HomeMy WebLinkAboutOrd 930-2021 Amending Regulations Relating to Governance and Personnel ProceduresCITY OF ANNA, TEXAS
ORDINANCE NO.q° -Dal
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING REGULATIONS
RELATING TO GOVERNANCE AND PERSONNEL PROCEDURES; PROVIDING FOR
PENALTIES; PROVIDING A SAVINGS, SEVERABILITY, AND REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, Anna City Code of Ordinances Article 2.07 and the City of Anna
Governance Guide 2021 regulate certain Council procedures and protocols and such
regulations are intended to be reviewed and periodically updated; and
WHEREAS, the Council finds that the following amendments to the above -described
regulations are in the furtherance of good governance and contribute to the health,
safety and welfare of the public;
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS:
Section 1. Recitals Incorporated.
The above recitals are incorporated herein as if set forth in full for all purposes.
Section 2. Amendment to Anna Code Section 2.07.004.
In accordance with Article 1.01 of the Anna City Code of Ordinances, ("Anna Code"), the
following amendments are made to Section 2.07.004 (Interaction with city staff) of Article 2.07
(CODE OF ETHICS):
Sec. 2.07.004 Interaction with city staff and others
(a) City council members' and Board members' interaction with the City Manager,
e�staff, and others must recognize the lack of authority in any individual City
Council member, Board member or group of City Council members or Board
members except when explicitly authorized by the City Council or Board.
(b) City council members and Board members will not make public individual
'u�dgments of the performance of the City Manager, his staff, the city attorney, the
CITY OF ANNA ORDINANCE NO. g7jQ_ �� � PAGE I
city secretary, or the municipal judge except as authorized by city policy, ordinance,
or the city charter.
(c) City council members and Board members may not attempt to coerce or
intimidate city employees, interfere with city employees' duties, or otherwise
circumvent the authority of the City Manager.
(d) City council members and Board members shall not communicate in any
manner with any city employee, appointive administrative officer, city volunteer in
active service to a city department, or other person that the City Manager may
directly or indirectly appoint, remove, suspend, discipline, supervise or otherwise
control under the City of Anna Home Rule Charter section 4.01.(f) and/or the City
of Anna Personnel Policy Manual (collectively, "City Personnel") if such
communication is in violation of this subsection. Communications in violation of this
subsection include communications that relate in any manner, directly or indirectly,
to city business, city operations, city departments, city management, city services,
city finances or investments, city policies, city ordinances, city regulations, city
communications or media, citizen complaints or communications, public relations,
marketing, economic or community development, grants or incentives, parks,
issues involving safety or security, planning matters, personnel matters, work
conditions, staffing, personal/private affairs or circumstances, facilities, utilities, real
or personal property, land use, annexation, zoning, development, easements, or
any other topic not listed here that involves or could involve city -related matters
(collectively, "staff communications"). In addition, City Council members and Board
members shall not engage in any conduct that could potentially result in a violation
of City of Anna Personnel Policy Manual section 104.03.3. Notwithstanding the
foregoing, it is not a violation of this subsection if,
(1) a City Council member or a Board member is given advance
permission to engage in certain staff communications to the extent provided by a
maiority vote of the Citv Council or to the extent provided in writina by the Citv
Manager;
(2) to the extent permission is provided in writing by the City Manager
a member of the Planning &Zoning Commission communicates with the City
Planninq Director as necessary for the member and Planning Director to discharge
their governmental functions and otherwise transact city business;
(3) to the extent permission is provided in writing by the City Manager,
a member of the Board of Adjustment communicates with the City Planninq Director
as necessary for the member and Planninq Director to discharge their
governmental functions and otherwise transact city business;
(4) to the extent permission is provided in writing by the City Manager,
a member of the Anna Economic Development Corporation, the Anna Community
Development Corporation, the Anna Housing Finance Corporation, or the Anna
Public Facility Corporation communicates with the City Economic Development
Director and/or Economic Development Manager as necessary for the member and
CITY OF ANNA ORDINANCE NO. PAGE 2
Economic Development Director and/or Economic Development Manager to
discharge their governmental functions and otherwise transact city business:
I a City Council member communicates with City Personnel during a
publicly noticed City Council meeting in open or closed session in the presence of
the City Manager or the City Manager's designee attending the meeting in the
absence of the City Manager;
(6) a Board member communicates with City Personnel during a
publicly noticed meeting of that Board in open or closed session in the presence of
City Personnel who have been designated to interact with Board members during
such meeting:
(7) a City Council member or a Board member communicates with City
Personnel during an event or function that is open to the public provided that any
such communication relates solely to the purpose or activities of such event or
function;
(8) a City Council member or a Board member communicates with City
Personnel as part of any application or proceeding that any other member of the
public may apply for or participate in including but not limited to applications for
utility service, development/building permits, payment of bills, proceedings in
municipal court, proceedings before the City Council or a Board; provided
however, that a City Council member or a Board member must comply with the
restrictions under Section 2.07.001 and all communications permitted under this
subsection must be limited to those related and incident to such an application or
proceeding;
(9) a City Council member or a Board member exchanges greetings
pleasantries, "small talk" or other conversation that is unrelated to any City -related
issue: or
(10) a City Council member or a Board member reauests and receives a
written opinion from the City Attorney that the proposed communication does not
violate this subsection provided that the written opinion is obtained in advance of
the communication.
e) City council members and_Board members are subject to the following listed
provisions of the Citv of Anna Personnel Policy Manual to the same extent such
policies are applicable to city employees and any violation of any such provision by
a City Council member or a Board member is deemed to be a violation of this
section: section 104.11 ; section 104.13: and 104.14.
(Ordinance 777-2018, sec. 1.04, adopted 7/24/18; Ordinance ,adopted
Section 3. Amendment to Anna Code Section 2.07.011.
In accordance with Article 1.01 of the Anna City Code of Ordinances, ("Anna Code"), the
following amendments are made to Section 2.07.011 (Civil fine) of Article 2.07 (CODE OF
CITY OF ANNA
ORDINANCE NO.
PAGE 3
ETHICS):
Sec. 2.07.011 Penalty; Enforcement Gwii-f+��e
Any person, whether or not a city official, who knowingly and willfully violates any
portion of this article 2.07 cede of ethics is subject to a fine in accordance with the
general penalty provided in section 1.01.009 of this code. The Gi ci fine under this
article: In addition, if the City Council finds that a person has violated any portion of
this article 2.07, the City Council may by a vote of at least five (5) City Council
members: (1) publicly censure the violator; (2) require that the violator pay a civil
fine in an amount up to $500 per violation; and/or (3) require the violator to forfeit
their office or membership by any necessary means and if a violator is required to
forfeit their office or membership under this section, the violator is not eligible to run
for City Council or any Board until the expiration of five (5) years after such
forfeiture. Upon any such forfeiture, the violator's office or membership shall be
deemed vacant and shall be filled by applicable law. (Ordinance 777-2018, sec. 4,
adopted 7/24/18; Ordinance adopting 2019 Code; Ordinance adopted
Section 4. Amendment to Governance Guide.
The City of Anna, Texas Governance Guide 2021 ("Governance Guide"), adopted under City
oI Anna Resolution No. 2021-04-902, is hereby amended as follows:
1. Mayor and City Council Protocol Operating Guidelines. Under Protocol 4, all
references to "Ordinance 2008-01-04" are amended to read: "Resolution No. 2008-
01-04."
2. Mayor and City Council Protocol Operating Guidelines. Under Protocol 7, a new
Section C is added to read: "C. Any contact between Council/Board Members with
employees, staff or volunteers must be in full compliance with Anna City Code of
Ordinances Section 2.07.004."
City staff is directed to: (1) modify the Governance Guide as shown above; (2) note the date
as "Current as of August 24, 2021" on the cover page of the Governance Guide; and (3)
distribute copies of the updated Governance Guide to the Mayor and City Council noting that
it supersedes the version adopted in April 2021.
Section 5. Savings, Severability, and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to the
extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect the
same as if such invalid or unconstitutional provision had never been a part hereof. The City
CITY OF ANNA ORDINANCE NO. q3l)�Qp:Q( PAGE 4
declares that it would have passed this ordinance, and each section, subsection, clause, or
phrase thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, and phrases be declared unconstitutional or invalid.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Anna, Texas
on this 24th day of August 2021 to be effective immediately.
APPROVE:
Nate Pike, Mayor
ATTEST:
0a4"
Carrie L. Land, City Secretary
CITY OF ANNA ORDINANCE NO. a30 -�n�; I PAGE 5