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Board Member Orientation c o m m i s s i o n sW O R K B O O K

TABLE OF CONTENTSwelcomecity of temple overviewtypes of boards & commissionsmunicipal law for boards & commissions boards & commissions policyeffective board members appendix

WELCOMECongratulations on your appointment to aCity of Temple Board or Commission. Yourdedication, service and input to the city isinvaluable.The Temple City Council is committed toappointing highly qualified and dedicatedpeople to the City's boards andcommissions, in order to lend a diverseviewpoint concerning issues facing Temple.State law establishes several of the City’sboards and commissions, while others resultfrom the City Charter provisions and localordinances. City boards address suchsubjects as the airport, animal services,building codes, the library, and planningand zoning.Members of the City’s boards andcommissions are considered “officers” of theCity and are governed by both local andstate statutes. This orientation workbookfor new board members is to provide a shortcourse on local government and home rulecities, the Open Meetings Act, and Conflictof Interest statutes. If you have questionsregarding City Boards and Commissions,please contact the City Secretary’s Office at254-298-5700.

CITY OF TEMPLEThe City of Temple, in Bell County,Texas, is incorporated as a home rulecity and political subdivision of theState of Texas. The City has suchpowers, rights and duties as areprovided in their Charter and underthe Constitution and State law. The form of government created underthe Charter is the “Council-Manager”form and all powers of the City arevested in an elected council, whichenacts local legislation, adopt budgets,determine policies, and appoints aCity Manager. The City Manager isresponsible to the City Council for theexecution of the laws and theadministration of the government ofthe City. Originally founded as a railroad town, Temple is rich in history. Temple’sstory began on June 29th, 1881 when the Temple Junction was created asthree major railways, the Gulf, Colorado, and Santa Fe Railway, pushednorth from Galveston. Through an auction of town lots, 157 business lotsand 28 residential lots were sold, forming the new settlement named inhonor of Bernard Moore Temple, the Santa Fe Railway’s chief engineer.Temple has grown steadily because of its diverse economy – agriculture,transportation, manufacturing, and medicine. It continues to shine as oneof Texas’ brightest stars.The City Council is composed of fivecouncilmembers, a Mayor elected fromthe City at large, and fourCouncilmembers elected from singlemember districts. The Mayor and fourCouncilmembers will be elected tothree year terms, with a maximum of 3terms.

FORM OF GOVERNMENTHOME-RULECan pass any regulations or laws it deems necessary, unless state law prohibits it Population 5,000+ Operates under a charter4 Council MemberDistricts - Mayorelected at-large Council appoints theCity Manager, CityAttorney, Director ofFinance, CitySecretary, andMunicipal JudgecouncilChief Executive OfficerHead ofAdministrative Branchof City GovernmentResponsible for theAdministration of allAffairs of the CityCity

TYPES OF BOARDS &COMMISSIONSADVISORYQUASI-JUDICIAL

MEMBERSMembers of the City’sboards and commissionsare considered “officers” ofthe City and are governedby both local and statestatutes.STATE LAWState law establishesseveral of the City’s boardsand commissions, such asPlanning & ZoningCommission, The ZoningBoard of Adjustment andBuilding & StandardsCommissionCHARTER &ORDINANCEOther Boards result fromthe City Charter provisionsand local ordinances, suchas Animal Services AdvisoryBoard, Historic PreservationBoard and Parks &Recreation Board.THE BOARDSROLESeveral boards have legalauthority in relation to CityGovernment, while themajority of boards areadvisory only.BOARD TYPESQUASI–JUDICIAL A board that hears appealsand is granted the authorityto make legally-bindingdecisions orrecommendations based onCity codes or State statutes.ADVISORYBoards advise or makerecommendations to theCity Council and have nofinal decision-makingauthority.

TEXAS OPEN MEETINGS ACTTHE PUBLIC INFORMATION ACTCITY OF TEMPLE BOARDS & COMMISSIONS POLICYMUNICIPAL LAWBasic State Laws and Local Government Policy Governing City of Temple Boards & Commissions

TEXAS OPEN MEETINGS ACTMUNICIPAL LAWB A S I C SAll City of Temple boards & commissions mustcomplyWritten notice must be given of date, time andlocation of all meetingsMinutes of each meeting must be taken and arecord of decisions kept as public recordAll board and commission deliberations will beopen to the public, except for properly noticedclosed session mattersBoards must limit discussion during meetings toonly those items listed on the posted agendaElected or appointed governmental officials mustcomplete training on the TOMA within 90 days oftaking the oath of office or otherwise assuming theresponsibilities of the office

TEXAS OPEN MEETINGS ACTADOPTIONThe Texas Open Meetings Act was adopted to help makegovernmental decision-making accessible to the public. Itrequires meetings of governmental bodies to be open tothe public, except for expressly authorized closedsessions, and to be preceded by public notice of the time,place, and subject matter of the meeting.COMPLIANCEAll board and commission meetings and subcommitteemeetings will be held in accordance with the Texas OpenMeetings Act ("TOMA"). While the TOMA may not impose certain requirements,the City Charter, ordinance, or bylaws may, in which casethe City rules take precedence. However, while a city canrequire more compliance, it may not waive anyrequirements in the Act. MEETING NOTICEThe Act requires that the notice for each meeting beposted on a board at a place that is accessible to thepublic during normal business hours, as well as on thecity’s website, at least 72 hours prior to the meeting. The Notice must contain the date, time, location andbusiness to be discussed by the board. TRAININGWithin 90 days of your appointment to serve on a CityBoard or Commission, you must watch the Open MeetingsAct Training Video linked below. Print the certificate oncecomplete and return to your board’s staff liaison. VIDEO LINKTexas Attorney General OPEN MEETINGS ACT

PUBLIC INFORMATION ACTMUNICIPAL LAWB A S I C SProvides a legal framework for open governmentand establishes legal process for the disclosureand protection of public informationVirtually all information held by a governmentalbody is subject to the Public Information ActIf a request for information is received by a boardor commission, the City Attorney should benotified immediatelyBoard records that are subject to the Act include: Minutes and Notes Audio Recordings Zoom Video Recordings Applications Affidavits of Substantial Interest

TEXAS PUBLIC INFORMATION ACTACCESSSIBILITYThe Public Information Act, Texas Government Code, Chapter 552,gives the public the right to access government records; and anofficer for public information and the officer's agent may not askwhy the public wants the records.DISCLOSUREGovernmental bodies shall promptly release requested informationthat is not confidential by law, either constitutional, statutory, or byjudicial decision, or information for which an exception todisclosure has not been sought.RELATIONSHIP with TOMAThe Open Meetings Act and the Public Information Act are bothintended to make government more accessible to the public. However, they are separate statutes and operate independently ofeach other. The mere fact that a governing body may be able to withhold adocument from the public under the Public Information Act doesnot mean that the governing body has the authority to meet in aclosed meeting regarding the subject covered in that document. Likewise, the fact that the Open Meetings Act allows a governingbody to have a closed meeting about a particular topic does notmean that related documents reviewed in the closed meeting maybe withheld from the public.TRAININGWithin 90 days of your appointment to serve on a City Board orCommission, you must watch the Public Information Act TrainingVideo linked below. Print the certificate once complete and returnto your board’s staff liaison. VIDEO LINKTexas Attorney General PUBLIC INFORMATION ACT

City of Temple Boards and Commission PolicyLOCAL POLICYB A S I C SRepresent and work for the common good of the Cityand not for any private interest and must not acceptgifts, favors or promises of future benefits, whichmight compromise independence of judgment oractionMust provide fair and equal treatment for all personsand matters coming before the board or commissionMay not disclose any information receivedconfidentially concerning the business of the City orreceived during any executive session held pursuantto state lawIn the discharge of their duties, members act as abody and not as individuals. An individual memberhas no authority to speak for the board orcommission unless he or she is specificallyauthorized to do so by formal action of the board orcommission

CITY OF TEMPLE BOARDS & COMMISSIONS POLICYETHICS POLICYThe City of Temple Ethics Policy applies to members of all baord andcommissions members who are serving on a board or commission thathas quasi-judicial authority. The policy establishes standards of conduct for: Conflicts of Interest Confidential Information Accepting or Soliciting Gifts Improper Economic Benefit; Unfair Advancement of Private Interests Outside Employment and ActivitiesCONFLICTS OF INTERESTPOLICY LINKCity of TempleBOARDS & COMMISSIONSPOLICYNo person appointed by the City Council to an appointed board,commission, or non-profit corporation, may perform work for the board,commission, or non-profit corporation that has not been subject tocompetitive bids or proposals.All board and commission members are charged with complying withthe state’s and City's conflict of interest provisions which prohibit anindividual serving on a board or commission from voting on ordiscussing an item before the board or commission in which they have afinancial stake as determined by state or City law. If a board or commission member has a conflict of interest as defined byChapter 171 of the Texas Local Government Code, he or she must filethe required affidavit and abstain from all participation in the matter.A board or commission member is encouraged to consider abstentionwhen the public would likely perceive the circumstances as a conflict ofinterest.

CommitmentCode of ConductResponsibilitiesBoard Officers Appointment &TermsWorking with CityCouncil & StaffMeeting ProceduresGOOD GOVERANCEEFFECTIVE BOARD MEMBERSAttend all meetingsAre well prepared for meetingsRecognize that the board must operate in an openand public mannerRecognize that serving the public interest is the toppriorityDemonstrate respect and courtesy to one another, toCity staff and to members of the public

ROLES, SCOPE & PURPOSEUnderstand the role & scope ofresponsibilities and be informed aboutboard’s purposeCOMMITMENT, CODE OF CONDUCT &RESPONSIBILITIES ATTENDANCEFor the health of the board overall, it isvital that all members attend meetingsregularly and come to meetings preparedPOLITICAL ACTIVITIESDo not use board membership in theconduct of political activitiesCOMMMUNICATIONWork to reconcile opposing viewpointsand build a consensus. Be respectful andcourteousCODE OF ETHICSMembers must abide by the standards ofconduct contained in the adopted Code ofEthics, as amended PUBLIC INTERESTRepresent the public interest and notspecial-interest groupsBE PREPAREDStudy the background of purpose of eachitem on the agendaCONFIDENTIALITYDo not disclose any information receivedconfidentially concerning business of theCity received during any executive sessionMAJORITY VOTERepresent the majority views of the boardof commission. Individual “opinions”to thepublic or press should be identified as such DUTY TO VOTEMust vote in affirmative or negative foreach item unless legal or perceived conflictof interest is filed in advance

BOARD OFFICERS CHAIR Chairs and Vice Chairs are chosen by the board members, at themeeting followoing the beginning of the new term year. Each board and commission will adopt a process for electing andremoving a Chair and Vice-Chair, unless otherwise required bystate law.VICE CHAIRPreside over all meetings and enforce the rules and proceduresduring the meeting.1 year term or until successor has been chosen.Cannot serve more than 3 consecutive terms. In absence of the Chair, the Vice-Chair will assume theChair’s responsibilities at the meeting. 1 year term or until successor has been chosen.Cannot serve more than 3 consecutive terms. Can serve 3 consecutive years as Vice-Chair and then 2consecutive years as Chair. NOTE: In absence of the Chair & Vice-Chair, the board willchoose a Chair for the meeting.

Citizen’s complete an online applicationwhich is processed and filed in the CitySecretary’s Office. Qualified applications are provided to theCity Council, who will review andinterview candidates in order to makeappointments. Candidate interviews areconducted twice a year. All Boards and Commissionsappointments are formally made via aResolution, during a City Council meeting. HOW A BOARDAPPOINTMENT IS MADEWith few exceptions, the City Councilappoints all members to the City’s Boardsand Commission.

MEMBER’S TERMSATTENDANCE Most terms are 3 years with a few boards having 2-yearterms.Note: For exact terms, please refer to the Boards and Commission Policy,located in the Appendix. Members can serve two consecutive terms, or sixconsecutive years, whichever is greater. A partial term to which a person is appointed will not becounted as a full term.After a break in service equal to a full-term length, aperson may be reappointed to serve. Members of boards and commissions that meet at leastfour (4) times per year forfeit positions if 50% of allscheduled meetings during a 12-month period are missed;or, if three (3) consecutive meetings are missed.Members of boards and commissions that meet on an on-call basis forfeit positions if three (3) consecutive meetingsare missed.Failure to meet these attendance requirements will resultin automatic forfeiture of a member's office on the boardor commission.

CITY COUNCIL & STAFFCITY COUNCIL LIAISONEach board has a City Council Liaison. The role of the liaison isto:Attend meetings and report information back to City Council.Brief City Council on any requests for input.Relay City Council opinion, position, and guidance back toboard.CITY STAFF LIAISONEach board has a City Staff Liaison. The role of the liaison is to:Prepare meeting agendas in accordance with the Texas OpenMeetings Act, prepare staff reports and supportinginformationSend agenda and meeting packet to board membersAssist Chair as needed and take meeting minutesAssist board with preparation of the Annual Report

MEETING PROCEDURESAGENDAWorking with the Chair, the City Staff Liaison will assist withpreparation of the agendaDepartment Head and Legal Staff will approve the finalagendaEach Agenda must include the date, time and location of themeeting, as well as each item to be discussedIn accordance with the Texas Open Meetings Act, agendasmust be posted publicly at least 72 hours prior to the meetingThe City Staff Liaison will send the agenda and packet to allboard membersMINUTESMinutes are a summary of all business discussed orconsidered, action taken, the outcome of any votes, and boardmembers present at meetings.Staff liaison will assist with preparing the minutes andensuring consideration for approval of the minutes is on theagenda for the next meeting of the board. Once approved, the Chair will sign the minutes; City StaffLiaison will forward the approved and signed minutes to theCity Secretary’s Office to be published on the City’s website.

MEETING PROCEDURESQUOROMMinimum number of members needed to meet as a board andofficially conduct businessUnless otherwise established by State law, the quorum forCity of Temple boards and commissions is a majority ofvoting members; in other words, half the members + 1TIMELINE OF A MEETING WITHOUT AQUOROMThe Chair must wait until a quorum of members are presentbefore calling a meeting to order. In the meantime, discussionamong board members must not include anything on theagenda or related to Board business. If a quorum is not present, at the meeting time, the City StaffLiaison should call members who are absent to see if they arecoming.If a quorum cannot be established, the meeting cannot becalled to order. The CHAIR is allowed to announce the nextmeeting date, only.Members & staff present must leave, with no businessdiscucssion or presentations.

MEETING PROCEDURESLOST QUOROMIf you have exactly a quorum and a member must leave, not toreturn, the meeting must end. The Chair shall adjourn themeeting immedialtey, with not further discussion orpresentations. If you have exactly a quorum and a member needs totemporarily step out, the Chair may call a recess. Reconvene once the member returns and the quorum is againestablished. Be sure no business discussion occurs during recess.

PUBLIC PARTICIPATIONMembers of the Public are welcome and invited to attendboard and commission meetings and to speak on any itemon the agenda.Speakers must sign up to speak in advance of the meeting.Public comment is generally limited to 3 minutes perspeaker; the Staff Board Liaison can start a timer as soon asthe speaker begins. The Chair may stop a public speaker after 3 minutes. Public CommentPublic HearingsCertain boards, including City Council and the Planning andZoning Commission conduct Public Hearings on certainitems, required by law. Members of the Public are not required to sign up prior tothe meeting in order to speak during a Public Hearing nor isthere a time limit on speaking; however the Chair can askspeakers not to be redundant.

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The City of Temple... appreciates your service to a board orcommission!Thank you for completing the Boards andCommissions training. Keep this workbook forreference when you have a question regardingyour role as a board member. Thank You

City of Temple Boards & CommissionsPolicy Lorem ipsum dolor sit amet, consecteturadipiscing elit. Integer hendrerit, risus sitamet vestibulum placerat, mi nulla tinciduntelit, sed lacinia ex eros ac mauris. Maecenasac odio vel lorem Lorem ipsum dolor sit amet, consecteturadipiscing elit. Integer hendrerit, risus sitamet vestibulum placerat, mi nulla tinciduntelit, sed lacinia ex eros ac mauris. Maecenasac odio vel lorem appendix1234Texas Attorney GeneralOpen GovernmentTraining Links

OPEN MEETINGS ACT TRAINING Open GovernmentTraining Links PUBLIC INFORMATION ACTTRAININGOPEN MEETINGS ACT HANDBOOK