CITY OF FORNEY, TEXAS ORDINANCE NO. 24-51 AN ORDINANCE OF THE CITY OF FORNEY, TEXAS, AMENDING THE RULES OF PROCEDURE FOR THE CITY COUNCIL AND THE BOARDS, COMMISSIONS AND COMMITTEES OF THE CITY OF FORNEY, TEXAS, ADOPTED PURSUANT TO SECTION 3.10 OF THE CITY OF FORNEY HOME RULE CHARTER; PROVIDING SAVINGS, REPEALING AND SEVERABILITY CLAUSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article III, $3.10, of the City Charter authorizes the City Council of the City of Forney (the "City Council") to determine its own rules of order and business; and WHERES, Section 2.15 of the Rules of Procedure (Rules), last amended on August 6, 2024, by adoption of Ordinance No. 24-36, requires any proposed amendments be introduced at the previous regular meeting of the City Council and shall receive preliminary approval of the City Council at such meeting; and WHEREAS, on December 3, 2024, the City Council was presented and deliberated proposed amendments to the Rules, and subsequently voted in unanimous favor to preliminary approve same; and WHEREAS, the City Council desires to amend the Rules of Procedure for the City Council and the Boards, Commissions and Committees of the City of Forney, Texas and finds that it is necessary and proper for the good government, peace or order of the City to adopt an ordinance setting forth the amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORNEY, TEXAS, THAT: Section 1. FINDINGS INCORPORATED All of the above premises are found to be true and correct factual and legislative determinations of the City of Forney and are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. City of Forney - Ordinance No. 24-51 Page 1 Section 2. AMENDMENT OF RULES OF PROCEDURE From and after the effective date of this Ordinance, the Rules of Procedure for the City Council and the Boards, Commissions and Committees of the City of Forney, Texas is hereby amended to read in its entirety as attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. AFFIDAVIT OF CONFIRMATION This Amendment shall not require that current board and commission members of the City of Forney to submit a new Affidavit of Confirmation Acknowledgementy Form. Section 4. SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 5. SAVINGS CLAUSE The Code of Ordinances shall be and remain in full force and effect save and except as amended by this Ordinance. Section 6. REPEALER CLAUSE Any provision of any prior ordinance of the City, whether codified or uncodified, which is in conflict with any provision of this Ordinance, is hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City, whether codified or uncodified, which are not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 7. EFFECTIVE DATE This Ordinance shall become effective immediately upon its passage and publication as required by law. City of Forney = Ordinance No. 24-51 Page - 2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Forney, Texas, on this the 17th day of December, 2024. Mev JasondRoberson, Mayor ATTEST: chna chas ORA Rosa Rios, City Secretary * APPROVED AS TO FORM AND LEGALITY: - Jon Thatcher, City Attorney City of Forney - Ordinance No. 24-51 Page I 3 EXHIBIT "A" Rules of Procedure for the City Council and the Boards, Commissions and Committees of the City of Forney, Texas City of Forney - Ordinance No. 24-51 Page I 4 Rules ofProcedure for the City Council and the Boards, Commissions and Committees of the - City of Forney, Texas . T - - - S a FORNEY 3 T E EXNS Sources Include: Robert's Rules of Order, National Association of Parlamentarians, and Citiesof Bellaire, Dallas, Denton, Huntsville, Kerrville, Killeen, Leander, Murphy, Weatherford and West University Place Table of Contents ARTICLE 1. AUTHORITY, APPLICABILITY, AMENDMENT, AND. ANNUAL REVIEW. 4 1.1 Authority 4 1.2 Applicability. 4 1.3 Amendment 4 ARTICLE 2. GENERAL RULES OF PROCEDURE AND POLICIES 4 2.1 Construction of Authority 4 2.2 City Council/Staff Relationships and Communications. 4 2.3 Meetings Shall Be Public 4 2.4 Conduct of Meetings 5 2.5 Regular Meetings 5 2.6 Special/Town Hall Meetings. 5 2.7 Emergency Meetings 5 2.8 Work Sessions 5 2.9 Executive Sessions. 5 2.10 Recessed Meetings. 6 2.11 Quorum. 6 2.12 Conflict of Interest. 7 2.13 Presiding Officer. 7 2.14 Minutes of Meetings 8 2.15 Suspension and Amendment of Rules. 8 ARTICLE 3. PARLIAMENTARY PROCEDURE 8 3.1 Purpose 8 3.2 Model Format for an Agenda tem Discussion 8 3.3 Types of City Council Actions 9 3.4 The Basic Motions 10 3.5 The Motion to Amend 10 3.6 Discussion and Debate 11 3.7 Other Motions. 11 3.8 Motions Requiring a Two-Thirds or Supermajority Vote to Pass. 11 3.9 Motion to Reconsider. 12 City of Forney - Rules of Procedure Page li 3.10 Courtesy, Decorum and Order 13 3.11 Enforcement of Rules and Procedures 14 3.12 City Council May Discipline its Own Members 15 ARTICLE 4. AGENDA ORDER 15 4.1 Call to Order. 15 4.2 Invocation/Pledge of Allegiance 15 4.3 Presentations and Proclamations 16 4.4 Approval of the Minutes 16 4.5 Open Forum/Citizen Comments 16 4.6 Consent Agenda Items 16 4.7 Public Hearings/Action on Public Hearings 16 4.8 Regular Agenda Items or "Action Items" 17 4.9 City Manager's Report 17 4.10 Announcement of Community Events. 17 4.11 Executive Session Items. 17 4.12 Action on Executive Session Items 17 4.13 Adjournment. 17 ARTICLE 5. WORK SESSION POLICIES AND PROCEDURES. 17 5.1 Purpose 17 5.2 Agenda 18 5.3 Technical Questions 18 5.4 Prohibitions Against Formal Actions. 18 5.5 Audience Comments or Questions. 18 ARTICLE 6. RULES GOVERNING RESIDENT COMMENTS 18 6.1 Purpose 18 6.2 Mayor to State Rules for Audience Comments 18 6.3 Rules Governing Resident Comments 18 6.4 Preservation of Order 19 ARTICLE 7. BOARDS AND COMMISSIONS. 19 7.1 General. 19 7.2 Meeting Times and Agenda Order 19 7.3 Election of Officers. 20 City of Forney - Rules of Procedure Page lii 7.4 Boards with Regulatory Authority. 20 7.5 Boards without RegulatoryAuthorty 20 7.6 Appointments 20 7.7 Terms of Office. 20 7.8 Notice of Appointment; Acceptance 21 7.9 Code of Ethics.. 21 7.10 Board Member Removal 22 7.11 Open Government Training 22 7.12 Attendance. 22 7.13 Forfeiture of Office 23 TABLE OF MOTIONS AND POINTS OF ORDER. 24 For the purposes of these rules, Amendments are not debatable and only require the approval of the Council Member who made the original motion. An amendment to an amendment, requires first the approval of the Council Member who made the original amendment and secondly the approval of the Council Member who made the original motion 24 City of Forney - Rules of Procedure Page iii ARTICLE 1. AUTHORITY, APPLICABILITY, AMENDMENT, AND ANNUAL REVIEW 1.1 Authority. Article III, Section 3.10 of the City Charter of the City of Forney, Texas grants the City Council the right to determine its own rules of procedure; the following rules are enumerated under and by authority of said provision. 1.2 Applicability. The rules of procedure adopted by the City Council are applicable not only to the City Council, but shall apply to all other boards, commissions, and committees oft the City of Forney. The City Secretary shall provide a copy of these rules to newly elected members of the City Council and all board, commission, and/or committee appointees shall then be required to sign an Affidavit of Confirmation verifying they have read and understand these rules. 1.3 Amendment. These rules may be amended or new rules adopted by a majority vote of the members of the City Council present. ARTICLE 2. GENERAL RULES OF PROCEDURE AND POLICIES 2.1 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 Forney, Texas; (5) these rules; and, (6) Robert's Rules as amended and set forth herein. 2.2 City Council/Staff Relationships and Communications. The Council should contact City employees through the City Manager. Council Members should refrain from giving orders or direction to any subordinate of the City Manager, either publicly or privately. Work assignments and policy direction should come from the elected body as a whole and not from individual Council Members. 2.3 Meetings Shall Be Public. 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 72 hours before the time set for any meeting. The Forney City Hall is wheelchair accessible and special parking is available on the south side of the building. If special accommodations are required, please contact the City Secretary a minimum of 24 hours in advance. City of Forney - Rules of Procedure Page 4 2.4 Conduct of Meetings. Meetings of the City Council shall be conducted according to the rules adopted by the City Council, as well as the terms and provisions of Robert's Rules of Order as amended herein and when not inconsistent with these rules. 2.5 Regular Meetings. Regular meetings of the City Council shall be on the first and third Tuesday of each month at 6:30 p.m., unless the meeting is postponed or cancelled for valid reasons. The Council may, by majority vote at a regular meeting, change the days or times of meetings as circumstances may necessitate. The start time of an upcoming meeting may also be changed by the Mayor and/or City Manager based on the size/content of the meeting agenda. All regular meetings oft the City Council will be held in City Hall Annex at 101 E. Main Street, Forney, Texas or at such other location as the City Council may, from time to time by proper posting under the Open Meetings Act and SO long as the meeting is available to the public, designate. No regular meetings shall be held the first two weeks in July nor the last two full weeks of December. The limitations in this provision do not apply to other types of meetings which may be called under Sections 2.6, 2.7,2.8, and 2.9. 2.6 Special/Town Hall Meetings. Special meetings of the City Council may be called upon the request of the Mayor, two Council Members, or the City Manager. A request for a special meeting shall be filed with the City Secretary in written/electronic format unless made at a regular meeting at which a quorum of Council Members is present. The City Manager and all Council Members shall be notified of all special meetings. 2.7 Emergency Meetings. In case of an emergency or urgent public necessity, which shall be expressed in the meeting notice, it shall be sufficient if Council Members receive, and notice is posted, one (1) hour before the meeting is convened. Notice shall also be provided to the media in accordance with the Texas Government Code, Section 551.047. 2.8 Work Sessions. Work Sessions are called for the purpose of conducting a detailed and thorough exploration of matters that may properly come before the City Council. Work Session Policies and Procedures are set forth in Article 5 of these Rules and Procedures. 2.9 Executive Sessions. Executive Sessions are sessions closed to the public. They are only permitted for the purpose of discussing matters enumerated in Chapter 551, Open Meetings, of the Texas Government Code. Disclosure of topics to be discussed shall be made to the public in accordance with the requirements of the Open Meetings Act. City of Forney - Rules of Procedure Page 15 The City Council can retire into an Executive Session as stated on a posted agenda during a regular or special meeting with no need for a motion, second or vote of a majority of the City Council. No other subject except what is posted on the agenda ist to be considered. However, ifi for any agenda item a Council Member determines the need exists to retire into an Executive Session for its deliberation and the item is not posted under the Executive Session section of the agenda, a motion must be made, seconded and affirmed by a majority of the City Council. However, before any such session begins, the presiding officer 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 Manager. No voting or action shall be taken by the City Council during an Executive Session. Adjournment of the Executive Session and any vote needed shall be made during the open public meeting. Ar member of the governmental body who, without lawful authority, knowingly discloses to a member of the public the certified agenda for a meeting that was lawfully closed to the public under the Open Meetings Act is liable for: (a) actual damages; (b) reasonable attorney fees and court costs; and possibly (c) exemplary damages. An offense is a Class B misdemeanor. The governmental body will make and keep a certified agenda of each closed executive session, except for an executive session held by the governmental body to consult with attorney in accordance with Section 551.071 of the Government Code. The presiding officer must certify that the agenda is a true and correct record of the Executive Session. The certified agenda must include (1) a statement of the subject matter of each deliberation, (2) a record of any further action taken, and (3) an announcement by the presiding officer at the beginning and the end of the closed session indicating the time and date. The presiding officer will certify all certified agendas in accordance with state law. The certified agenda shall be sealed and kept for the applicable retention period detailed in the Records Management Policy of the City or Texas State Library & Archives Commission Retention Schedules, subject to opening only by Court order. 2.10 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 work sessions or special meetings, to a date certain by a motion duly passed. 2.11 Quorum. The Open Meetings Act defines a "quorum" as a majority of the governing body unless otherwise defined by applicable law, rule or charter. A quorum of a governmental body's members must be present in order for the governmental body to exercise the authority delegated to it. A quorum of any governmental body must be present to convene an open meeting of that body under the Act. This requirement applies even if the governmental body plans to go into an executive session immediately after convening. (Charter Art. III, Section 3.09) City of Forney - Rules of Procedure Page 6 2.12 Conflict of Interest. A Council Member prevented from voting by a conflict of interest shall step down from the dais and take a seat in the audience, shall not vote on the matter, shall not participate in discussions regarding the matter or attempt to influence the City Council's deliberation of the matter in any way, shall not attend Executive Sessions regarding the matter, and shall otherwise comply with state law and city ordinances concerning conflicts of interest including Chapter 171 and 176 of the Texas Local Government Code and the City of Forney Code of Ethics. Section 176.003 ofthe Local Government Code requires certain local government officers to file a Conflicts Disclosure Statement. A "local government officer" is defined as a member of the governing body of a local government entity, a director, superintendent, administrator, president, or other person designated as the executive director of the local government entity; or an employee of a local government entity with respect to whom the local government has, in accordance with Section 176.005, extended the requirements of Section 176.003 and 176.004. The Conflict of Interest Statement (CIS) form is required to be filed with the City Secretary no later 5:00 p.m. on the seventh (7t) business day after the date on which the officer becomes aware of the facts that require the filing of this statement. Additionally, a local government officer is requiredtoi file an "Affidavit Providing Notice of Potential Conflict ofl Interest" should the officer have a 'substantial interest" in a business or property, as defined in Chapter 171 of the Local Government Code, if the City Council is contemplating taking action that may have a special economic effect on the business property. That affidavit must be filed if the officer or a person related to the officer in the first degree by consanguinity (blood) or affinity (marriage) has the interest. Please contact the City Secretary for a form prior to the meeting for which an affidavit must be filed. 2.13 Presiding Officer. The Mayor shall serve as the presiding officer for all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tem shall serve as the presiding officer. In the absence of the Mayor Pro Tem, the City Secretary shall call the meeting to order if a quorum of the City Council is present. The first order of business shall be for Council to elect by majority vote, a temporary presiding officer from the Council Members then seated and in attendance. The temporary presiding officer shall serve in such capacity until the meeting is adjourned. The Presiding Officer shall serve as the chair of all meetings and shall make final rulings on all questions pertaining to these rules. All decisions oft the Presiding Officer are final unless overruled by the City Council through a Motion to Appeal as described in these Rules. The Presiding Officer is entitled to participate in the discussion and debate, and is entitled to vote only in the event of a tie vote among the Council Members present and shall have no power of veto. The Presiding Officer of boards and commissions shall be the person selected by the board or commission as the chair, co-chair, or vice chair. If these persons are not in attendance, the board or commission secretary shall call the meeting to order. The first order of business shall be for the board or commission to elect by majority vote, a temporary presiding officer from among the Board Members then seated and in attendance. City of Forney - Rules of Procedure Page 7 2.14 Minutes of Meetings. The City Secretary shall keep an account of all proceedings of the City Council; and they shall be open to public inspection in accordance with the laws of the State of Texas. 2.15 Suspension and Amendment of Rules. Any provisions of these rules not governed by federal, state law or the City Charter may be temporarily suspended by a super majority vote of the City Council and may be amended in a similar fashion if such amendment was introduced at the previous regular meeting of the City Council and shall have received preliminary approval of the City Council at such meeting. For the purpose of this section, preliminary approval shall mean a motion and a second with a majority vote to preliminarily approve the amendment/s). ARTICLE 3. PARLIAMENTARY PROCEDURE 3.1 Purpose. The purpose of these rules of parliamentary procedure is to establish orderly conduct of the meetings. Simple rules lead to a wider understanding and participation. Complex rules create two classes: (1) those who understand the rules, and (2) those who do not fully understand and those who do not fully participate. The ultimate purpose of these rules of parliamentary procedure is to ençourage and facilitate decision-making by the City Council and boards and commissions. 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. The City attorney shall serve as the official Parlamentarian. 3.2 Model Format for an Agenda Item Discussion. The following 10 steps may be used as a model or guidebook by the presiding officer. The meeting is governed by the agenda and the agenda constitutes the only items to be discussed. Each agenda item can be handled by the presiding officer (Mayor) in the following basic format: 1. Announce the Item. The Mayor should clearly announce the agenda item number and should clearly state what the subject matter ofthe agenda item is by reading the caption for the item being considered. The exceptions are Consent Agenda items not pulled for individual consideration. 2. Receive a Report. The Mayor should invite the appropriate individual to report on the item, including any recommendation they might have. 3. Ask Clarifying Questions. The Mayor should ask the Council Members if they have any technicalquestions for clarification. At this point, members of the City Council may ask clarifying questions to the people who reported on the item, andi they should be given time to respond. City of Forney - Rules of Procedure Page I 8 4. Seek Resident Input. The Mayor should invite resident comments or if a public hearing, open thepublic hearing stating the time. Upon conclusion, the Mayor should announce the public input period is closed, stating the time. 5. Motion First. The Mayor should invite a motion from the City Council before debate is given on the merits of the item. The Mayor should announce the name of the Council Member who makes the motion. 6. Motion Second. The Mayor should determine if any member of the City Council wishes to second the motion. The Mayor should announce the name of the Council Member who seconds the motion. If no member of the City Council wishes to second the motion, then the motion fails, and should be SO stated by the Mayor. 7. Repeat Motion. If the motion is made and seconded, the Mayor should make certain that everyone (including the audience) understands the motion. This is done in three ways: a. The Mayor can ask the maker of the motion to repeat it; b. The Mayor can repeat the motion; or C. The Mayor can ask the City Secretary to repeat the motion. 8. Ordinance Caption Read. When a motion on an ordinance has been made and seconded, the CitySecretary shall read the caption of the ordinance. 9. Discuss the Motion. The Mayor should now invite the members of the City Council to discuss the motion. If there is no desired discussion, the Mayor may call for a vote. If there has been no discussion or a brief discussion, then there is no need to repeat the motion before taking av vote. Ifthe discussion has been lengthy, iti is a good idea to repeat the motion before calling fort the vote. 10. Vote. The Mayor calls for the vote. Unless a super-majority is required for passage of the motion, a simple majority vote determines whether the motion passes or fails. Unless a member of the City Council seeks recusal from voting on any question where the vote would constitute a conflict ofi interest, all members ofthe City Council, except the Mayor who shall vote only in case of a tie vote among those Council Members present, shall vote upon every question, ordinance or resolution. Any Council Member refusing to vote unless SO excused shall be entered upon the minutes as voting in the affirmative. Action items require a vote. 11. Announce the Outcome. The Mayor announces the results of the vote and should also state what action, if any, the City Council has taken. The Mayor should announce the name of any Council Member who voted in the minority on the motion. 3.3 Types of City Council Actions The City Council adopts standing policy for the City primarily in three forms: (1) Ordinances; (2) Resolutions; and (3) Voted Council Actions. City of Forney - Rules of Procedure Page 9 1. Ordinances An ordinance adopted by the City Council is a law of the City that may be enforced through the court system. The City Manager or any member of the City Council may offer an ordinance for consideration by the City Council. Copies of proposed ordinances are furnished to members of the City Council in their agenda packets. Copies of proposed ordinances are made available at City offices and will be furnished to residents upon request to the City Secretary. A proposed ordinance may be amended, but any ordinance amended in substance must be reconsidered at the next regular meeting, except for ordinances authorizing the issuance of bonds or other obligations. The Charter requires that the City codify all general obligations. General ordinances are those ordinances of a permanent or continuing nature that affect the residents of the City at large. The City Council may legislate by ordinance only. 2. Resolutions Resolutions do not have the force of law. A resolution is adopted to state a policy or to define in writing the intent of the City Council when a law is not necessary. Examples would include a resolution to define the scope and purpose of a City Council committee, or a resolution to define the City Council's policy on an issue. Resolutions are also used to document City Council actions for reference. A list of resolutions is also maintained by the City Secretary. 3. Council Actions In addition to ordinances and resolutions, City Council policy may also be set by City Council action. Those actions are documented in the minutes of the meeting. City Council policy is also supplemented by administrative orders issued by the City Manager and other duly authorized offices of the City, such as clarifications to the personnel manual, or general orders oft the police department. All administrative orders must be in conformance with any policies set by the City Council. 3.4 The Basic Motions. The basic motion is the one that puts forward a decision for consideration. A basic motion might be: "I move approval of the Ordinance as submitted, 1 or "Imake a motion that we deny the Resolution." 3.5 The Motion to Amend. If a Council Member wants to change a basic motion, he or she would have to motion to amend the original or previously amended motion. A motion to amend might be: "I move that we amend the motion to includethe changes we discussed to the Ordinance. A motion to amend seeks to retain the basic motion on thefloor (a motion made and seconded), but to modify it in some way. The motion to amend requires a second and a separate vote, unless the motion to amend has the agreement of the person making the original motion. If the basic motion has already been seconded, themotion to amend must be acknowledged and accepted by the Council Member who seconded the basic motion. City of Forney - Rules of Procedure Page 1 10 3.6 Discussion and Debate. The basic rule of motions is that they are subject to discussion and debate. Accordingly, the basic motion and the motion to amend are all eligible, each in their turn for full discussion by and before the City Council. Discussion and debate can continue as long as the Council Members wish to discuss it, or until the Mayor decides that it is time to move on and call a vote on the motion. 3.7 Other Motions. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the City Council to move on. The following motions are NOT debatable, and the Mayor must immediately call a vote on the motion, if seconded by another Council Member. a. Motion to Adjourn. This motion, if passed and made prior to the time the meeting is naturally scheduled to adjourn after all items on the agenda have been deliberated and/or considered, requires the City Council to immediately adjourn to its next regularly scheduled meeting. This motion requires a simple majority vote. b. Motion to Fix the Time to Adjourn. This motion, if passed, requires the City Council to adjourn the meeting at the specific time set in the motion. For example, "I move we adjourn this meeting atMidnight. - It requires a simple majority vote. C. 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 shall be placed on the agenda at the following City Council meeting. d. Motion to Remove from Table. This motion, if passed, allows the City Council to remove an item previously placed on hold. A vote in favor of removing an item from the table must be made before the item can be presented and City Council can take action on an item that was tabled. 3.8 Motions Requiring a Two-Thirds or Supermajority Vote to Pass. Normally a super majority vote requires a larger number of affirmative votes than a simple majority. For purposes ofthese rules, and where applicable state law does not dictate a contrary result, a super majority vote shall require a minimum of five votes for a two-thirds majority vote. The number of affirmative votes required for a super majority is not reduced by the sickness or absence of one or more Council Members. In circumstances where the number of Council Members available to vote on a particular matter is reduced by a conflict of interest, death, resignation or legal disqualification of one or more of said Council Members, the total number of Council Members voting shall be reduced by a like number and the number of affirmative votes required for adoption re-calculated accordingly. The following table provides an example of the calculation for a super majority vote in instances where the number of Council Members is reduced by a conflict of interest, death, resignation or legal disqualification: City of Forney - Rules of Procedure Page 1 11 Number of Council Members Minimum Number of Votes After Reducing by Conflict of For Two-Thirds Super Interest, Death, Resignation, Majority etc. 7 5 6 4 5 4 4 3 a. Motion to Limit Debate. This motion is sometimes referred to as, "moving the question" or, 'calling the question." - When a member of the City Council makes such a motion, the Council Member is saying, "I have had enough discussion, let's vote on the issue.' 1 When such a motion is made, theMayor should ask for a second, stop the discussion and vote on the motion to limit debate. The motion requires two-thirds, or super majority vote to pass. Meaning, the number of Council Members voting fort the motion must equal four or more. b. Motion to Object to the Consideration of an Item. This motion, if passed, precludes the City Council from even considering the item on the agenda. It does not preclude the item from appearing on a future agenda. The motion requires two-thirds, or super majority vote to pass. (Normally, this motion is unnecessary because the objectionable item can be defeated outright or tabled.) C. Motion to Suspend the Rules. This motion IS debatable, but requires a two-thirds or super majority vote to pass. This motion allows the City Council to suspend its own rules for a particular purpose. For example, the City Council may desire to give a particular speaker more time than normally allowed. A "motion to suspend the rules and give the speaker ten additional minutes," accomplishes this desire. 3.9 Motion to Reconsider. There is a special motion that requires a bit of explanation all by itself: the motion to reconsider. Ai tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. As such, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to reconsider is made. A motion to reconsider requires a simple majority vote to pass, but there are two special rules that apply only to the motion to reconsider. The first issue involves timing. A motion to reconsider must be made at the meeting where the item was first voted upon or at the very next meeting (if properly noticed and on the posted agenda). A motion to reconsider made at a latert time is considered untimely and it may not be considered unless the City Council suspends the rules to consider it. Secondly, the motion to reconsider can only be made by a member of the City Council who voted in the majority on the original motion. The motion to reconsider may be seconded by any member of the City Council regardless of how they voted on the original motion. If a member of the City Council who voted in theminority on the original motion seeks to make a motion to reconsider, it MUST be ruled out of order City of Forney - Rules of Procedure Page 1 12 byt the Mayor. The purpose of this rule is finality. If a Council Member of the minority could make a motion to reconsider, then the item could be brought back again and again, which would defeat the purpose of finality. Ifar motion to reconsider passes, then the original matter is back before the City Council, and a new original motion is in order. The matter may be discussed as if it were on the floor fort the first time. 3.10 Courtesy, Decorum and Order. These rules of order are meant to promote an atmosphere of courtesy and decorum appropriate for the efficient discussion of business. It is the responsibility oft the Mayor (and the members of the City Council) to maintain that atmosphere of courtesy and decorum. The Mayor should always ensure that debate and discussion focus on the item and the policy in question, not on the personalities of the participants of the discussion. Debate on policy is healthy; debate on personalities is not. In order to assist in the creation and maintenance of that atmosphere, the following rules shall govern all meetings: 1. Request to Speak. Before a Council Member, staff member or an audience member may speak, they must first be recognized by the Mayor. Upon recognition, the person requesting to speak shallhold the floor and shall make their point clearly and succinctly. Comments must be kept relevant to the subject before the City Council. The Mayor shall rule on the relevance of comments. Persons making irrelevant, personal, impertinent, overly redundant or slanderous remarks may be barred by the Mayor from further comment before the City Council during the meeting. Audience members who wish to speak during an agenda item must first complete a Citizen Comment Request Form and submit it to the City Secretary before the item has been read into the record. However, a Citizen Comment Request Form is not needed in order to speak during a public hearing item. The Mayor has the right to cut a speaker off if the discussion becomes too personal, too loud, too crude, irrelevant, impertinent, redundant, or slanderous. 2. Order. If a person fails to request to speak before speaking, the Mayor shall rule them Out of Order and remind them that they do not have the floor. While the City Council is in session, all Council Members must preserve order and decorum. A person shall neither, by conversation or otherwise,delay or interrupt the proceedings or the peace of the meeting, nor disturb any other person whilespeaking or refuse to obey the orders of the Mayor. Members of the City Council should not leavetheir seats during a meeting without first obtaining permission of the Mayor, or requesting the meeting be recessed for an established period of time. The Mayor will recess the meeting barring no objection voiced by the City Council. 3. Improper References Prohibited. Every person desiring to speak shall address the entire Council and shall not single out a member of the Council, the audience or a staff member. Speakers shall confine themselves to the question under debate, avoiding all personal attacks and indecorous language. 4. nterruptions. A Council Member, once recognized, shall not be interrupted when speaking unlessit is to call him or her to order, or other such interruption expressed below. If the Council Member, while speaking, is called to order, he or she shall cease speaking until the question of order is determined, and if the Council Member is found to be in order, he or she shall be permitted to proceed speaking. Allowable interruptions or points of order are as follows: City of Forney - Rules of Procedure Page 1 13 a. Point of Privilege. The proper interruption would be: "Point of Privilege." The Mayor would then ask the interrupter to, "state your point. Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room might be too hot or cold, or a fan motor might interfere with a Council Member's ability to hear. b. Point of Order. The proper interruption would be: "Point of Order. n The Mayor would then ask the interrupter to, "state your point." Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the Mayor called for a vote on a motion that permits debate without allowing any discussion. The Mayor shall determine whether the point is "well" or "not well" taken. C. Motion to Appeal. If the Mayor makes a ruling that a Council Member disagrees with, that Council Member may appeal the ruling oft the Mayor by stating, "motion to appeal." If the motion is seconded and after debate if it passes by a simple majority vote, the ruling of the Mayor is reversed. d. Call for orders of the day. This is simply another way of saying, "let's return to the agenda" if a Council Member believes the discussion has strayed from the agenda. The motion does not require a vote. If the Mayor discovers that the discussion has strayed from the agenda, he or she simply returns to the business of the day. e. Withdraw a Motion. During the debate and discussion of a motion, the original maker of the motion on the floor, at any time, may interrupt the speaker to withdraw his or her motion. The motion isi immediately deemed withdrawn and discussion on the motion shall cease. Council Members are free to make the same motion or another motion. 3.11 Enforcement of Rules and Procedures. The following provisions may be used to enforce the good order and decorum of the meeting. The action may be taken by the Mayor under his or her own action, or upon a Motion to Enforce by any Council Member. 1. Warning. The Mayor may order any person (Council Member, staff member or audience member) in violation of these rules to be silent. 2. Removal. If, after receiving a warning from the Mayor, the person continues to disturb the meeting or breech the peace and good order of the meeting, the Mayor may order the person to leave the meeting. If the person does not leave the room, the Mayor may order the Sergeant-at-Arms to remove the person. 3. Sergeant-at-Arms. The Sergeant-at-Arms shall be the highest ranking police officer in attendance at the Council Meeting, or such other officer designated by the Chief of Police for that purpose. Upon instruction of the Mayor, it shall be the duty of the sergeant-at- Arms to remove from the meeting any person who intentionally disturbs the proceedings of the City Council. A violation of these rules may be deemed an attempt to disrupt, obstruct, and/or interfere with a lawful meeting and subject the violator to prosecution under state law for disrupting a lawful meeting. (Section 42.05, Texas Penal Code) 4. Resisting Removal. Any person who resists removal by the Sergeant-at-Arms may be charged with violating Section 42.05 of the Texas Penal Code. 5. Motion to Enforce. Any Council Member may move to require the Mayor to enforce these rulesand the affirmative vote of a simple majority ofthe City Council shall require the Mayor to do SO. A motion to enforce is an allowable interruption and is not debatable. City of Forney - Rules of Procedure Page I 14 3.12 City Council May Discipline its Own Members. In the event a City Council Member violates the City Charter, these rules or any other Ordinance of the City, or acts in a manner that causes embarrassment or disgrace to the City of Forney, the City Council on supermajority vote may discipline the offending Council Member. Such action may only take place after an Executive Session is held to discuss the offense. The offending Council Member shall be present at the Executive Session to answer any questions asked by Council 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 Council Member refusesto attend the Executive Session, the remaining members of the City Council may proceedin 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. Private Censure. The City Council may choose to privately censure the offending Council Member, leaving their comments to the offending Council Member left in the confines of the Executive Session. 3. Public Censure. The City Council may choose to publicly censure the offending Council Member through aresolution passed by supermajority vote and entered into the public record. ARTICLE 4. AGENDA ORDER The City Manager shall prepare an agenda and cause the same to be posted a minimum of 72 hours prior to the meeting. Agendas shall be electronically delivered to the City Council as soon as practicable 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. Council Members may request an item to be included on a future agenda. For an item to be included, requests must be made by at least two members of City Council and submitted to the City Manager's Office by 12:00 p.m. on the seventh (7th) calendar day preceding the date of the meeting at which the item is to be scheduled for. 4.1 Call to Order. The Mayor shall call the meeting to order. 4.2 Invocation/Pledge of Allegiance All meetings of the City Council shall begin with an invocation and the Pledge of Allegiance to the United States flag. City of Forney - Rules of Procedure Page 1 15 4.3 Presentations and Proclamations. The Mayor shall make any presentation or deliver any proclamation as may be scheduled from time to time. Outside entities and organizations granted permission to make a presentation shall be placed in this section. 4.4 Approval of the Minutes. The City Council shall consider the Minutes of any meeting presented for their review since the last Regular Meeting. 4.5 Open Forum/Citizen Comments. All persons desiring to speak to the City Council on a non-agenda item must submit a Citizen Comment Request Form to the City Secretary at least five (5) minutes before the meeting starts. 4.6 Consent Agenda Items. 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.' Said Consent Agenda may consist of any and all business regularly coming before the City Council. All items set out in the Consent Agenda shall be deemed passed upon passage of an affirmative motion, by a vote of the majority of the members of the City Council then seated, that the Consent Agenda be adopted. 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 ifvoted upon separately and as if the caption and/or body of any ordinance therein set out shall have been read in full. Any member of the City Council may request during the Consider Approval of the Agenda segment, 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. If any item was removed from the Consent Agenda, it will be considered immediately following approval of the remainder oft the Consent Agenda. 4.7 Public Hearings/Action on Public Hearings. This section is only used when a statutorily required public hearing is part of the order of business. The Mayor shall first request staff comments. The Mayor shall open the public hearing and receive citizen input. While the public hearing is open, the City Council may ask questions of the speakers, but may not deliberate or argue with the public on the matter at hand. Those speaking at a public hearing are required to follow the rules established herein for resident comments, although a Citizen Comment Request Form is not required. Upon conclusion of resident comments, the Mayor shall close the public hearing. The City Council may deliberate or take action on the matter at hand upon the closing of the public hearing. The authority of the Mayor to open and close public hearings shall not be without limitation and may be subject to other City Council Actions as set forth in these Rules. City of Forney - Rules of Procedure Page 1 16 4.8 Regular Agenda tems or "Action Items". Items for individual consideration shall be considered by the City Council individually and approved by either a simple majority vote or a super majority vote as the case may be. 4.9 City Manager's Report. This section is used for routine reports and announcements provided by the City Manager to the City Council. It also is an opportunity for City Council to ask questions of the City Manager related to project status and clarifications. 4.10 Announcement of Community Events. This section is used to communicate items of community interest, specifically, reminders about upcoming events organized or sponsored by the governing body or other information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that may be of interest to the citizens of Forney. At least one Council Member should attend a city-wide event. It is anticipated that there will be at least one Council Member at each city planned/sponsored event. 4.11 Executive Session Items. This section is only used, when it is necessary for the City Council to convene in Executive Session. Executive Sessions are sessions closed to the public. They are only permitted for the purpose of discussing matters enumerated in Chapter 551, Open Meetings, of the Texas Government Code. Disclosure of topics to be discussed shall be made to the public in accordance with the requirements of the Open Meetings Act. Ifthe subject of the Executive Session warrants, the Executive Session may be held priorto the Regular Session. 4.12 Action on Executive Session tems. This section is only used if Section 4.11 is used. Action on Executive Session Items must be taken during the public/open session of the City Council meeting. Action may include the taking of no action at all. 4.13 Adjournment. The Mayor shall adjourn the meeting after all business under the posted agenda has been concluded or at such time established under any Motion to Fix the Time to Adjourn if that motion was approved by the City Council. ARTICLE 5. WORK SESSION POLICIES AND PROCEDURES 5.1 Purpose. City Council may call and hold Work Sessions for the purpose of conducting a detailed and thorough exploration ofr matters that may properly come before the City Council. The following rules shall prevail for the call and conduct of Work Session meetings. City of Forney - Rules of Procedure Page 1 17 5.2 Agenda. Only a limited number of matters shall be considered by the City Council during a Work Session, and sufficient time for consideration of such matters shall be provided. An abbreviated agenda order shall be used for all Work Session agendas. 5.3 Technical Questions. All questions of a technical nature, which require a detailed explanation for understanding, may be considered in a Work Session. City Council may, through the City Manager, request the attendance of such staff members or outside experts as may be required to answer such questions. 5.4 Prohibitions Against Formal Actions. No formal actions may be taken at a Work Session. City Council may provide staff direction on the matter being considered and ask that the item be placed on a Regular or Special Called Meeting agenda for formal action. 5.5 Audience Comments or Questions. Audience comments or questions will not be considered at a Work Session. ARTICLE 6. RULES GOVERNING RESIDENT COMMENTS 6.1 Purpose. It is the desire of the City Council to hear from the residents of Forney and to stimulate discussion and offer a forum for a cordial and meaningful public debate on matters that are properly a concern of the City Council. The following rules shall control and govern audience comments. 6.2 Mayor to State Rules for Audience Comments. Immediately preceding the opening of a public hearing, or resident input on an agenda item, or1 to receive comments on non-agenda items, the Mayor shall summarize the rules governing comments from the audience. As an alternative, the Mayor may direct the City Secretary to read the rules and publish the same in the Council Chambers. 6.3 Rules Governing Resident Comments. 1. A maximum of 30 minutes will be devoted to receiving comments from the public on each agenda item. Each speaker is limited to one presentation per meeting and a maximum timed limit of three minutes. 2. No individual may address the City Council without submitting a Citizen Comment Request Form five (5) minutes before the start of the meeting, except for public hearings for which the form is not required. The form must clearly state the subject or issue on which the resident wishes to speak. If the subject matter does not pertain to City business, the Mayor shall advise the individual and/or make recommendations as to how they may get the issue addressed. City of Forney - Rules of Procedure Page I 18 3. Residents speaking on agenda items shall restrict their comments to the subject matter listed. 4. Residents speaking on non-agenda items shall only speak on matters pertaining to City business or issues which the City Council would have the authority to act upon if brought forth as an agenda item. 5. City Council may not act upon or discuss any issue brought forth as a non-agenda item; except to: a. Make a statement of specific factual information given in response to the inquiry, or b. Arecitation of existing policy in response to the inquiry. Any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting, or direct staff to review. 6. Proper respect, decorum, and conduct shall prevail at all times. Impertinent, slanderous, or personal attacks are strictly prohibited and violators may be removed from the Council Chambers. 7. No placards, banners or signs may be displayed in the Council Chambers or City Hall. Exhibits relating to a presentation are acceptable. 8. Arguing, intimidation or other disruptive behavior is prohibited. Discussion and/or debate are acceptable only on items specifically listed on the agenda. 9. Unauthorized remarks from the audience, stomping of feet, applauding, whistles, yells, or any type of disruptive behavior is prohibited. Applause of appreciation may be acceptable when recognizing a significant event or achievement. 10. City Council meetings are the workplace to carry out the business of the City of Forney; therefore, any conduct that could constitute harassment in the workplace is prohibited. 11. In all cases, the Mayor shall preside over the City Council meeting and ensure that proper conduct and decorum is adhered to. 6.4 Preservation of Order. The Mayor shall preserve order and decorum and, if necessary, shall cause to be silenced or removed from the Council Chambers any person speaking out of order or disrupting the order of the meeting. ARTICLE 7. BOARDS, COMMISSIONS, AND COMMITTEES 7.1 General. All boards, commissions, and committees are detailed under Article VIII, Commissions and Boards, of the City of Forney Charter. Ad hoc boards may be temporarily appointed and terminate upon completion of a specific task or special purpose for which it was created, or when abolished by a majority vote ofthe City Council. No ad hoc board shall have powers other than advisory to the City Council. Throughout this chapter, the term "Board" in its singular or plural form shall be representative of board, commission, or committee. 7.2 Meeting Times and Agenda Order. Boards shall set their own meeting dates/times by approving an annual meeting schedule as soon as practicable before the end of the preceding year or at the first meeting held in the new year where no such schedule has yet to be adopted. All boards shall be subject to these rules. Each board shall set their own agenda, SO long as it is in accordance with the Texas Open Meetings Act. City of Forney - Rules of Procedure Page 1 19 7.3 Election of Officers. Procedures for the election of officers for all council-created boards are established to ensure consistency with the City Council's goals and policies in making board appointments. Except where otherwise provided by state law, federal law, City Charter, or City ordinances or resolutions, election of officers will be as follows: 1. Election of officers shall be annually and occur in January or February. For those boards not meeting regularly, the election shall be held during the first board meeting of the calendar year. A Chair and Vice Chair shall be elected. If for any reason the Chair or Vice-Chair vacates his/her seat, a special election shall be held to fill the unexpired term. However, in the event the board's enabling legislation states otherwise, officers shall be elected as referenced therein. (Example: For the Planning and Zoning Commission, officers sit for two (2) years per its approved Ordinance.) 2. The staff liaison, designated by the City Manager, shall serve as the official secretary to the board to ensure administrative support is available to each board and that records are maintained in accordance with requirements set forth under the Public Information Act, Open Meetings, Act, and the City's Records Management Policy. However, in the event the board's enabling legislation states otherwise, the secretary shall be designated as referenced therein. (Example: For the Forney EDC, its Articles of Incorporation and Bylaws provide for the designation of their own Secretary.) 3. The City Council shall reserve the right, as deemed necessary in individual instances, to appoint the chair and vice-chair for any special issue or temporary advisory or ad hoc board. If the City Council chooses not to make the chair and/or vice-chair appointment, the procedure outlined for such appointment/s) in this policy will apply. 7.4 Boards with Regulatory Authority. The Board of Adjustment, Building Standards Commission, Capital Improvements Advisory Committee, Forney Economic Development Corporation, Historic Overlay District Architectural Review Board, and Planning and Zoning Commission all have regulatory authority. 7.5 Boards without Regulatory Authority. The Animal Shelter Advisory Committee and Parks and Recreation Board do not haveregulatory authority and are advisory in nature. 7.6 Appointments. The City Council will review applications and or interview eligible applicants for open positions on boards. Applicants will be required to file an online application, to include a resume, vita or similar document that details the individuals work experience and qualifications for service on his/her board(s) of interest. Applicants must appear before the City Council to speak/answer questions prior to being nominated/appointed. However, City Council may, at the corresponding meeting where appointments are being considered, waive this requirement. City of Forney - Rules of Procedure Page 2 20 7.7 Term of Office. A term as referenced herein shall include any period of service in excess of one year, including a term from which the member resigned. A person who has served as a member of a particular board for three consecutive two-year terms will not again be eligible to serve on that same board until at least one term has elapsed, regardless of whether service was as a member or chair. However, the member shall be eligible to serve on another board by going through the standard application, nomination, and appointment process. 7.8 Notice of Appointment; Acceptance. Following appointment of any individual to serve as a member of a board, the City Secretary shall notify the person in writing of the appointment. The notification shall contain the Oath of Office, Statement of Appointed Officer, Council Rules of Procedure Acknowledgement Form, and any other such information determined to be applicable for the member's successful service. The appointee must return the signed Oath of Office, Statement of Appointed Officer, and Council Rules of Procedure Acknowledgement Form to the City Secretary within 14 calendar days from the date of receiving notice of the appointment. 7.9 Code of Ethics. As City Officials, board members are required to adhere to the City's Code of Ethics as outlined in the City Code of Ordinances. Failure to comply with the requirements set forth in the Code of Ethics may subject the board member to removal from office (See Section 7.10). 1. Conduct himself/herself in a manner that fosters public trust. 2. Perform public duties in a way that projects a high level of personal integrity and upholds the integrity of the organization. 3. Avoid behavior that calls his/her motives into question and erodes public confidence in his/her board, the City or members of the City Council. 4. Place the municipality's interests and the concerns of those the city serves above private, personal interests. 5. Value honesty, trustworthiness, diligence, objectivity, fairness, due process, efficiency, and prudence as values the city professes. 6. Balance transparency with the duty to protect personal privacy and preserve the confidential information with which the city has been entrusted. 7. Have no conviction that is considered by the City Council to be SO serious that it should serve as a disqualification from initial appointment or continued service. 8. Not be an adversary party to pending litigation or a claim against the city or a city employee, except for eminent domain proceedings; disqualification of an appointee under this subparagraph may be waived by the city council after review of the specific circumstances unless the subject of the litigation or claim involves the board on which the appointee will serve or the department providing support services to that board. City of Forney - Rules of Procedure Page 4 21 7.10 Board Member Removal. Except as otherwise noted for forfeiture of office, members appointed to boards serve at the will of the City Council and may be removed or replaced prior to the end of his/her appointed term at the discretion of the City Council, by a super majority vote, with or without cause. When conducting the business of the City, appointed members of all boards, commissions, or committees shall follow the rules of procedure set forth for the City Council. 7.11 Open Government Training. Upon initial appointment, within 90 days of taking the oath of office or assuming duties, all board members shall be required to receive training on the Texas Public Information Act and the Texas Open Meetings Act within 91 days from being issued the initial Oath of Office. Training Certificates must be submitted to the City secretary or his/her representative. 7.12 Attendance. City Council understands that membership on the City's boards is voluntary, and appointed members must balance both their personal obligations and that of their role as representative ofthe City. However, because of the importance of citizen boards, the need to establish an attendance policy exists. Each member is asked to make every effort to attend all meetings of his/her respective board. Members who cannot attend a meeting must contact the chair or an appropriate staff liaison to report his/her absence before the start of the meeting or as soon as practicable thereafter and provide the reason why he/she is unable to attend the meeting. a. Excused Absences: No member shall be excused from attendance at any board meeting (regular, special, retreat, work session, tour), unless the absence is a result of personal or family illness, vacation, death of a family member, jury duty, service in the armed forces, testifying before the legislature, attending a seminar involving municipal matters of importance to the member's duties, absence necessary for the member's business or employment, and/or any related emergencies or other matters which the board finds qualifying as an excused absence or unless excused by the city council. Such reasons shall constitute an excused absence. More than three unexcused absences in succession shall result in a forfeiture of office. However, the member has the ability to seek reappointment to the same or another board of interest. b. Requests for absence to be excused: In the event the absence does not meet any of the above noted criteria for an excused absence, the member may submit a request to have the absence excused to the board liaison in writing no later than ten (10) business days after the date the absence occurred. Any such request not submitted within ten (10) business days shall automatically render the absence as unexcused. The board may, upon an affirmative vote of the majority of members present, refer the request for an excused absence to the City Council. In that event, the board liaison shall notify the City Secretary who shall schedule an item on the next available City Council agenda. City of Forney - Rules of Procedure Page 2 22 The following attendance requirements shall apply to all appointees: a. A member of a board that meets weekly or semi-monthly, who is absent from more than 25 percent of any board meeting (regular, special, retreat, work session) in any six-month period, whether excused or not, shall result in a forfeiture. b. A member of a board that meets monthly, who is absent from more than 25 percent of any board meeting (regular, special, retreat, work session) during any 12-month period, whether excused or not, shall result in a forfeiture. C. Ar member of a board that meets three times a year, who is absent from two (2) board meetings (regular, special, retreat, work session) during any 12-month period, whether excused or not, shall result in a forfeiture. d. A member of a board that meets once a year, who is absent from that meeting two years in a row, whether excused or not, shall result in a forfeiture. An office that has been forfeited under the provisions of this section shall be filled for the remainder of the term by appointment of the city council. For purposes of this section, the record of a member's absences will begin with the first regular meeting after the 15th day from the date the member received notice of appointment. In the event a new member fails to meet attendance requirements, that board position shall be considered vacant and a new appointment made. The City Secretary's Office shall notify the member immediately and advise him/her they have forfeited his/her position on the applicable board. City Council shall reserve the right to consider appointment of the forfeited member either to the same or a different board at a future date as long as that individual has submitted a new application. 7.13 Forfeiture of Office. A member shall forfeit their office for the following reasons: a. Failure to complete the Open Government Training and submit the corresponding Certificates of Training to the City Secretary, or his/her representative, by the 915t day from the date the initial Oath of Office was issued. b. Failure to meet the attendance requirements set forth under Section 7.12. C. Failure to live within the city limits of the City of Forney or maintain a qualified voter status of the City, unless a City ordinance/resolution or other State regulation indicates such qualifications are not necessary. d. Failure to submit Oath of Office, Statement of Officer, and ROP Acknowledgement Form to City Secretary's Office within the 14-calendar day deadline. City of Forney - Rules of Procedure Page I23 TABLE OF MOTIONS AND POINTS OF ORDER REQUIRES VOTE MOTION/ORDER DEBATABLE AMENDABLE SECOND TYPE Basic Motion Yes Yes Yes Simple Motion to Amend * No Yes N/A Motion to Adjourn Yes No No Simple Motion to Recess Yes No Yes Simple Motion to Fix the Time to Yes No No Simple Adjourn Motion to Table Yes No No Simple Motion to Limit Debate Yes No No Super Motion to Object to the Yes No No Super Consideration of an Item Motion to Suspend Rules Yes No No Super Motion to Reconsider Yes Yes Yes Simple Point of] Privilege No No No N/A Point ofOrder No No No N/A Motion to Appeal Yes Yes No Simple Call for Orders of the Day No No No N/A Withdraw a Motion No No No N/A Motion to Enforce Yes No No Simple For the purposes of these rules, Amendments are not debatable and only require the approval of the Council Member who made the original motion. An amendment to an amendment requires first the approval of the Council Member who made the original amendment and secondly the approval of the Council Member who made the original motion. City of Forney - Rules of Procedure Page 4 24