for the
Mayor and City Council
Laredo, Texas
2001-2002
Second Edition
The City of Laredo Mayor and City Council
January, 2001
Introduction
True Laredo leaders function enthusiastically at all levels, ranging from addressing the loftiest and most critical goals to performing administrative details required to pass ordinances. Equally important, they must communicate effectively not only with their constituents, but also with their colleagues. Typically that communication includes receiving advice from appointed officials, facilitating interaction at meetings, disseminating targeted public information and receiving timely internal information.
The Laredo Mayor and City Council comprise a strong, united leadership team truly committed to public service through customer service. Their legislative authority to pass ordinances, resolutions and motions is as important as their responsibility to work with their appointees to advisory committees and with City personnel. Cumulatively, their goal is to meet the needs and interests of their constituents, with a primary focus on providing cost-effective City services.
Priority Procedures for the Mayor and City Council is intended to facilitate the leadership and communication processes that are imperative for customer service. It delineates specific policies and procedures in the following four priority areas:
Priority I. Commissions, Boards and Committees
Priority II. Council Meetings
Priority III. Public Information
Priority IV. Communication with City Staff
These procedures will be helpful to leaders interested in consistency and efficiency as well as in accessibility and accountability. They also will serve as a source of information about procedures for accomplishing important responsibilities such as appointing members of advisory committees, placing items on Council agendas, scheduling workshops and meetings and disseminating internal and public information.
Instead of merely adapting and adopting another city’s handbook, the Laredo Mayor and City Council, through its Protocol, Procedures and Customer Service Committee, developed a customized, tailored set of priority procedures. Early in the process, while scrutinizing a vast collection of handbooks developed for other Texas cities, Committee members realized they needed their own manual that was developed from the perspective of the Mayor and Council Members, rather than of City staff. Their primary purpose was to enhance their united efforts to respond more efficiently and effectively to their constituents, the families of Laredo. The result is an original collection of guidelines that are as timely and appropriate as they are practical and precise, especially because they are targeted for the purpose at hand and the persons who interact in public service.
This second edition includes four appendices that can be helpful independently. Appendix A is the official list of the City of Laredo’s Commissions, Boards and Committees, effective January, 2001. To facilitate the responsibility of developing and submitting timely the reports and records required herein, Appendix B includes 10 templates that save time and eliminate guesswork. Appendix C is the City of Laredo’s Comprehensive Public Information Plan, while Appendix D reflects Fair Rules for Political Forums, including forms for program agendas and order of presentation.
Every effort was made to research relevant legislation and ordinances and to modify proposed procedures for compliance and consistency. To ensure their longevity, procedures were written to identify their historical sources as the basis from which to define current and projected directives. What’s more, the Charter of the City of Laredo was scrutinized. As a result this handbook includes proposals for amending the Charter for timeliness and appropriateness, for clarity and consistency.
When proposed procedures were in conflict with the City’s Charter, the latter was honored, but proposals for its amendment were incorporated in ALL CAPS. When possible Charter inconsistencies with state laws were identified, additional Charter amendments were proposed in ALL CAPS, and clarifying procedures were included.
Developing this handbook of priority procedures for the Laredo Mayor and City Council required building consensus and combining the expertise of City leaders and personnel. It served the purpose of defining a set of practical procedures to streamline the process of working together for the public good. Such unity of purpose is reflected throughout this work in progress that was written with constituents in mind, first, foremost and always.
Priority I. Commissions, Boards and Committees
The City of Laredo’s commissions, boards and committees advise and assist the Mayor and City Council meet their responsibilities. While the City Charter calls for the creation of a Charter Commission, Districting Commission, Planning and Zoning Commission and a Board of Adjustment, the Mayor and Council Members serve on committees and boards with other elected and appointed officials and create standing and ad hoc advisory committees.
Laredoans who accept the challenge of serving on the City’s commissions, boards and committees will be held to the highest standards of performance, ethics and accountability and will be charged with specific responsibilities. Generally, they are advisers to the Mayor and Council, but do not speak or act for them. Their valuable leadership, service and generosity of time are an appreciated community service.
The extensive research conducted regarding this important subject is reflected in the “References” section. It is enriched by the consensus-building interaction that resulted in the procedures defined herein.
This chapter of the Priority Procedures for the Laredo Mayor and City Council focuses on the procedures related to creating appointed bodies, nominating and confirming their members, defining their enabling and operational authority, delineating their requirements and benefitting from their advice. It is intended to enhance efficiency and effectiveness and to empower City elected and appointed officials to do an even better job for Laredoans.
I. Commissions and board created by Charter, City of Laredo (1995)
A. City Charter Revision Commission (Charter, 12.08, 44, 33)
1. Creation: The Council shall appoint a City Charter Commission every 10 years, as directed by the Charter. (Charter, 44)
a. The Council shall appoint a City Charter Revision Commission by Feb. 1, 2002, and every 10 years thereafter, to continue the work of the 1981 Charter Commission that framed the 1982 Charter and of the 1992 Charter Revision Commission that framed the 1995 Charter.
b. (PROPOSAL: AMEND CHARTER TO CHANGE NAME TO CHARTER REVISION COMMISSION.)
c. (PROPOSAL: AMEND CHARTER TO REQUIRE APPOINTMENT OF CHARTER REVISION COMMISSION AT LEAST EVERY 10 YEARS, BUT NOT MORE OFTEN THAN EVERY TWO YEARS.)
2. General powers and duties: The Charter Revision Commission is an ad hoc advisory committee that shall review the Laredo City Charter and make recommendations for amendments to the Mayor and City Council. (Charter, 44)
3. Membership: The Mayor and each Council Member shall appoint one member to the nine-member commission.
4. Terms: Generally, commissioners shall serve two-year terms.
5. Chair and Vice Chair: The Chair and Vice Chair of the Charter Revision Commission shall be nominated by the Mayor from among its members and confirmed by a two-thirds vote of Council Members (minimum six ayes).
a. The Chair and Vice Chair shall serve for the term of the commission.
b. The Mayor and Council shall fill vacancies by the same procedure or may delegate the duty to the commission.
c. Officers elected to fill vacancies shall serve for the unexpired term.
6. Duration: The Laredo Charter Revision Commission shall expire two years after its creation, unless it completes its task sooner.
a. If the commission submits its written report of Charter revision recommendations to the Mayor and Council before two years, its task is considered completed and its term automatically expired.
b. Under no circumstances, however, shall the commission’s term be longer than two years.
7. Reports: The commission shall submit the following written reports to the Mayor and Council via the City Secretary or the City Secretary’s designee:
a. Minutes of all meetings.
b. Biannual reports by January 1 and July 1.
(1) The commission may by majority vote of members present propose a schedule with earlier, but not later, report deadlines.
(2) A proposed revised schedule must be approved by a two-thirds vote of the Council (minimum six ayes).
c. Report deadlines shall apply to the 2001-02 Charter revision process and adapted every 10 years thereafter.
8. Charter amendments: The City Charter Revision Commission shall recommend Charter amendments for consideration by the Mayor and Council, who may amend the recommendations and/or propose additional amendments. (Charter, 44)
a. “Amendments to this Charter may be framed and submitted to the voters of the City in the manner provided by Chapter 13, of Title 28 of the Revised Civil Statutes of Texas 1925, as now or hereafter amended.” (Charter, 44)
(1) (PROPOSAL: AMEND CHARTER TO UPDATE CITATION.)
(2) (PROPOSAL: AMEND CHARTER TO CLARIFY COUNCIL’S AUTHORITY TO AMEND RECOMMENDATIONS SUBMITTED TO THEM AND TO PROPOSE THEIR OWN AMENDMENTS BEFORE SUBMITTING PROPOSED CHARTER AMENDMENTS TO THE VOTERS.)
b. The Council may call an election to provide an opportunity for qualified City voters to amend the Charter by a majority of votes cast for each amendment. (Texas Constitution, Art. 11, Sec. 5; Local Government Code, Chapter 9)
c. The Charter shall not be amended more frequently than every two years. (Texas Constitution, Art. 11, Sec. 5)
d. Charter amendments are subject to such limitations as may be prescribed by the Texas Legislature and shall be consistent with the Texas Constitution and general laws enacted by the Legislature. (Texas Constitution, Art. 11, Sec. 5)
e. The Council also “on its own motion may submit a proposed charter amendment to the municipality’s qualified voters for their approval at an election.” (Local Government Code, Chapter 9, Sec. 9.004)
f. Charter amendments shall be handled in the same manner as an ordinance introduced by a Council Member, following the same process for adopting ordinances before submitting them to the voters for their consideration.
g. Charter amendments proposed by the Mayor and Council must be presented at two public hearings and must be adopted by a two-thirds vote of Council (minimum six ayes) before being submitted to the voters for their consideration.
h. Voters shall consider Charter amendments by ballot title. (Charter, 34)
(1) Charter amendments “to be voted on by the voters of the City shall be presented for voting by ballot title,” which “may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice.” (Charter, 34)
(2) “Below the ballot title shall appear the following question: ‘Shall the above described amendment be adopted?’ Immediately below such question shall appear in the following order, the words ‘yes’ and ‘no’ and to the left of each a square in which by making a cross (X) the voter casts his vote.” (Charter, 34)
(3) Ballots used in Charter amendment elections shall be translated into and be available in Spanish.
B. Redistricting Commission (Charter, 10.08.B., 35-36)
1. Creation: The Council shall appoint a Districting Commission every 10 years, as directed by the Charter. (Charter, 35)
a. Because the federal census was conducted in 2000 and data should be released by April 15, 2001, but the Redistricting Commission’s report deadline seems to be set by the Charter on Jan. 1, 2001, the Council shall appoint Commissioners by Feb. 1, 2000, and every 10 years thereafter.
b. (PROPOSAL: AMEND CHARTER TO CHANGE NAME TO CHARTER REDISTRICTING COMMISSION.)
c. (PROPOSAL: AMEND CHARTER TO CLARIFY DEADLINE AFTER CERTIFIED CENSUS DATA ARE AVAILABLE.)
2. General powers and duties: The Redistricting Commission is an ad hoc advisory committee that shall review the Laredo City Council districts and federal census data, then submit a recommended plan for adjusting Council district boundaries to the Mayor and City Council for their consideration.
3. Membership: Each Council Member shall appoint two members to the 16-member commission. (Charter, 35)
4. Terms: Generally, commissioners shall serve two-year terms.
5. Chair and Vice Chair: The Chair and Vice Chair of the Redistricting Commission shall be nominated by the Mayor from among its members and confirmed by a two-thirds vote of Council (minimum six ayes).
a. The Chair and Vice Chair shall serve for the term of the commission.
b. The Mayor and Council shall fill vacancies by the same procedure or may delegate the duty to the commission.
c. Officers elected to fill vacancies shall serve for the unexpired term.
6. Duration: The Laredo Redistricting Commission shall expire two years after its creation, unless it completes its task sooner.
a. If the commission submits its written report of redistricting recommendations to the Mayor and Council before two years, its task is considered completed and its term automatically expired.
b. Under no circumstances shall the commission’s term be longer than two years and two months.
7. Reports: The commission shall submit the following written reports to the Mayor and Council via the City Secretary or the City Secretary’s designee, but submitted by the Planning Department Director or the Director’s designee:
a. Minutes of all meetings.
b. Monthly reports from the time the commission organizes, receives data and submits its final report.
c. First draft of final report of redistricting recommendations by July 1, 2001; second draft by September 1, 2001; and final report by December 1, 2001.
(1) This deadline schedule is intended to ensure compliance with Charter provisions and to provide sufficient time for the Mayor and Council to take timely action at least 90 days before the next regular City election. (Charter, 35-36)
(2) The commission may by majority vote of members present propose a schedule with earlier report deadlines.
(3) A proposed revised schedule must be approved by a two-thirds vote of Council (minimum six ayes).
d. The December 1, 2001, report shall be considered the commission’s annual report.
e. Report deadlines shall apply to the 2000-2001 redistricting process and adapted every 10 years thereafter.
8. Redistricting recommendations: By January 1 after every federal census, or as soon as feasible after the U.S. Census Bureau releases certifiable population figures, the Redistricting Commission shall submit a report that includes a recommended plan for adjusting Council district boundaries. (Charter, 35)
a. The report shall be submitted to the City Secretary and shall be drafted as a proposed ordinance. (Charter, 35)
b. The report shall include a map and a description of each Council district. (Charter, 35)
(1) Each district shall be formed of compact, contiguous territory and shall be as nearly rectangular as possible. (Charter, 35)
(2) Each district’s boundary lines shall follow the center lines of streets. (Charter, 35)
(3) Each district shall include as nearly as possible the same number of people and shall not differ in population by more than 10 percent from the population in the smallest district created. (Charter, 35)
c. The report may include recommendations for new polling places that may be more accessible to voters in the redrawn districts.
d. After it is filed with the City Secretary, the Redistricting Commission’s report shall be treated as an ordinance introduced by a Council Member. (Charter, 35)
(1) The procedure for the Council’s consideration of the report, including Council amendments, shall be the same as procedures followed for other ordinances. (Charter, 35)
(2) If a summary of the ordinances is published pursuant to Section 2.09 of the Charter, which details the mechanics of passing ordinances, it must include the map and the description of the recommended Council districts. (Charter, 35)
e. The Council shall adopt the ordinance at least 90 days before the next regular City election, or it shall be deemed to have been adopted and shall have the force of law. (Charter, 35)
(1) Effective the date of enactment, the new Council districts and boundaries shall supersede previous Council district boundaries for all purposes of the next regular City election. (Charter, 36)
(2) Effective the date on which all Council Members elected at that regular City election take office, the new districts and boundaries shall supersede previous districts and boundaries for all other purposes. (Charter, 36)
f. As required by law, the Council shall review anew the location of polling places in the redrawn districts and shall work with other governmental process to enhance efficiency and to ensure accessibility for voters.
C. Planning and Zoning Commission (Charter, IX., 30-32)
1. Creation: The Mayor and Council shall appoint members of the Planning and Zoning Commission, as directed by the Charter. (Charter, 30)
2. General powers and duties: The Planning and Zoning Commission is a standing advisory committee that shall make recommendations to the Council and to the City Manager regarding the physical development of the City, including the “Comprehensive Plan of Laredo” and its implementation.
3. Membership: The Mayor and each Council Member shall appoint one member to the nine-member commission. (Charter, 30)
4. Terms: Generally, commissioners serve terms concurrent with those of their respective appointing officials. (Charter, 30)
a. Commissioners may be reappointed, but may not serve as members of the commission for more than eight years.
b. The eight-year term limit applies uniformly, whether commissioners are appointed for non-consecutive years and/or by different appointing officials.
5. Chair and Vice Chair: Commissioners shall elect their Chair and Vice Chair from among their membership.
a. The Chair and Vice Chair shall serve one-year terms and may be reelected.
b. The commission shall fill vacancies in these offices by the same procedure.
c. Officers elected to fill vacancies shall serve for the unexpired term and may be reelected.
6. Duration: The Laredo Planning and Zoning Commission is created by Charter directive and shall exist until the Charter is amended to the contrary.
7. Reports: The commission shall submit copies of the minutes of all meetings to the Mayor and Council via the City Secretary or the City Secretary’s designee.
8. Planning and Zoning recommendations: The commission shall make recommendations to the Council and to the City Manager regarding all matters affecting the physical development of the City, shall be consulted regarding the City’s comprehensive plan and its implementation and shall exercise all other responsibilities provided by law. (Charter, 30)
a. Before adopting the annual budget, the Council shall forward to the Planning and Zoning Commission the City Manager’s “Comprehensive Plan of Laredo” that sets forth in graphic and textual form the proposed policies to govern the City’s future development. (Charter, 31)
b. The plan shall serve as a guide for all future Council actions regarding land use and development regulations, urban renewal programs and expenditures for capital improvements. (Charter, 31)
(1) The plan may cover the entire City and all of its functions or specific geographic areas that cumulatively cover the entire City and all of its functions and services. (Charter, 31)
(2) Within the time specified by the Council, the Planning and Zoning Commission shall review the City Manager’s proposed comprehensive plan and shall submit related recommendations to the Council. (Charter, 31)
(3) After receiving the commission’s recommendations, the Council shall conduct a public hearing regarding the proposed comprehensive plan or modification thereof and shall thereafter adopt it by resolution, with or without amendment. (Charter, 31)
c. The Council shall implement the “Comprehensive Plan of Laredo” as specified by the Charter:
(1) Land use and development regulations: “The Council may by ordinance adopt land use and development regulations including but not limited to an official map and zoning and subdivision regulation.” (Charter, 31)
(2) Urban renewal: The Council may by ordinance provide for redevelopment, rehabilitation, conservation and renewal programs for:
(a) the alleviation or prevention of slums, obsolescence, blight, or other conditions or deterioration and
(b) the achievement of the most appropriate use of land. (Charter, 31)
d. Before acting on a proposed ordinance that relates to the comprehensive plan and/or concerns land use and development regulations, urban renewal or expenditures for capital improvements, the Council shall refer the proposal to the Planning and Zoning Commission. (Charter, 32)
(1) The commission shall review the proposal within the time specified by the Council and shall report its related recommendations. (Charter, 32)
(2) Upon adopting such an ordinance, the Council shall make findings and shall report the relationship between the ordinance and the comprehensive plan. (Charter, 32)
e. If an adopted ordinance is inconsistent with the comprehensive plan, the plan shall be deemed to be amended in accordance with the Council’s findings and report. (Charter, 32)
D. Board of Adjustment (Charter, 9.05, 32)
1. Creation: The Mayor and Council shall appoint the Board of Adjustment established by ordinance, as directed by the Charter. (Charter, 32)
a. (PROPOSAL: AMEND CHARTER TO CLARIFY THAT BOARD OF ADJUSTMENT WAS ESTABLISHED BY ORDINANCE AND ADDITIONAL ORDINANCES DO NOT HAVE TO BE ADOPTED.)
b. (PROPOSAL: AMEND CHARTER TO CLARIFY DIFFERENCE BETWEEN “APPOINT” AND “NOMINATE/CONFIRM.” GENERALLY, AN APPOINTING OFFICER’S NOMINEE IS CONSIDERED APPOINTED AFTER A CONFIRMATION VOTE, WHEN REQUIRED.)
c. (PROPOSAL: AMEND CHARTER TO ENSURE THAT REFERENCES TO BOARD’S POWERS AND DUTIES ARE CONSISTENT WITH STATE LAW, SPECIFICALLY REGARDING THE BOARD’S CONSIDERING PETITIONS FOR VARIANCES IN THE CASE OF PECULIAR AND UNUSUAL CIRCUMSTANCES THAT WOULD PREVENT “THE REASONABLE USE OF LAND IN LAREDO.”)
2. General powers and duties: The Board of Adjustment is a standing quasi-judicial board that shall hear and determine appeals from administrative decisions, petitions for variances in the case of peculiar and unusual circumstances and other subjects permitted for its consideration as authorized by state statutes.
3. Membership: The Mayor and Council shall select five regular and four alternate Board Members by the following process:
a. The Mayor and each Council Member shall nominate one member whose name shall be included in a lottery to select members and alternates. (Charter, 32)
b. The first five names drawn in lottery will be the regular members. (Charter, 32)
c. The other four will be alternates. (Charter, 32)
d. (PROPOSAL: AMEND CHARTER TO CHANGE TO THE FOLLOWING LOTTERY PROCESS:
(1) EACH NOMINEE WILL SELECT A NUMBER FROM ONE TO NINE.
(2) THOSE WHO DRAW NUMBERS FROM ONE TO FIVE SHALL BE REGULAR MEMBERS.
(3) THOSE WHO DRAW NUMBERS FROM SIX TO NINE SHALL BE ALTERNATES.)
4. Terms: The terms of members shall run concurrently with those of their respective nominators, but no member shall serve on the Board of Adjustment for more than four years. (Charter, 32)
5. Chair and Vice Chair: Board members shall elect their Chair and Vice Chair from among their membership.
a. The Chair and Vice Chair shall serve one-year terms and may be reelected.
b. The Board shall fill vacancies in these offices by the same procedure.
c. Officers elected to fill vacancies shall serve for the unexpired term and may be reelected.
6. Duration: The Board of Adjustment was created by ordinance, as per Charter directive, and shall exist until the Charter is amended to the contrary.
7. Reports: The board shall submit copies of the minutes of all meetings to the Mayor and Council via the City Secretary or the City Secretary’s designee.
8. Hearing appeals: The Board of Adjustment shall honor the standards and procedures established by the Council in hearing and determining “appeals from administrative decisions, petitions for variances in the case of peculiar and unusual circumstances which would prevent the reasonable use of land and such other matters as may be required by the Council or by law.” (Charter, 32)
E. Across-the-board requirements for members of the commissions and board created by Charter
1. Qualifications: At the time of their appointment and during their terms, members shall reflect the following qualifications:
a. shall be American citizens,
b. shall have resided within the Laredo city limits for at least the last five years,
c. shall be qualified City registered voters,
d. shall not be employed by the City in any capacity nor hold any other City office and,
e. if a member of the Planning and Zoning Commission, shall live in the district of the appointing officer. (Charter, 30)
2. Compensation: Members shall serve without pay but may be reimbursed for business expenses incurred in relation to their duties, if budgeted and in accordance with City policies and procedures.
3. Texas Open Meetings Act: Members shall comply with all provisions of the Texas Open Meetings Act.
4. Additional requirements: Unless exceptions are stated herein to the contrary, members also shall comply with the across-the-board requirements established by the Mayor and Council for commissions, boards and committees created and/or appointed by the Mayor and Council.
II. Commissions and boards created by other governmental bodies
A. Metropolitan Planning Organization
1. Creation: Consistent with federal and state laws, the City shall be represented and serve with state and county officials on the Metropolitan Planning Organization designated by the Laredo Urban Transportation Study.
2. General powers and duties: The Metropolitan Planning Organization shall be responsible for identifying local transportation needs in cooperation with the Texas Department of Transportation and for proposing and recommending projects for all modes of urban transportation to governmental bodies that are responsible for program development and project implementation.
3. Membership: Consistent with the bylaws of the Metropolitan Planning Organization, the Mayor and three Council Members shall serve with county and state members on the nine-member board, provided the Council Members are nominated by the Mayor, subject to Council confirmation.
4. Qualifications: Council Members shall be nominated by the Mayor, subject to Council confirmation.
5. Terms: Consistent with the bylaws of the Metropolitan Planning Organization, members shall be appointed for two-year terms that begin with the election of the Mayor and may be reappointed.
6. Duration: The Metropolitan Planning Organization shall exist as long as it is required by federal and state laws or regulations and/or by local initiatives of the Mayor and Council, whether independently or in cooperation with other governmental bodies.
7. Reports: Activities shall be reported regularly to the Mayor and Council by the City Planning Director who, consistent with the bylaws of the Metropolitan Planning Organization, serves as its Transportation Planning Director.
1. Creation: Consistent with state law, the Mayor and Council by resolution declared a need for the Laredo Housing Authority.
2. General powers and duties: The Laredo Housing Authority is a standing advisory committee that “exercises public and essential governmental functions and has the powers necessary or convenient to accomplish the purposes and provisions” related to the establishment, maintenance and administration of housing projects, consistent with the Texas Housing Authorities Law.
3. Membership: The Mayor shall appoint the five-member Laredo Housing Authority, including at least one housing project tenant. (Local Government Code, Sec. 392.0331)
a. Council confirmation is not required by state law, but is allowed by procedures adopted by the Mayor and Council in this handbook.
b. The Mayor may seek Council confirmation for Laredo Housing Authority members as a courtesy, for consistency and as an efficient means of making a public record.
4. Qualifications: At the time of their appointment, members shall reflect the following qualifications:
a. shall be American citizens,
b. shall have resided within the Laredo city limits for at least the last five years,
c. shall be qualified City registered voters,
d. shall not be employed by the City in any capacity nor hold any other City office and,
e. if a tenant of a public project over which the housing authority has jurisdiction, shall not have served a previous term. (Local Government Code, Sec. 392.0331.f)
5. Terms: Generally, members shall serve two-year terms and may be reappointed, provided they serve no more than eight years and are not otherwise prohibited by the qualifications stated above.
6. Duration: The Laredo Housing Authority shall be authorized by the City of Laredo as long as there is a need to remedy the conditions described in the Texas Housing Authorities Law.
7. Reports: Consistent with state law, at least once a year, the Laredo Housing Authority shall file a report of its activities for the preceding year and shall make recommendations for additional legislation or other action it considers necessary to carry out the purposes of state law. (Local Government Code, Sec. 392.062)
a. The Authority shall submit reports to the Mayor and Council via the City Secretary or the City Secretary’s designee.
b. The annual report required by state law shall be the annual report required herein by January 1 and shall be consistent with reporting requirements, deadlines and procedures defined by the Mayor and Council.
C. South Texas Development Council
1. Creation: Consistent with state law, the City shall be represented on the South Texas Development Council.
2. General powers and duties: The South Texas Development Council is a standing regional planning commission that shall “make studies and plans to guide the unified, far-reaching development of a region, eliminate duplication, and promote economy and efficiency in the coordinated development” of Webb, Jim Hogg, Starr and Zapata counties. (Local Government Code, Sec. 391.001)
3. Membership: Consistent with the bylaws of the South Texas Development Council, the Mayor shall nominate five members of the 19-member commission, subject to Council confirmation.
a. Other members shall represent Webb, Jim Hogg, Starr and Zapata counties and the cities of La Grulla, Rio Bravo, Rio Grande and Roma.
b. Consistent with the bylaws, which authorize members to appoint alternate representatives, and to ensure the City’s representation, each member shall appoint two City staff members as alternate representatives, either of whom shall attend meetings.
4. Qualifications: Consistent with the bylaws of the South Texas Development Council, three members shall be City elected officials, and two shall be “non-governmental members representing the general interest groups of “Business” and “Community-based Organizations” who also must meet the following qualifications:
a. shall be American citizens,
b. shall have resided within the Laredo city limits for at least the last five years,
c. shall be qualified City registered voters and
d. shall not be employed by the City in any capacity nor hold any other City office, unless they are alternate representatives who must be City staff members.
5. Terms: Consistent with the bylaws of the South Texas Development Council, members shall serve one-year terms.
a. (TO CLARIFY: STDC BYLAWS STATE IN ARTICLE VI.E. THAT “REPRESENTATIVES SHALL SERVE DURING THE TERM TO WHICH THEY HAVE BEEN SELECTED UNLESS REPLACED SOONER BY THE APPOINTING AUTHORITY.” IS REFERENCE TO ELECTED OR APPOINTED POSITION?)
b. (PROPOSAL: ASK COUNCIL MEMBERS ON STDC TO SEEK UPDATE OF THEIR 1978 BYLAWS.)
6. Duration: The City shall participate in the South Texas Development Council as long as there is a need for a regional planning commission, consistent with state and local laws.
7. Reports: By January 1 City representatives shall submit an annual report to the Mayor and Council via the City Secretary or the City Secretary’s designee.
D. Webb County Community Action Agency Advisory Board
1. Creation: Consistent with the action of the Webb County Commissioners Court, the City shall be represented on the Webb County Community Action Agency Advisory Board.
2. General powers and duties: Consistent with its bylaws, the Board’s purpose shall be to identify the causes of poverty in Webb County, to provide services to program participants, to mobilize resources to address the causes of poverty, to increase the participation of the poor in programs and in solving their own problems, to involve other human services delivery organizations in common efforts to address poverty problems in the county and to get involved in all efforts to eradicate poverty. (Bylaws, Art. II)
3. Membership: Consistent with the Board’s bylaws, the Mayor shall nominate, subject to confirmation by Council, then to appointment by the Webb County Commissioners Court, three Council Members to serve on the 24-member Advisory Board.
4. Qualifications: Board members nominated by the Mayor must be Council Members.
5. Terms: Consistent with their bylaws, Board members shall serve two-year terms and “will be rotated with each City Council election.” (Emphasis theirs)
6. Duration: The City shall participate on the Webb County Community Action Agency Advisory Board as long as there is a perceived need to assist and work with Webb County in this important program.
7. Reports: City representatives shall submit annual reports to the Mayor and Council via the City Secretary or the City Secretary’s designee by January 1.
E. Across-the-board requirements for commissions and boards created by other governmental bodies
1. Officers: Commissions and boards shall elect officers according to their respective bylaws, but should include at least a Chair and Vice Chair.
2. Compensation: Members shall serve without pay but may be reimbursed for business expenses incurred, if budgeted and in accordance with City policies and procedures.
3. Bylaws: Members appointed to governmental bodies that develop their own bylaws and rules shall make every effort to ensure that they are timely and consistent with the City’s standards and practices.
4. Additional requirements: Unless exceptions are stated herein to the contrary, members also shall comply with the across-the-board requirements established by the Mayor and Council for commissions, boards and committees created and/or appointed by the Mayor and Council.
III. Committees composed of Mayor and Council Members
A. Standing and ad hoc committees
1. The Mayor and Council may by ordinance, resolution or motion create and dissolve standing and ad hoc committees composed of the Mayor and Council Members or of only Council Members.
a. The composition, terms, duties and timetable shall be specified in the enabling authority, whether authorized by ordinance, resolution or motion.
b. In effect, committees composed of the Mayor and Council Members or of only Council Members are advisory subcommittees of the Council.
2. Committees composed of the Mayor and Council Members or only of Council Members should have a membership that is less than a quorum of the Council.
a. Example: Generally, a standing committee composed of the Mayor and Council Members should be limited to the Mayor and no more than three Council Members.
b. Example: Generally, a standing subcommittee composed of only Council Members should be limited to no more than four Council Members.
1. Committees composed of the Mayor and Council Members or of only Council Members shall be subject to the notice, openness and other requirements of the Texas Open Meetings Act. (Attorney General’s Opinion H-238 (1974), H-823 (1976) )
a. Although not always required explicitly by the statute, this policy is intended to ensure accessibility and accountability.
b. In light of Attorney General Opinions H-3 (1973) and H-238 (1974), this policy also provides a safeguard, should questions be raised about whether these committees indeed performed “advisory” duties as they discussed public business, especially if recommendations are adopted unanimously by the Council.
c. If a quorum is not established or is lost temporarily or permanently, other members may engage in informal discussions, provided there is no intent to circumvent the Texas Open Meetings Act and no votes or final actions are taken during the temporary or permanent absence of a quorum.
(1) The following examples are based on experience and were researched carefully, including conversations with the Texas Attorney General’s staff, who confirmed that the examples reflect correct interpretations of the Texas Open Meeting Act and who noted the similarities that are described herein after the examples:
(a) Example: If two members of a three-member advisory committee establish a quorum at a duly posted meeting and one steps out with the intention of returning, discussions regarding subjects identified in the posting notice may continue with those present, provided there is no intent to circumvent the purposes of the Texas Open Meetings Act and no votes or final actions are taken during the temporary or permanent absence of a quorum.
(b) Example: If only one member of an advisory committee arrives timely for a duly posted meeting and a consultant and/or several staff members are present, those present may engage in informal discussions of subjects identified in the posting notice, provided there is no intent to cir