the office of the Mayor. C. Legal Considerations: State law dictates membership in the case of some boards or commissions. This is covered in other sections and should be checked first. D. City Staff: Since the City staff will work with these organizations, some input as to membership would be allowed. E. Expertise and Knowledge: Expertise and knowledge of the subject matter should also be considered. In building code boards or commissions (electrical, plumbing, etc.) this is especially a factor. However, a balance would also be considered. The profession should not be totally allowed to regulate itself. All real estate people on the Planning and Zoning Commission is not a proper balance of citizen interest. 2. With a few exceptions, appointments in Wichita Falls are made by the City Council to all boards and commissions. Citizens who are interested in being appointed can fill out an application form and return it to the City Manager's office at City Hall. Regular appointments are made to different boards and commissions at various times during Orientation Handbook; Page 5. the year. Normally a member whose term expires can be reappointed, but he will not be allowed to serve more than six successive years. 3. Attendance at Meetings requirements: Many cities are passing ordinances making attendance at a set number of meetings mandatory. A common example is: a member must not be absent for more than three meetings or 250 of the total number of meetings, whichever is greater, during a single appointment year, except for medical reasons or when excused by the board or commission or by the Council. Legal factors may govern removal, so this requirement may not be applied to all committees, boards or commissions. Consult your City Attorney before taking this dismissal action. TAKING THE OATH OF OFFICE The Texas Constitution requires that all public officers take an oath of office. The basic question is what is a public officer? Article XVI, Section 1 states, "The Secretary of State and all other appointed officers, before entering upon the duties of their office, shall take the following Oath or Affirmation ": "I, , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State; and I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute, any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." Since the Constitution does not tell us who a public officer is, the safe position is to assume that all board and commission members are public officials and give all an oath of office. This is especially true of anybody that makes decisions that affect people, especially quasi - judicial bodies such as the Zoning Board of Adjustment and the Planning and Zoning Commission. The premise is based in the common law theory that public officials make decisions that have the force of law, and therefore, must officially be installed in office by taking an oath. There is limited case and statutory law existing on this matter. A 1945 Attorney General's opinion (No. 0 -6829) states that School Boards of Equalization must be given an oath of office. In addition, giving an oath to members of such boards or Orientation Handbook; Page 6. commissions serves to impress upon them the importance of their actions. It also serves as a nice way of making them feel that their service is appreciated. TYPES OF BOARDS AND COMMISSIONS Boards and commissions can be divided into two types: (1) those governed by state law; and (2) those not governed by state law and being left up to the discretion of the City Council. For each board and commission, the following information is provided: (1) The authority by which the board or commission is created. This may be state law, City ordinance or resolution, or a combination of those. (2) Membership and method of appointment (3) Eligibility (4 ) Term of office (5) Meetings (6) Duties and responsibilities Copies of the ordinances and state laws creating the various boards and commissions are compiled in supplementary pages to this handbook which are available upon request. BOARDS AND COMMISSIONS NOT GOVERNED BY STATE LAW Generally these boards and commissions are advisory in nature; their purpose is to give advice to the City Council on areas of community interest. These committees are not governed by specific state law but are created by the City Council. Most boards and commissions are created for an unspecified duration; sometimes a task force is created for a specified time period or until the task is completed. Advisory boards and commissions cannot pass ordinances; instead, their purpose is to study the concerns at hand and to make recommendations. Elected officials find they have many uses for advisory boards and commissions in addition to the general usage of expanding citizen participation in government and gaining information on important issues prior to passing ordinances. Some of these uses are: -- to acquire expertise. -- to deal with issues too new to use standard avenues of participation. Orientation Handbook; Page 7. -- to bring together viewpoints which might not otherwise be heard and to gain input from a cross - section of the community. -- to involve qualified persons in the government who do not desire to compete for public office. -- to resolve conflicts between groups of citizens. Advisory boards and commissions can be especially useful when they serve as (1) a source of ideas; and (2) as a messenger to "get out the word ". (1) Advisory boards and commissions as a source of ideas: The best possible function for an advisory board or commission is to serve as a creative source of ideas in the policy making process. They can collect and evaluate information on how well the government is responding to the needs of the community. This kind of approach often leads to new ideas, as the group that began to evaluate services may develop into an innovative unit that will suggest new alternatives to the governing body. (2) Advisory boards and commissions get the word out: Even in communities with responsive and responsible news media, information about important proposed policy changes may not get to affected persons for some time. Representative advisory boards and commissions can provide a feedback link to the City Council members, as well as a way of taking information to the citizens. The press may help with this process since the advisory board or commission itself is usually newsworthy. (The preceding material was taken from: Elected Officials Handbook, Susan Clark, International City Management Association, Washington, D.C., 1983.) STAFFING THE BOARDS AND COMMISSIONS Usually a city staff member is assigned to work with an advisory board or commission on a temporary or part -time basis. Also, City Council members are usually assigned to serve as a council liaison with advisory boards and commissions. Isolation can be a key problem in the use of advisory boards and commissions; if you let them drift on their own with no regular staffing link you may only compound problems. It is crucial that the lines of communication are kept open between the advisory boards and commissions and the elected officials. Orientation Handbook; Page 8. BOARDS AND COMMISSIONS GOVERNED BY STATE LAW Several boards and commissions are governed by State Law. Cities must therefore form these boards and commissions in accordance with such statutes. In most cases these boards and commissions are "quasi- judicial" as discussed later. These actions must follow some prescribed procedure and are sometimes subject to review by courts. Members of such committees should be given the oath of office. PROCEDURES FOR CONDUCTING A MEETING In order for a city's meeting of boards and commissions to function properly and in a fair and orderly manner, certain rules and procedures should be utilized. The following is an explanation and demonstration of a few simple rules and procedures that provide a cordial but orderly and somewhat formal atmosphere for conducting meetings. ROLE OF THE CHAIRMAN AND THE AGENDA The function of the chairman is to provide leadership to the group. He has certain duties and responsibilities which he must perform. (1) One is to see that everyone acts in accordance with established rules. (2) He also has the responsibility to see that the meeting moves along and stays on track. If the group is indecisive, he should exercise leadership and make suggestions. When debate is concluded, he should summarize the major points made. In general, the chairman should maintain order and try to bring the group to a conclusion on matters before it. The job of the chairman is made easier by always having a written agenda. The agenda should be prepared ahead of time and copies given to all those present and to the board or commission ahead of time if possible. The agenda should be prepared by the secretary, who is usually the department head or staff person to the board or commission. Usually, the first order of business on the agenda is the reading, correcting and passing of the last meeting's minutes taken by the secretary. This is usually followed by reports from committees. Unfinished business is next, followed by new business. Orientation Handbook; Page 9. PROCEDURAL RULES OF ORDER Here are a few obvious points that should be followed, but are often forgotten: (1) Discuss only one topic at a time. (2) The chairman should recognize the person or persons who wish to speak and only they should be allowed to speak. Others should hold their comments until they have the floor. (3) If the meeting is a public hearing, the board or commission should hear the public and keep quiet until questions are allowed by the chairman. (4) If a lot of people want to speak on a topic, some time limit should be set on how long each can speak. PROCEDURAL RULES 1. Begin the discussion by having a member make a motion. Motion should be made and seconded. After this, debate can be conducted. Proper form, "Mr. Chairman, I move the following. . .)" 2. Amending a motion. Any motion may be amended as follows. "Mr. Chairman, I move that we amend the motion by (adding, striking out, etc., the words. . .)" The amendment must be seconded and then it can be discussed. When discussion ends the amendment is voted on first. If the amended passes, the original motion is then put to a vote as amended. If the amendment fails, the original motion is put to a vote. 3. Change by a Substitute Motion. Another way to change an original motion is by use of the Substitute Motion. A substitute motion is just an amendment that changes an entire sentence or paragraph. It must be seconded and then can be discussed. It may be amended and differs only from an amendment in that if the substitute motion passes it does away entirely with the original motion. 4. Lay a Motion on the table. Sometimes a board or commission may wish to defer action on a motion. One way to accomplish this is to lay a motion on the table. It is in order to move that a main motion be laid on the table when discussion on the main motion has or is about to end. To lay something on the table it must be moved and seconded. A vote is immediately taken without discussion. Once it has been decided to lay a motion on the table, it cannot be brought up again at the same meeting or at the next Orientation Handbook; Page 10. regular meeting unless the board or commission votes to do so. If it is decided to bring a motion from the table, then this main motion can then be discussed and a vote taken. A tabled motion can be brought from the table during the same meeting but is usually done so at a later meeting when unfinished business is being considered. 5. Postpone a Motion. Another method of delaying a decision on a matter is to postpone to a certain day the consideration of a main motion. This is done by simply making a motion to postpone consideration of the motion until a definite future date and having it seconded. The motion to postpone is then open for discussion. Following discussion a vote is taken. 6. Motion to Refer. A main motion may also be delayed by a Motion to Refer the main motion to a committee or person for further study. After the motion to refer is moved and seconded, it is open to discussion and motions to amend can be made on to whom the main motion should be referred. The motion to refer as amended is then voted on. If it passes, the main motion is referred; but if it fails, then discussion on the main motion begins. 7. Point of Order. While this review of parliamentary procedures has been designed to cover the most common problems a board or commission member will face, they may not always be applicable depending upon any bylaws adopted by the board or commission or because of illegal constraints in a hearing -type situation, but these basic procedures usually are acceptable under most meeting situations. Complicated procedural questions should be researched from Roberts Rules of Order, Revised. Any time a member feels an incorrect procedure is being used he can interrupt with a point of order request which requires the chairman to decide what is the correct procedure. 8. Suspension of the Rules. Occasionally, board or commission members may want to discuss an item of business without the constraints of any rules. Unless the bylaws require otherwise, a two - thirds (2/3) vote of the members is needed to suspend the rules. This motion is not debatable and must be voted upon its being seconded. Orientation Handbook; Page 11. WHAT IS A QUORUM? In some cases state law dictates a quorum is needed to conduct business. A quorum is the minimum number of members needed to officially conduct business. Where no statement on quorum number exists, a committee may set any number of members present as a quorum; usually a majority, but not necessarily. SIGNING OF THE MINUTES OF THE MEETING With quasi - judicial bodies (Zoning Board of Adjustments, Planning and Zoning Commission) where decisions on controversies are decided and a ruling issued, having all members of the board sign the minutes of the meeting is a good idea. It provides a record that shows what was agreed to and who voted for what. In conclusion, it is reasonable to assume if a meeting is held in a fair and orderly fashion, all members of a board or commission must cooperate. They must be aware that certain procedures must be followed and act accordingly. But the chairman has final responsibility for insuring that a meeting is properly conducted. Unless the chairman understands the basic parliamentary procedures discussed and is willing to use them in the best interest of all concerned, that board or commission will not be able to adequately carry out its responsibilities. The chart in the appendix was designed by Mr. Riley Fletcher of the Texas Municipal League. It outlines common motions and how they are handled. The appendix has some checklists for a board or commission chairman. These checklists are helpful in preparing for and conducting a meeting. Please refer to BASIC CHART OF MOTIONS. WORKING WITH CITY STAFF A member of a city advisory board or commission must utilize city staff expertise to adequately perform his or her job. Similarly, city staff needs the perspective and information advisory groups provide. Most of the time, this relationship is harmonious and productive. There are some things both advisory group members and city staff can do to ensure effective mutual work. Our purpose here, of course, is to learn what to avoid and discover how to practice what will increase effectiveness for citizens. Orientation Handbook; Page 12. THE TIME TRAP Advisory group members are justifiably wary that their city jobs might take too much time. Regular advisory group meetings and the study required around the meetings consume most of the time a member has available. Consequently, an advisory group member seldom finds opportunities to discuss his or her views with city staff who work from 8:00 a.m. to 5:00 p.m. -- precisely the time when advisory group members have the greatest difficulty being at city hall. The objective then must be to increase the productive time advisory group members and city staff spend together. The following are some ways this might be accomplished. (1) The chairman of the advisory group should request that the City Manager appoint a specific person to serve as staff to the advisory group. This person should then be the primary "channel" from the advisory group to the city staff. (2) Each advisory group member should meet individually with the staff person assigned the group and reach an understanding of the information the group member wants, the format and the schedule for providing the information. (3) The staff person should provide the group with an organized agenda, brief overviews of agenda items, and visual aids to increase rapid understanding of issues. (4) Some meetings should be devoted to planning and "background" presentations. This is a time for bringing in other city staff and, possibly, other citizens. These sessions save a great deal of time in deliberative discussions and greatly increase the quality of decisions. (5) Have advisory group members make oral presentations of group work to the City Council. The process of preparing such a report greatly enhances the group's ability to put actions into concise and understandable form. THE INSIDER TRAP Advisory groups exist to broaden the view of City Council and staff, to serve as a window in city hall giving a vista community -wide in scope. Advisory groups are also a way citizens may look inside city hall. But almost from the first meeting of Orientation Handbook; Page 13. an advisory group, factors are at work to restrict the view in- and -out factors which tend to make an advisory group member more of a "city hall insider" and less of a "private citizen ". Some counter measures which must be employed to avoid this are described below. (1) Advisory groups with the help of staff should determine how representative they are of community views. Where gaps exist, subcommittees should be appointed. (2) Advisory group members should insist that city staff avoid presenting proposals and information in jargon and technical terms. Staff should avoid thinking they are obligated to "train" advisory group members to use technical and professional jargon. (3) Advisory group members should insist staff bring them primarily policy oriented proposals and not administrative matters for decision. (4) Advisory group members should stress plans, policies, and broad structures. They should not become advocates of a department or departmental concerns. Determining the basic design of a park, its uses, and the extent to which the park is needed are jobs the Park Board can aid, and propositions they can advocate to the City Council. Being advocates for more park staff is not something they can do well. SUMMARY Basically, an advisory group member has two problems to overcome when working with city staff. First, the city staff must have their work organized to fit the time available for group members. Then the advisory group must concentrate on their specific role and tasks and constantly work to retain the "citizen viewpoint" and not the views of a "city hall insider ". A NOTE ON PRESS RELATIONS Many city boards and commissions are not covered by the local press. However, the press pays close attention to the more important ones, especially Planning and Zoning and Parks. The chairman and members of these boards and city staff should be ready to deal with the press. Often the reporter with the least experience in local government covers these meetings. This creates a problem of accurate reporting. The chairman should not Orientation Handbook; Page 14. assume that the reporter knows the board's subject matter. Board presentations should be worded with the goal of reducing inaccurate reporting. One way to do so is to remember the necessity to educate both the press and the public. To do otherwise is to create problems for all concerned. Reporters do not deliberately distort the news. Usually this distortion stems from the reporter's lack of understanding and racing to meet inflexible deadlines. Cooperating with the press and being willing to supply them with useful information will make your job much easier. AN OVERVIEW OF BOARDS AND COMMISSION MEMBERS' LEGAL LIABILITY THE NATURE OF CITY BOARDS AND COMMISSION It is important to understand for the purpose of this presentation that city boards and commissions are not legislative bodies, which means that they cannot create new regulations or standards but can work within the framework that is established by the City Council or the State Legislature. Most boards and commissions are fact - finding bodies which have the power to require the presentation of evidence after their jurisdictions have been evoked. They are judicial type bodies when they render decisions based on the factual material which has been presented to them, which decision resolves a single case. The term used, generally, to identify a board or commission with those kinds of powers is "quasi- judicial ". The importance of the distinction between legislative powers and quasi - judicial powers is that legislative powers are purely governmental powers as that term is used in legal discussions. Quasi - judicial powers are also governmental powers but are different in that their exercise creates no individual liability on the member of the governmental body. As you will see within this discussion, there are instances in which a member of a legislative body can run afoul of law and common decency by certain of his acts and become liable to a certain extent to answer for his conduct. AUTHORIZED CONDUCT The boundaries of authorized conduct are drawn by common law, civil statutes and penal statutes. Acts by officials which are extra legal or, more accurately, extra jurisdictional which are not prescribed by statute are call ultra vires acts. This is a Latin term which means "beyond power" and is used in legal terminology to define acts which are beyond the scope of the power of a corporation granted to it by its charter but not prohibited by law. It is also applied to designate acts which are within the scope of powers but which are performed Orientation Handbook; Page 15. irregularly and to acts of the officials of the corporation within those categories. Acts by a board or commission member or the collective act of the board or commission which is beyond the authority of the board or commission granted by ordinance or statute would be ultra vires acts because the city is a corporation and the same definitions apply to it. WHAT IS A PUBLIC SERVANT? The acts proscribed by statute are both civil and penal in nature and have a broad application affecting public officials. For example, the Texas Penal Code defines public servant as "a person elected, selected, appointed, employed, or otherwise designated as one of the following. . ." and then lists several categories of public offices including "an officer, employee or agent of government" and "a person who is performing a governmental function. . . ". The Penal Code prohibits several kinds of conduct based on an intent to obtain a benefit for himself or to harm another. It prohibits intentionally or knowingly doing any of the following: (1) violating a law relating to his office or employment, or (2) misapplying any thing of value belonging to the government that has come into his custody or possession by virtue of his office or employment. Government, for the purpose of the Penal Code, means "the state, a county, municipality, or political subdivision of the state; or any branch or agency of the state." The public servant, as defined, also commits an offense if he acquires or assists another in acquiring property by the use of information to which he has access which has not been made public. NEPOTISM Nepotism is an example of an act by a public official which has been proscribed by civil law. Article 5996a, V.A.C.S., says that a public official cannot cause his relatives to be appointed to a salaried position where the salary is to be paid from public funds. This law probably has very limited application to board and commission members, but would apply more directly to the City Council. "Texas' nepotism statute forbids the City Council from hiring any person who is related to a councilmember within the second degree by affinity or within the third degree by consanguinity. This prohibition does not apply to the promotion of relatives who were continuously employed by the city for two years prior to the election of the councilmember, nor to unpaid appointees." "Since 'affinity' and 'consanguinity' are the controlling factors in determining nepotism, both terms need to be clearly understood. Affinity is kinship by marriage, as between a Orientation Handbook; Page 16. husband and wife, or between the husband and the blood relatives of the wife (or vice - versa). Consanguinity is kinship by blood, as between a mother and child or sister and brother." (See charts). "These two types of kinship arise from two sets of relationships -- lineal and collateral. In lineal kinship, each generation represents one degree so that lineal consanguinity exists between persons of whom one is descended in a direct line from the other - -as between son, father, grandfather, and so on, upward in ascending line or down in a descending line. Thus, a father is related by consanguinity in the first degree to his parents and children, in the second degree to his grandparents and grandchildren, and in the third degree to his great - grandchildren or great - grandfather. In lineal affinity, a man is related by affinity in the first degree to his parents -in -law and children -in -law, and in the second degree to his grandparents-in - law and grandchildren -in -law." "In collateral kinship, one must first determine the common ancestors of the two persons concerned and then count down the line of descent farthest removed from the common ancestor, with each generation representing a degree. Thus, a man is related by consanguinity in the first degree to his brothers and sisters, and in the second degree to his uncles, nephews, nieces and cousins. He is related by affinity in the first degree to his brothers -in -law and sisters -in -law, and in the second degree to his uncles -in -law, aunts -in -law, nephews -in -law, nieces -in -law, and first cousins -in- law." (The preceding quoted material was taken from: Handbook for Mayors and Councilmen in Home Rule Cities, Texas Municipal League, Austin, Texas, 1984.) CONFLICT OF INTEREST The most difficult area to define in which problems might occur is the area of conflict of interest. The portions of the Penal Code discussed above are intended to prevent conflict of interest on the part of public officials, but the real problem occurs in trying to determine exactly what constitutes conflict of interest. In a case which occurred in San Antonio several years ago, a county commissioner who voted favorably for the purchase of voting machines was discovered to have a commission contract with the successful bidder. Although it was shown that, for some undisclosed reason the commissioner would receive no money from the sale of the voting machines to the county, he was determined to have a conflict of interest, and the sale was Orientation Handbook; Page 17. voided by the court. It was remarked by that court that in this transaction it was presumed that the commissioner was not in a position to give the county his undivided loyalty when he was so vitally interested in the business of the company in other parts of the state. In another San Antonio case, a contract was voided by the court because the city entered into a contract with an electrical contracting company of which one -third of the stock was owned by a member of the city's electrical board. The court found that the board member was a city official and that the contract with his company placed him in a conflict of interest, and was, therefore, void. It is generally said that, if a city official receives any personal or pecuniary benefit from a contract, it is void; that in all official action, the law directs that the city official serve only one master - the city. If it can be shown that the position of an official was such that the contract should be voided, then it would not be much more difficult to bring some action that he might have taken within those sections of the Penal Code set out above and bring some of that criminal liability to rest upon him. It is a far different proposition to be liable to the state than it is to be personally liable to some individual. The state can take some of your time, as well as your money. This area of the law should present your greatest concern. A recent state law has made clear the guidelines a local public official should be aware of concerning conflict of interest. The following are the current guidelines as set out by Chapter 171 of the Local Government Code of Texas. A local public official is said to,have a substantial interest in a business under the following circumstances: 1. The interest or ownership of ten percent (100) or more of the business entity or ownership, $2,500 or more of the fair market value of the business entity; or, 2. Funds received by the person from the business entity exceed ten percent (10 %) of the person's gross income for the previous year. 3. A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. Orientation Handbook; Page 18. Under the new statute a local public official commits a Class A misdemeanor if he knowingly does one of the following: 1. Participates in a vote or decision on a matter involving a business entity in which the local public official has a substantial interest, if it is reasonably foreseeable that an action on the matter would confer an economic benefit to the business entity involved; 2. Acts as a surety for a business entity that has a contract to do work or other business with a governmental entity; or 3. Acts as a surety on an official bond required of an officer of the governmental entity. This law also applies to the local public official where the vote involves a relative in the first or second degree of affinity or consanguinity when that relative has a substantial interest in a business entity that would be affected thereby. Under the above - mentioned circumstances, the local public official must file an affidavit stating the nature and extent of his interest. The affidavit must be filed with the official recordkeeper of the governmental entity. In this particular case it will be the City Clerk. Following is a proposed form to be used under such circumstances where such a conflict of interest may arise. Consultation with a private attorney is suggested where specific issues arise. PERSONAL LIABILITY As a general rule, quasi - judicial officers cannot be held personally liable for erroneous acts while honestly exercising the judicial or quasi - judicial functions within the jurisdiction of their offices. The problem with a general rule stated as a proposition of law is that there will always be exceptions to the general rule. The exceptions to the general rule will then be the concern of this portion of our discussion. If we might direct attention to the phrase about "erroneous acts while honestly exercising the judicial or quasi - judicial functions within the jurisdiction of their offices," another generalization should be pointed out. While quasi - judicial officers are protected from personal liability, as a general rule, for judicial acts in excess of their jurisdictions, if such acts were performed in good faith and under the good faith assumption that the officer had jurisdiction to act, if a court finds that the excessive acts were not in good faith or that the assumption of jurisdiction was Orientation Handbook; Page 19. not made in good faith, then the officer will subject himself to civil liability. That does not mean that there will necessarily be a fine imposed because civil sanctions are imposed specifically by statute or generally by common law. As we discussed above, if the legislature proscribes a certain act or acts and says that it or they will carry certain penalties, then those penalties are the sanctions that will generally be imposed for that breach of duty. However, if a person is monetarily damaged by a provable amount, then the officer may also be liable in damage to the person harmed by the wrongful act. If, on the other hand, no civil penalties are imposed, the aggrieved person is left to other remedies carried over from common law and can seek to have an act enjoined or have a person compelled to perform an act. In addition, if such a person can prove harm caused by the act, then damages may also be assessed. (The following quoted excerpts are taken from: "The Handbook for Mayors and Councilmembers in Home Rule Cities," Texas Municipal League, Austin, Texas, 1984, and pertain more to members of the City Council.) PUBLIC OFFICIAL MALPRACTICE LIABILITY " Councilmembers make a variety of decisions that can benefit many persons and lead to irreparable harm to others. Until recently, the federal courts generally held that councilmembers were not personally liable for torts resulting from their official actions, so long as those actions were made in good faith - -that is, without willful or malicious intent to do harm. (Torts are wrongful acts which result in injury to persons or property. A tort can result from negligence in the proper performance of a public servant's duty, or from intentional acts - -such as libel, false arrest or slander.) There are now indications of an emerging concept of "public official malpractice" with serious implications for city officials, which is borne out by a significant increase in the number of lawsuits filed against councilmembers and other public officials." LIABILITY UNDER STATE LAW "Generally speaking, Texas courts have held that councilmembers are not personally liable for torts resulting from 'discretionary acts' made within their authority and in 'good faith' -- that is, without intent to do harm. 'Discretionary acts' are those involving personal judgment. For a councilmember, typical discretionary acts include approving amendments to the city's zoning or subdivision ordinance and awarding bids. Each of these acts involves decisions, or choices, based on the councilmember's personal conclusions from all available facts." Orientation Handbook; Page 20. "Again, generally speaking, councilmembers are personally liable for torts resulting from their ministerial acts. 'Ministerial' acts are those performed as a matter of duty and which the council has no choice except to perform. Ministerial acts also include those performed in obedience to state or federal laws which are so plain and explicit as to leave nothing to discretion or judgment. Examples include adoption of the city budget (an act specifically required under Article 689a -13, et seq., V.T.C.S.) and canvassing the results of city elections (required under Articles 7.13 and 8.29a, Texas Election Code)." [This is now Sec. 67.002, Texas Election Code.] "An improper ministerial act is at the peril of the councilmember, regardless of whether it was performed in good faith, without intent to do harm. A ministerial act which is required by law, but is not performed at all, also incurs liability on the part of the councilmembers responsible for its performance - -which means that a councilmember could be personally liable for paying damages to individuals injured because of the council's failure to properly perform a ministerial duty or negligence in not performing it at all." ANTITRUST LIABILITY "In January, 1982, the U.S. Supreme Court opened a new horizon of potential personal liability for mayors and councilmembers in ruling in Community Communications Inc. vs. City of Boulder that city governments and municipal elected officials are subject to the federal Sherman Antitrust Act. The act provides: 'Every . . . conspiracy in restraint of trade and commerce is declared to be illegal.' More importantly, other portions of the act provide that defendants who violate the law are liable for paying treble damages, which means that councilmembers who violate the law could be required to pay heavy money damages out of their own pockets." "Thus, it is clear from the Boulder decision that any reasonable municipal requirement which restricts or prohibits free competition or allows an advantage or monopoly to one competitor, may subject both the city and its officers to liability for treble attorneys fees and court costs." Since the above quotation was written, Congress has adopted the Local Government Antitrust Act of 1984 (P.L. 98 -544). This legislation eliminated actions for damages under the antitrust laws against cities and their officials and employees acting in an official capacity. However, it did not eliminate actions for injunctions, including attorney's fees. Orientation Handbook; Page 21. THE TEXAS OPEN MEETINGS LAW'S REQUIREMENTS FOR BOARDS AND COMMISSIONS Article 6252 -17 of Vernon's Annotated Civil commonly referred to as the "Texas Open Meetings article generally requires that every meeting of body be open to the public, and that a notice of the meeting be posted in a public place. It als exceptions to the requirement. Statutes is Law ". This a governmental the agenda of D enumerates some "Meeting" means any deliberation between a quorum of members of a governmental body at which any public business or public policy over which the governmental body has supervision or control is discussed or considered, or at which any formal action is taken. It does not include social functions unrelated to the public business which is conducted by the body. "Deliberation" means a verbal exchange during a meeting between a quorum of members of a governmental body concerning any issue within the jurisdiction of the governmental body or any public business. "Governmental body" means, among others, every City Council and every deliberative body having rule- making or quasi - judicial power and classified as a department, agency or political subdivision of a city. The law provides that every meeting of every governmental body shall be open to the public, except that some named matters may be considered in executive session. These matters include certain consultations between the body and its attorney, meetings during which discussion is had with respect to purchase, exchange, lease or value of real property, and meetings involving certain matters concerning personnel. Although these matters may be discussed in executive session, the law provides that no final action, decision or vote with regard to any matter considered in the closed meeting shall be made except in an open meeting. It should be noted that, with regard to boards and commissions, the law applies only to those which have rule - making or quasi - judicial power. The Attorney General has ruled that city boards and commissions which have no rule - making or quasi - judicial power are not required to comply with the open meeting and notice requirements of the law. The notice requirements of a meeting of a governmental body require that "Written notice of the date, hour, place and subject of each meeting. . . " shall be ". . . posted on a bulletin board Orientation Handbook; Page 22. to be located at a place convenient to the public in the city hall. . . for at least 72 hours preceding the scheduled time of the meeting. . . " In case of emergency or urgent public necessity, it shall be sufficient if the notice is posted two hours before the meeting is convened. The law requires that the governmental body prepare and retain minutes or make a tape recording of each of its open meetings; for each closed meeting, the governmental body shall keep a certified agenda of the proceedings. The law provides that, for a violation thereof, a member of a governing body, on conviction, is punishable by a fine of not less than One Hundred nor more than Five Hundred Dollars, or imprisonment in the county jail for not less than one month nor more than six months, or both. These penalties can be imposed for the following actions: 1. Knowingly calling or organizing a special or called meeting or session which is closed to the public. 2. Knowingly aiding in calling or organizing a special or called meeting or session which is closed to the public. 3. Knowingly closing a regular meeting or session to the public. 4. Knowingly aiding in closing a regular meeting or session to the public. 5. Knowingly participating in a regular, special or called meeting or session which is closed to the public where a closed meeting is not permitted by the provisions of this law. 6. Knowingly conspiring to circumvent the provisions of this law by meeting in numbers less than a quorum for the purpose of secret deliberations in contravention of this law. orientation Handbook; Page 23. APPENDIX Orientation Handbook; Page 24. CE r- W CL I I I In Uj I I I I I I I I V I I I I I z¢ °o � I I I I I cccrcc cccc� � I �cc I IF wN Q ui V♦ z QIQII IIQQ QQI a laal a< I z w O a F— a 11111 IIl0 000 0 00oI o0 1 O m w 0 z LL 0 U)U)(n I ( U)(n cnU) Cl) U)(n U cnU)U)U) (n U) I ® w E m s c m v m cn U _C r C : : : : : : : O CD.!-- : m cn ~ Y m d ca E o J ca c (D °- -' U E m wL E E Im CL O CL CP c > Q L Y ca d� ca n - cn c9 : : : : C y m p vn : C Z v1 C C L ° Q1 > ca cu p O :..0 Z Cn : : : : co > O d a� Tm m :� E o_ O Z 2 Um :>m> N O Ems' O cn-- z �= Z oma�_E O m oar Zcn ° a `° � ca E -ca o >, 2 'D O� c Our 0. mo, O °� >O m 0 C7):J m 0.2 : ooc �m.ovN�o c 0- cc }orom� Z00 0� _ _ m — m ` . N� ca m m C L O 0 L C> > m — cu ca J Q `y p ca ? m m Y :� --aot E w a�� y ° m° m c a`. ►— E �- m a g m o Q o� C7 m Q0Y QL �� m E� . m m ��--� E J N C Z �O �.E c M ca � o o =� o ° o O In C: - Q 3-- w�c o >m�aNic).2 cnoo°o_�'Ecn ZZ ►—o��m Ucay 0c4-- ° U.N= m >. ;'" N Ems U) ° n _Y wJ C, v E.E ct.X�c� cam �� Eo oEo Q wc�a�mca w>.° coo au. <CL�U U)J�J� UQa. CL2�ctl— cnm< ?oa Orientation Handbook; Page 25. a: a: a: a: a. uj - - - - -- a: a: a a. - - -- a: a: a ci a: c: a: - - - - -- — 1 1 1 1 1 1 IF IF IF IF IF IF I II I a:crcc cc C cc cc 0 CL.TC�D (�>UV M4!m V2Xm22 m € = n O O O fi o r I I I I t l I I I I I << << I I o `e O m a £ o e D s „ > o m i l l l i U) I co U) U) U) cn U) (n U) .I E$ _ m ` r c c o c t c : c c ; o : . C >` Y C D D m O a v gu ° D 3 „ •„ m5Q C( „ °e E • p Y � O q c E y m o�gx a Q7 O J O O 23 ®uE nacv .i m > > v °nucctmmCz3 c co O c� 4 8 v v — Oc eZ o c O m 0. 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CZ c Z d Q% C) V d � ! d E 0 E C.i C O v d L _A O 75 >% � d C d t4 .0 O U � O � L L O C Y � N i4 V O O T A a _c Y 'D V c i 0 4) C Cf 10 L C 2 114 Ct t cm ro Orientation Handbook; Page 27. '0 % c 4) C O C% Ct t cm ro Orientation Handbook; Page 27. Li 4) z i z T 4) C. ro 0 0 Z E as E cj E 0 vi cn 0 GL 6- to cm E m '0 % c O C% Li 4) z i z T 4) C. ro 0 0 Z E as E cj E 0 vi cn 0 GL 6- to cm E m Name of Board Location — Purpose(s) — Orientation Handbook; Page 28. Meeting Planning Guide Time Anticipated objectives: 1. To 2. To 3. To 4. To 5. To Expected speakers, Presenters or Guests 1. 2. I 4. 5. Agenda Outline Date Orientation Handbook; Page 29. Minutes Preparation at Meeting & Afterward Who will take minutes at the meeting? Who will prepare the minutes and distribute them? To whom will they be distributed? 1. 2. 3. 4. 5. 6. 7. 8. a 10. Staff Assignments Arrangements Room Size Seating No. and Location Lighting Heating /Cooling Paper & Pencil Availability Amplification (microphone, etc.) _ Audio /Visual Aids a) C O cz O c� W (n C cz E L U vi E a) 0 N Q) L r w O U ca (1) O w O Z L O m a) .c c x O CIO a) Q. O CL CL ca O t C 1 ca m U cz vi m c (D a) E O a) i� cz Q) O O L a) Z W O U O Z W Orientation Handbook; Page 30. a) _Ln U C O U a) c c O ro a) :E m > ca E) cu E Q) c0 = CZ O Q) `- m a) Q) c m a) U -6 p U 6. c O c0 '0 O ZA C Y (Z a) O C_ E-c a) 0 — O -0 C O U a) cn u7 Q) a) .0 O O O — -C6 C 0 U) a Q) 0 cn (� co O t T > 0 cma C N Ci V' U') a) (D f- co 0) O �— a) a 2 4 Orientation Handbook; Page 31. cn r C O . Q cn cz Y (Q E Y U L c U _O U) O O %' W U CL L II II II U cQ U7 O O CO r- O Q) I F) C O O L C O 00 L- 0 O LO U (� L O O L N L O O U U) O Cl) U Z C 0 N � U � Y O- U C O ro U � O U O Q = L Cl) a c 3 U L co N cn O N U cz _N c cm O ca O c 0 U 70 C o E c c cu E O -0 a E E U o c O m ro U ro U u E _E ro ro LO cD t- CO O O •- .- r- ro CV D = c U O U to O U CD in o ':3 N O U N C`') 'I- Orientation Handbook; Page 31. cn r C O . Q cn cz Y (Q E Y U L c U _O U) O O %' W U CL L II II II U cQ U7 O O CO r- O Q) I F) C O O L C O 00 L- 0 O LO U (� L O O L N L O O U U) O Cl) ?• Z c 0 N C O � cr ro O D C O cn O O a ._ �►- (U _ U c ro � Y O- U C O ro U � O U O Q = L Cl) a c 3 U L co N cn O N U cz _N c cm O ca O c 0 U C O cn c C o E c c cu E U C a E E o o c O m ro U ro U u E _E ro - 'O LO cD t- CO O O •- .- r- .- .- CV Orientation Handbook; Page 31. cn r C O . Q cn cz Y (Q E Y U L c U _O U) O O %' W U CL L II II II U cQ U7 O O CO r- O Q) I F) C O O L C O 00 L- 0 O LO U (� L O O L N L O O U U) Orientation Handbook; Page 32. SUMMARY OF INDIVIDUAL BOARDS AND COMMISSIONS Orientation Handbook; Page 33. Commission on Aging Authority: Ordinance No. 25 -87. Fifteen members appointed by the City Council, for two year staggered terms expiring May 31. Members serve until their successors are appointed. Shall be residents of the City. Shall include a broad representation of the community, and shall be chosen from a geographic spread of the community. The Commission shall address the needs, problems and positive options for the aging of the community, and shall serve in an advisory capacity to the City Council in respect to all matters pertaining to the general welfare and advancement of the aging. Airport Zoning Board of Adjustment Authority: Local Government Code Section 241.032 et seq.; Ordinance No. 100 -82. Five members appointed by the City Council, for two year terms. At least one member shall reside outside the city limits and within one of the zones established in Section 4 of the ordinance. The Board shall hear and decide appeals from any decision of the Director of Planning, hear and decide special exceptions to the terms of the ordinance, and hear and decide specific variances. Wichita County Appraisal District Board of Directors Authority: Section 6.03 et seq, Texas Tax Code. See October 1, 1981 letter from County Clerk Vernon Cannon to Wichita County Appraisal District, and October 8, 1986 letter from Vernon Cannon to City Manager Jim Berzina. Orientation Handbook; Page 34. Nine members, apportioned among the below- listed entities: City of Wichita Falls -- two members Wichita Falls Independent School District -- two members City of Wichita Falls /W.F.I.S.D. -- one member shared City of Burkburnett / Burkburnett I.S.D. -- one member shared City of Iowa Park /Iowa Park I.S.D. -- one member shared City of Electra /Electra I.S.D. -- one member shared Wichita County /City View I.S.D. -- one member shared The members are appointed by the governing bodies of the entities to whom they are apportioned, for two year staggered terms beginning on January 1. Each member must be a resident of the district and have resided in the district for at least two years immediately preceding the date he takes office. No more than one employee of a taxing unit may serve on the board at one time. The Board constitutes the governing body of the Wichita County Appraisal District. Arts Commission Authority: Resolution No. 2103. Seventeen members appointed by the City Council, for two year staggered terms. Nine members shall represent the following agencies; nominees shall be submitted by each agency from members of its governing board, where such exists: Wichita Falls Art Association Wichita Falls Symphony Association Wichita Falls Ballet Association Wichita Falls Museum and Art Center Wichita County Heritage Society Backdoor Theater Broadway Theater League (apparently Midtown Fine Arts has been substituted for this agency) Midwestern State University Civic Chorus of Wichita Falls Eight members shall represent the financial and service institutions of the city; service and manufacturing industries; news media; foundations; professional groups; public at- large. Orientation Handbook; Page 35. The Auditorium- Activities Center Manager shall serve as an ex- officio member; staff persons of the agencies represented may serve as ex- officio members. These members shall have no vote. The Commission is to develop, promote and coordinate artistic and cultural activities in the city. It shall also serve as an advisory body to the City Council for the annual allocation of City funds made available to support and promote the artistic and cultural resources of the city. Meetings will be held as necessary, but at least four meetings shall be held annually. Aviation Advisory Board Authority: Resolution No. 1124. Nine members appointed by the Mayor, approved by the City Council, for three year staggered terms expiring December 31. Members serve until their successors are appointed. The Mayor shall appoint one member of the City Council to serve as an ex- officio member, without a vote. Shall be residents of the City. The Board acts in an advisory capacity only, plans a long range aviation program, makes studies of airport construction and operation, and makes recommendations with respect to expansions, improvements, maintenance and operation. Building Code Board of Adjustments and Appeals Authority: Ordinance No. 15 -85; Standard Building Code Section 111.1 et seq. Seven members appointed by the City Council, for two year staggered terms, expiring December 31. Members serve until their successors are appointed. The Board shall consist of the following: Two architects Two general contractors and /or engineers Three members at large from the building industry other than architects Orientation Handbook; Page 36. The Board shall hear appeals whenever the Building Official shall reject or refuse to approve the manner of construction proposed to be followed or materials to be used in the erection or alteration of a building or structure, or when it is claimed that the provisions of the Code do not apply, or that an equally good or more desirable form of construction can be employed in any specific case, or when it is claimed that the true intent and meaning of the Code has been misconstrued. Clean Community Commission Authority: Ordinance No. 92 -84; Code of Ordinances Section 2 -160.8 et seq. Seven members appointed by the City Council for two year staggered terms expiring December 31. They shall be appointed to serve in designated capacities as follows: Education Commissioner Publicity Commissioner Clean -Up Commissioner Beautification Commissioner Business and Industry Commissioner Chairman Member at large to address areas of assigned to other members concern not specifically The Public Information Specialist will serve as coordinator and ex- officio member, without vote. Members shall be residents of the City, and shall not serve more than three consecutive terms. The Commission shall analyze the relative cleanliness of all areas of the city and make recommendations for improving enforcement practices employed to abate actions detrimental to the cleanliness. It shall also analyze, make recommendations and implement procedures to promote the natural beauty of the city. Board of Electrical Examiners Authority: Ordinance No. 111 -87; Code of Ordinances Section 14 -3 et seq. Seven members appointed by the City Council, for two year staggered terms expiring May 31. Members serve until their successors are appointed. Orientation Handbook; Page 37. The Board shall be composed of the following: Two master electricians One journeyman electrician One member employed by the local electric utility company One member who shall be a representative of industry One member who is a home builder or otherwise associated with the home building industry One member at large, not connected with the electrical contracting industry for monetary gain A member shall serve no more than three consecutive terms. The Board shall make recommendations for the improvement and administration of the electrical code; it shall adopt rules for the examination of applicants for electrical licenses and conduct and grade all examinations; it shall approve issuance of appropriate licenses to successful applicants; it shall act as the electrical appeals board to interpret the Code and to settle differences of interpretation between the electrical inspector and any license holder or homeowner. Firefighters' and Police Officers' Civil Service Commission Authority: Local Government Code Section 143.006 et seq. Three members appointed by the City Manager and confirmed by the City Council, for three year staggered terms. Members shall be of good moral character, United States citizens, resident citizens of the City, shall have resided in the City for more than three years, shall be over the age of 25 years, and shall not have held any public office within the preceding three years. The Commission hears appeals by firefighters and police officers of disciplinary actions, promotions and other employment matters; it also promulgates civil service rules and regulations concerning the fire and police departments. Orientation Handbook; Page 38. Public Board of Health of the Wichita Falls -- Wichita County Public Health District Authority: Local Public Health Reorganization Act, Article 4436b, Vernon's Annotated Civil Statutes; Ordinance No. 101 -84; Cooperative Agreement dated April 16, 1985, between the City and Wichita County; Ordinance No. 63 -87. This advisory Public Board of Health consists of eleven representatives, seven voting and four non - voting. Voting representatives serve two year staggered terms. Five voting representatives shall be appointed by the City Council; two of the voting representatives shall be appointed by the County Commissioners; however, if the Commissioners make no appointment within 30 days of a request by the City, the City Council may proceed to fill those positions. Each representative must have resided in the Public Health District for a period of 3 years prior to his appointment. The two voting representatives appointed by the County Commissioners shall be citizens of Wichita County who reside outside of Wichita Falls. Insofar as possible, voting representatives shall be selected from the following: One legally qualified, licensed and practicing physician approved by the medical society of Wichita County. One legally qualified, licensed and practicing veterinarian. One legally qualified, licensed and practicing dentist. One registered nurse. Two interested citizens at- large. One member of either the Texas Restaurant Association or the Texas Grocers' Association. Voting representatives may serve no more than six years. The four non - voting representatives are the County Judge or his representative, the City Manager or his representative, the Director /Health Authority, and the Manager. This Board shall advise the member entities on matters of public health, including the budget of the Public Health District. Orientation Handbook; Page 39. Wichita County - -City of Wichita Falls, Texas, Hospital Board Authority: Article 4494i -1, Vernon's Annotated Civil Statutes; Resolution No. 630. Seven directors are appointed for two year staggered terms. The members serve until their successors are appointed. Four directors are appointed by the Commissioners Court, and three directors are appointed by the City Council. The Board constitutes a public agency and body politic, without taxing powers, with authority to purchase, construct or otherwise acquire hospital facilities, and to improve, enlarge, furnish, equip, operate and maintain the same. The City of Wichita Falls and Wichita County conveyed to the Board the Wichita General Hospital. Recently the Board, with the consent of the City and County, leased these facilities to the Wichita General Service Corporation. Public Housing Authority Board Authority: Local Government Code Section 392.031 et seq; Resolution No. 51 and Resolution No. 129. Five Commissioners are appointed by the Mayor, for two year staggered terms. A Commissioner shall not be an officer or an employee of the City. Further, the Attorney General has ruled that a Commissioner shall not be a tenant of the Housing Authority. The powers of the Authority shall be vested in the Commissioners. The Authority constitutes a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary to carry out and effectuate the purposes of the Housing Authority's law. It may construct, lease, and operate housing projects. Human Relations Commission Authority: Code of Ordinances Section 2 -155 et seq. Fifteen members appointed by the City Council, for three year staggered terms expiring December 31. The City Council appoints the Chairman. Orientation Handbook; Page 40. Shall be residents of the City, and shall be as nearly as possible representatives of the several social, economic, religious, cultural, ethnic and racial groups which comprise the population of the City. Its purpose is the promoting of mutual appreciation of the privileges and responsibilities of citizenship among all racial, religious, ethnic and nationality groups, and for the purpose of discouraging, by all lawful means, any misuse of freedom which deprives the community of the benefits of free commerce and full utilization of all human resources from all racial, religious, ethnic and nationality groups. Landmark Commission Authority: Ordinance No. 32 -84; Ordinance No. 39 -87; Chapter 2, Article IV, Division 5, Code of Ordinances. Nine members appointed by the City Council, for three year staggered terms expiring December 31. Members serve until their successors are appointed. Shall be residents of the City, and shall be composed of the following: One licensed real estate broker or appraiser One member of Planning and Zoning Commission One member of executive committee of Midtown Now One member of Wichita County Heritage Society Two licensed architects Three members at large The members shall have knowledge and experience in the architectural, economic, cultural, archaeological, or historical development of the City. It reviews proposals for demolition, remodeling or construction within a designated historical district, and it recommends to the City Council that certain buildings, land and areas be designated as historic landmarks throughout the City. Orientation Handbook; Page 41. Library Advisory Board Authority: Ordinance No. 66 -83. Nine members appointed by the City Council, for three year staggered terms expiring June 30. The City Council selects the chairman. The Library Administrator and the Director of Administrative Services shall serve as non - voting ex- officio members. Shall be residents of the City. No member shall serve more than two consecutive full terms. The Board shall encourage the development of the public library through planning a long range library program; it shall make general studies of library programs and operations to keep the library efficient and adequate to the City's needs; it shall recommend policies and programs for the advancement and enhancement of the library. Meetings shall be held at least quarterly. Mayor's Commission on the Status of Women Authority: Code of Ordinances Section 2 -158, et seq. Fifteen members appointed by the City Council, for two year staggered terms. Members serve until their successors are appointed. There shall be one ex- officio member, without the right to vote, who shall serve a term of two years, or until a successor is appointed. Shall be residents of the City, shall not hold elective City office nor become candidates for election to any City office. Shall include a broad representation of the community, such as women and men, ethnic and religious minorities, youth and mature age groups, union and low - income representation, representatives from governmental agencies, public education, institutions of higher learning, professions, business and industry, private individuals and members of voluntary groups. No member shall serve more than three consecutive terms. The Commission shall serve in an advisory capacity in respect to all matters pertaining to the status of women, such as discrimination against women, legal and civil rights, employment, economic status, political opportunity and advancement. They may conduct surveys, public hearings, seminars and informational programs. Orientation Handbook; Page 42. Mechanical Code Board of Adjustments and Appeals Authority: Code of Ordinances Section 18- 1/2 -21 et seq. Six members appointed by the City Council, for three year staggered terms expiring December 31. The Board shall be composed-of the following: One mechanical engineer One mechanical contractor One air conditioning contractor One architect One person from the building industry at large One interested citizen of the City The Board shall hear appeals from interpretations of the Code by the mechanical official, and appeals for variances of the application of any provision of the Code to any case when, in its opinion, the enforcement would do a manifest injustice and be contrary to the spirit and purpose of the Code. Wichita Falls Community Mental Health and Mental Retardation Center Board of Trustees Authority: Article 5547 -203, Vernon's Annotated Civil Statutes; June 7, 1979, First Amendment of August 10, 1973 contract between the City and Wichita County; Resolution No. 1446; Resolution No. 2342. Nine trustees, appointed by the majority vote of the City Council and the Commissioners Court for two year staggered terms. Members serve until their successors are appointed. Trustees shall be qualified voters of Wichita County, Texas. The Board shall govern the Wichita Falls Community Mental Health and Mental Retardation Center, and it shall design programs of mental health and mental retardation services under which local funds contributed by the City and County shall be spent. The Board shall annually file a copy of their proposed budget with the City and County. • Orientation Handbook; Page 43. Park Board Authority: Ordinance No. 48 -86; Code of Ordinances Section 22 -13, et seq. Eleven members appointed by the City Council, for three year staggered terms expiring December 31. Members serve until their successors are appointed. Shall be residents of the City. The Board shall act in an advisory capacity to assist the Director of Parks and Recreation in preparing his annual budget; it shall devise a long range park improvement program and a recreational system; it shall act in an advisory capacity to the City Manager and make recommendations to him regarding the management of the parks; it shall seek the cooperation of all civic organizations to encourage civic beautification and to beautify highway entrances to the City. Planning and Zoning Commission Authority: Local Government Code Section 211.007; Code of Ordinances Section 2 -133 et seq; Ordinance No. 51 -85; Section 7900, Zoning Ordinance. Nine members appointed by the City Council, for three year staggered terms. Members shall serve until their successors are appointed. The City Council appoints the chairman. Shall be residents of the City. No member may serve more than six consecutive years. The Commission shall pass upon plats requested for approval; it shall recommend routes of streets, and the widening and abandoning of them; it shall assist in formulating proper plans of municipal development and growth; it shall hear appeals to the Site Plan Review procedure and Conditional Use Permit applications; it shall make recommendations to the City Council concerning changes to the Zoning Ordinance and Subdivision Ordinance. a Orientation Handbook; Page 44. Plumbing Advisory Board Authority: Section 102.5 of Ordinance No. 2733, the Plumbing Code, Appendix B of the Code of Ordinances; Ordinance No. 42 -85. Nine members appointed by the City Council, for two year staggered terms expiring December 31. Members serve until their successors are appointed. The City Plumbing Inspector shall be secretary of the Board, but shall have no vote. Shall be residents of the City. The Board shall be composed of the following: One licensed mechanical engineer One employee of Lone Star Gas Company Three licensed plumbers, two of whom are licensed master plumbers Four citizens from the City at -large The Board shall make recommendations to the City Council as to modifications in the Plumbing Code, and use of new materials that come onto the market. It may grant variances to the Plumbing Code, or it may modify orders of the Plumbing Inspector. Board of Directors of Reinvestment Zone #1 (Tax Increment Financing) Authority: Texas Tax Code Section 311.009, Tax Increment Financing Act of 1981; Ordinance No. 22 -86; Ordinance No. 100 -86. Five members, who serve two year staggered terms expiring December 31. Members serve until their successors are appointed. The City Council appoints three members, Wichita County appoints one member, and Wichita Falls Independent School District appoints one member. The City Council appoints one member to serve as chairman for a term of one year beginning January 1 of the following year. To be appointed, a person must either be a qualified voter of the City, or be at least 18 years old and own real property in the zone, without regard to whether he or she resides in the City. Orientation Handbook; Page 45. The Board shall make recommendations to the City Council concerning administration of the statute in the zone. The Board must prepare and adopt a project plan and a reinvestment zone financing plan for the zone and submit such plans to the City Council. Traffic Safety Commission Authority: Ordinance No. 11 -88; Code of Ordinances Section 29 -197 et seq. Seventeen members appointed by the City Council, for three year staggered terms expiring December 31. Members serve until their successors are appointed. All shall be residents of the City except for the Sheppard Air Force Base representative. The City Council shall attempt to appoint persons who meet the following qualifications: 1. One person who represents the City Traffic Engineering Division. 2. The Police Department Safety Officer. 3. The Wichita Falls Independent School District School Safety Officer. 4. One person who represents the State Department of Highways and Public Transportation Engineering Department. 5. One person who represents the State Department of Public Safety Patrol Division. 6. One member of the Wichita County Bar Association. 7. One person who is associated with the automobile insurance and /or adjustor industry. 8. One person who represents the transportation industry (trucking, taxi, volunteer services, etc.). 9. Sheppard Air Force Base safety or police representative. 10. One person who represents the Municipal Court. 11. One person who represents the Wichita Falls Bicycling Club. 12. Six citizens of the City who are interested in traffic safety; one shall be appointed from the City at large, and one shall be appointed from each of the Council districts. The Commission shall develop ordinances for controlling traffic safety, for consideration by the City Council, and shall promote traffic safety through education, coordination, recognition and awards. The Commission shall meet the first Wednesday of each month, except July and December. * Orientation Handbook; Page 46. Youth Activities Advisory Council Authority: Ordinance No. 140 -83; Ordinance No. 5 -84; Ordinance No. 82 -85. Twelve members appointed by the City Council, for one year terms, June 1 through May 31. There are two ex- officio non - voting members, one a member of the City Council, and the other the Youth Activities Advisory Council Administrator. Shall be residents of the City and students at a City high school. The Council shall serve as an advisory body for any ordinances related to the youth of the City, and it shall develop programs to identify the needs of the City's youth and to develop a systematic approach to correcting problems as they are identified. Zoning Board of Adjustment Authority: Local Government Code Section 211.008 et seq; Section 7800, Zoning Ordinance. Five members appointed by the City Council, for two year staggered terms expiring December 31. The City Council appoints the Chairman, who shall not serve more than two years. The City Council shall also appoint four alternate members to serve in the absence of one or more regular members. Shall be residents of the City. Members may not hold an elective office of a political subdivision. Members shall serve no more than six consecutive years, but may be reappointed after an absence of two years. The Board shall hear appeals from any decision made by an administrative official in the enforcement of the zoning ordinance; the Board is authorized to grant variances from the terms of the ordinance in proper cases. The Board shall meet not less than once each month or as necessary.