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HomeMy WebLinkAboutRes 2008-03-01 Prescribing a Procedure for Posting Notices of Quorums.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2008-0341 A RESOLUTION OF THE CITY OF ANNA, TEXAS, PRESCRIBING A PROCEDURE FOR POSTING NOTICES OF QUORUMS FOR COMMUNITY MEETINGS WHEREAS, the City Council of the City of Anna, Texas ("City Council") understands that there are occasions when a Community Meeting is attended by at least a Quorum of one or more City -Affiliated Bodies, and said Community Meeting is not directly related to city business and no city business is discussed among members of said City - Affiliated Body; and WHEREAS, the City Council, in an abundance of caution, desires to notify the public when it reasonably appears that there may be at least a Quorum of one or more City - Affiliated Body at such Community Meeting; and WHEREAS, the City Council strives in all matters before it to fulfill its commitment to open government and compliance with the Texas Open Meetings Act; and WHEREAS, the City Council, the City Manager and City Secretary have been advised by the City Attorney that execution of the procedures set forth in this resolution comply with the Texas Open Meetings Act insofar as said statute applies to the subject matter of this resolution; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANNA, TEXAS, THAT: Section 1. Purpose. 1.01 The above -listed recitals are incorporated herein as if set forth in full for all purposes. 1.02 This resolution is intended to comply in all respects with the Texas Open Meetings Act ("TOMA") to the extent same is applicable and seeks to give more, rather than less, notice to the public of meetings that may be of interest to a City Public Official and the public, and which may be attended by at least a Quorum of one or more City—Affiliated Body. Section 2. Definitions. This section defines the following terms for purposes of this resolution. City Advisory Board means a board, commission or committee appointed by the City Council that is purely advisory in nature and that is not subject to the TDMA. Such RES. NO. 2000-03-01 Procedum for PosUnq NOUm of Quorums.dm PAGE 1 OF 4 03-1108 Advisory Boards include but are not limited to: the Parks Board and the Technology Advisory Committee. Cb Affiliated Body means: (1) the City Council; (2) the City of Anna Planning & Zoning Commission; (3) the Anna Economic Development Corporation; (4) the Anna Community Development Corporation; or (5) any other public body of the City of Anna ("City") that is subject to the requirements of the TOMA. Community Meetino means a meeting that is open to the public, but is not a regular, special or emergency meeting called or scheduled by a City -Affiliated Body in accordance with the TOMA. Such meeting could include, but is not limited to: (1) "Town Hail" or "summit" meetings for discussions or debate regarding political, social or community issues or events; (2) meetings of social or business groups, including but not limited to, Chamber of Commerce or civics groups such as lions, Rotary or Kiwanis; (3) meetings of governmental bodies other than a City -Affiliated Body, including but not limited to meetings of the County Commissioners, Independent School District Board, County Central Appraisal District, a Water or Sewer District, or a Municipal entity other than the City; or (4) meetings of regional or national significance including but not limited to State, County or intergovernmental -sponsored educational seminars or events, religious conventions or seminars or a political party's national or regional convention. City Public Official means a member or official of a City -Affiliated Body. Quorum means a majority of a City -Affiliated Body, unless defined differently by applicable law or rule or the charter of the governmental body. Section 3. Notice of Quorum. 3.01 Whenever a City Public Official learns that there is a reasonable likelihood that at least a Quorum of one or more City -Affiliated Bodies may attend all or part of a Community Meeting, the City Public Official must notify the City Manager or City Secretary as soon as reasonably practicable. 3.02 Upon learning from any source that there is a reasonable likelihood that a Quorum of any City -Affiliated Body may attend all or part of a Community Meeting, the City Manager or City Secretary must post a notice of the fad that a Quorum of a City -Affiliated Body may attend at a Community Meeting. RES. NO. 2008-03-01 Procedure for Posting Nallm of Ouon .dm PAGE 2 OF 4 03-1148 Section 4. Time and Place for Posting Notice. 4.01 If practicable, the Notice of Quorum must be posted at least 72 hours in advance of the Community Meeting. Otherwise, the Notice of Quorum must be posted as soon as reasonably practicable after the City Manager or City Secretary receives notice as described in Section 3. 4.02 The Notice of Quorum must be posted in every place that a notice for the City Council meetings, under the TOMA, must be posted: on a bulletin board at a place convenient to the public in the city hall and, N the City maintains an Internet website, on the Internet website of the City. Section 5. Contents of Notice. 5.01 The notice must contain in its title the words "Notice of Quorum." 5.02 The Notice of Quorum must state the date, time and place of the Community Meeting and must state each City -Affiliated Body that may have a Quorum in attendance. 5.03 The Notice of Quorum must give a brief description of the event, topic, position or issue, if known, that is the subject of or that is likely to be discussed at the Community Meeting. This may be accomplished by attaching to the Notice of Quorum and referencing therein a third -party's notice, billing, advertisement, invitation, or other description of the Community Meeting, 5.04 The Notice of Quorum must additionally state that: (a) no vote or any other action will be taken by any Quorum or other number of members of a City -Affiliated Body that may be in attendance at the Community Meeting; (b) it is not a certainty that a Quorum or other number of members of a City - Affiliated Body will attend the Community Meeting; and (c) the attendance or nonattendance of the Community Meeting by a Quorum or other number of members of a City -Affiliated Body is not an endorsement or any other type of statement in support of or against any event, topic, position or issue that may be the subject of or discussed at the Community Meeting. RES NO. 2008-03-01 Procedure for Posung Noac of ci a ..doc PAGE 3 OF 4 03-11-08 Section 6. Activities not permitted under this resolution. 6.01. This resolution does not authorize: (1) a City Public Official to discuss city business at a Community Meeting; or (2) a Quorum or more of a City -Affiliated Body to be in attendance at a meeting of any City Advisory Board. ATTESTED: C' ecretary, Natha Wilkison ?e A OF ANL". Mayor, Kenneth Pelham RES NO. 2008-03-01 Procedure for Posanq Notice of Cu r ms.doc PAGE 4 OF 4 03.11-08