CITY OF KILLEEN

CITY COUNCIL

RULES OF PROCEDURE

AND

PROTOCOL

Adopted by Resolution #95-27R; February 14, 1995
Modified by Resolution #99-7R; February 9, 1999
Modified by Resolution #99-109R; October 26, 1999
Modified by Resolution #00-87R; September 12, 2000
Modified by Resolution #01-28R; March 6, 2001
Modified by Resolution #01-60R; May 8, 2001
Modified by Resolution #02-91R; September 17, 2002
Modified by Resolution #03-17R; February 11, 2003
Modified by Resolution #03-60R; June 24, 2003
Modified by Resolution #03-83R; August 26, 2003
Modified by Resolution #03-84R; August 26, 2003
Modified by Resolution #05-06R; January 25, 2005
Modified by Resolution #06-233R; November 28, 2006
Modified by Resolution #07-162R; September 25, 2007
Modified by Resolution #08-176R; November 18, 2008
Modified by Resolution #11-014R; February 8, 2011
Modified by Resolution #12-081R; September 25, 2012

STATEMENT OF MISSION AND PURPOSE OF THESE RULES OF PROTOCOL:

To provide for the proper discharge of duties and for the improvement of democratic local government, the Killeen City Council members shall strive to display conduct and behavior that demonstrates courteous, independent, impartial review and consideration of all matters addressed by them, and be duly responsible to all the citizens of Killeen and to each other.

CITY OF KILLEEN

CITY COUNCIL

RULES OF PROCEDURE

AND

PROTOCOL

1.         AUTHORITY

1.1       Charter:  The Charter of the City of Killeen allows the City Council to determine its own rules and order of business.

2.         DEFINITIONS AND GENERAL RULES

2.1       Amendment to Rules:  These rules may be amended, or new rules adopted by a majority vote of the Council, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Council meeting.

2.2       Citizens:  Private citizens who reside in the corporate limits of the city of Killeen or corporate citizens who own or are employed by a business in the corporate limits of the city of Killeen.

2.3       City Attorney:  The City Attorney, or Acting City Attorney, shall attend all meetings of the Council unless excused and shall upon request give an opinion, either written or oral, on questions of law. The City Attorney shall act as the Council’s parliamentarian.

2.4       City Council:  “Council;” the governing body of the City of Killeen, Texas, consisting of 3 at-large and 4 district representatives, as set forth in the City Charter.

2.5       City Manager:  The chief executive officer and head of the administrative branch of the city government.

2.6       City Secretary:  The City Secretary, or Acting City Secretary, shall attend all meetings of the Council unless excused, and shall keep the official minutes and perform such other duties as may be requested of him/her by the Council.

2.7       Mayor:  The Presiding Officer for meetings of the City Council; to be recognized as the head of the City of Killeen government for all ceremonial purposes.

2.8       Meeting:  Any deliberation between a quorum of the members of the City Council. Four (4) members of the City Council shall constitute a quorum.

2.9       Meetings to be Public:  All meetings of the Council shall be public, in accordance with the Texas Open Meetings law.

2.10     Minutes of Meetings:  An account of all regular and special meetings of the Council shall be kept by the City Secretary.

2.11     Officers and Employees:  Any officer or employee of the City, when requested by the City Manager, shall attend any meeting of the Council. If requested to do so by the City Manager, they may present information relating to matters before the City Council.

2.12     Questions to Contain One Subject:  All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member may require a division, if the question reasonably admits of a division.

2.13     Right to Floor:  Any Councilmember desiring to speak shall be recognized by the Presiding Officer, and shall confine his or her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. The Presiding Officer may engage in the debate and vote pursuant to Rule 7.3 and the City Charter. The Mayor and Councilmembers shall be addressed as “Mayor,” “Councilmember,” “Mr.,” “Mrs.,” or “Ms.,” as may be appropriate.

2.14     Rules of Order:  Roberts Rules of Order Newly Revised shall govern the proceedings of the Council, except where these rules provide otherwise.

2.15     Sergeant-at-Arms:  The Chief of Police or such members of the Police Department as may be designated by the Chief of Police.

2.16     Suspension of Rules:  As may be allowed by law, any provision of these rules may be temporarily suspended by a two-thirds vote of the Council, present and voting. The vote on any such suspension shall be entered upon the record.

3.         TYPES OF MEETINGS

3.1       Regular Meetings:  Unless otherwise specified, the Council shall meet in the Council Chamber on the second and fourth Tuesday of each month.

3.2       Special Meetings:  Special meetings may be called by the Mayor or by a majority of the Council. The call for a special meeting shall be filed with the City Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all members are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, and shall identify the subject or subjects to be considered.

3.3       Workshop:  The Council may meet informally in a workshop at the call of the Mayor, or a majority of the Council. The order of business of each workshop shall be as contained in the agenda prepared by the City Manager, and the procedures for placing items on a workshop agenda shall be the same as stated in sec. 5.1. Workshops shall be held solely for the purposes of briefing and discussing. Members of the public may be allowed to present their petitions and provide information to the City Council. Individuals should address their petitions and presentations to the City Council and refrain from personally addressing individual members of the Council. Presentations shall be limited to 3 minutes, unless the Council allows an extension of time and may cover only one topic. Presentations must be scheduled and audio-visual materials requiring the use of equipment for presentation must be submitted through the City Manager’s office by 2:00 p.m. on the Wednesday preceding the Workshop at which the citizen wishes to speak.

3.4       Open and Closed Meetings/Workshops:  In accordance with Section 2.9 and the Texas Open Meetings Act, the Council may meet either open or closed session at any meeting or workshop. “Open” meetings or workshops shall allow the public the opportunity to observe the discussions and deliberations of the Council. “Closed” meetings or workshops shall allow the Council the opportunity to discuss and deliberate on matters deemed not to be in the best interests of the City to discuss in open meetings or workshops, as allowed by law. No action shall ever be taken in closed meeting or workshop.

4.         PRESIDING OFFICER AND DUTIES

4.1       Presiding Officer:  The Mayor, if present, shall preside as Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro-Tem shall preside. In the absence of both the Mayor and the Mayor Pro-Tem, the Council shall elect a Presiding Officer. In any event, the Presiding Officer, or acting Presiding Officer, shall vote only in those instances where the Charter provides for the Mayor to vote.

4.2       Call to Order:  The meetings of the Council shall be called to order by the Mayor, or in his absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro-Tem, the meeting shall be called to order by the City Secretary.

4.3       Preservation of Order:  The Presiding Officer shall preserve order and decorum, prevent personalities from becoming involved in debate or the impugning of members’ motives, and confine members in debate to the question under discussion.

4.4       Points of Order:  The Presiding Officer shall determine all points of order, subject to the right of any member to appeal to the Council. An appeal must be made before any debate has occurred or other business has been taken up. If any appeal is taken, the question shall be: “Shall the decision of the Presiding Officer be sustained?” A majority vote of the Council shall be necessary to overrule the decision of the Presiding Officer.

4.5       Questions to be Stated:  The Presiding Officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member.

4.6       Substitution of Presiding Officer:  The Presiding Officer may designate another Councilmember, in the absence of or disqualification of the Mayor Pro-Tem, to take his/her place in the chair, such substitution not to continue beyond adjournment.

5.         ORDER OF BUSINESS

5.1       Agenda:  The order of business of each meeting shall be as contained in the Agenda prepared by the City Manager. The agenda shall be a listing of topics or subjects to be considered by the Council. City Councilmembers may submit items to be placed on the agenda by providing the agenda item to the City Manager no later than 2:00 p.m. on the Wednesday preceding the next regular or special called meeting. This guideline does not preclude Councilmembers from submitting agenda items after 2:00 p.m. on the Wednesday preceding the next regular or special called meeting, but merely serves as a guideline in order to facilitate the timely and efficient delivery of the agenda and supporting materials. Before a Councilmember may place an item on the Agenda for consideration, it must first be placed as a Discussion Item.  If a majority of Council wishes to consider the item further, then it may be placed on a future Agenda for action. If a Councilmember wishes the Council to discuss or consider a previously decided item, he or she may request the City Manager to place that item on the agenda. At the meeting or pre-session, the Council will decide whether to discuss or reconsider the issue. The City Manager shall deliver the agenda to the Council at least 72 hours prior to any regular or special called meeting.

5.2       Agenda Format:  The Agenda shall provide for the following topics or subjects to be considered by the Council in the following order:

5.2.1    CALL TO ORDER: This section shall note the time and place of the meeting.

5.2.2    ROLL CALL: This section shall note the attendance of the Mayor, City Councilmembers, City Manager, City Attorney, and City Secretary.

5.2.3    INVOCATION: This section shall note the opening prayer.

5.2.4    PLEDGE OF ALLEGIANCE: This section shall note the observance of our national pledge.

5.2.5    APPROVAL OF THE AGENDA: This section shall approve of the order and content of the agenda. The Mayor or any Councilmember may ask for the order and/or content of the agenda to be modified under this item upon consent of a majority of the Council.

5.2.6    PRESENTATIONS. This section shall provide for any items to be submitted to the Council which are: proclamations; items not requiring extensive discussion; items requesting information or items requesting future action by the Council. No item requiring action by the Council shall be placed under this section.

5.2.7    CITIZENS PETITIONS AND INFORMATION: This section allows presentations by citizens of Killeen who are not currently in, or threatening civil or criminal litigation with, the City of Killeen or any of its officers or officials, or with whom litigation is reasonably anticipated. However, citizens who are currently involved or threatening litigation against the City may still address the council on issues wholly unrelated to the subject matter of the litigation. Individuals should address their petitions and presentations to the City Council and refrain from personally addressing individual members of the Council. Presentations may cover only one topic, must be related to City business, and shall be limited to 3 minutes, unless the Presiding Officer or any Councilmember allows a one (1) minute extension. A majority vote of the City Council is required for any other time extensions. Presentations must be scheduled and audio-visual materials requiring the use of equipment for presentation must be submitted through the City Manager’s office by 2:00 p.m. on the Wednesday preceding the Council meeting at which the citizen wishes to speak.

5.2.8    CONSENT AGENDA: This section shall provide for items that require action by the Council, but where no discussion is anticipated. By a single motion, second, and affirmative majority vote, items under this section are approved without further discussion or action. Items such as, but not limited to, the approval of minutes, approval of plats, awarding of bids and permits are eligible for consideration under this section. Any Councilmember may request the removal of any item from the consent agenda, in which case the item shall be discussed and voted upon separately.

5.2.9    REPLATS: This section shall provide for Council consideration and action on any subdivision matter relating to applications for replat requests.

5.2.10    PUBLIC HEARINGS/ORDINANCES: This section shall provide for Council consideration of any public hearings, and ordinances related to such hearings if action is required. Public hearings and ordinances shall be conducted in the following manner:

(1)     Reading of the caption of the ordinance
(2)     Hearing of staff comments
(3)     Opening of Public Hearing
(4)     Closing of Public Hearing
(5)     City Council Discussion
(6)     Consideration of motion, second and vote

5.2.11  ORDINANCES/RESOLUTIONS: This section shall provide for all ordinance and/or resolution action items to be considered by the Council not provided for elsewhere on the agenda.

5.2.12  RESERVED.

5.2.13  RESERVED.

5.2.14  ADJOURNMENT: This section provides for the closure of the meeting.

5.3       Agenda Deadline:  Any person desiring either to present an item for the Councils’ consideration or sign up to address the Council during Citizens Petitions and Information shall do so in the City Manager’s office not later than 2:00 p.m. on the Wednesday preceding the meeting or workshop at which he/she wishes the subject to be considered.

5.4       Public Participation:  Whenever a member of the public is recognized to address the Council on an ordinance, resolution, or public hearing item, the individual will be given 3 minutes to make comments. The Presiding Officer or any Councilmember may allow a 1-minute extension. A majority vote of the City Council is required for any other time extensions.

6.         CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS

6.1       Printed or Typewritten Form:  All ordinances and resolutions shall be presented to the Council only in printed or typewritten form.

6.2       City Attorney to Approve:  All ordinances and resolutions shall be approved as to form and legality by the City Attorney.

6.3       Recording of Votes:  The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the official record of the Council.

6.4       Majority Vote Required:  Unless otherwise required by law, approval of every ordinance, resolution, or motion shall require the affirmative vote of a majority.

7.         RULES OF DECORUM

7.1       Recognition by Presiding Officer:  Individuals may be recognized by the Presiding Officer to address the Council on any matter listed on the agenda, at the discretion of the Council, provided the person has completed and submitted a Citizen Speaker Registration Form. Audio-visual presentations requiring use of equipment for display will not be accepted.

7.2       Order:  While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Presiding Officer. Members of the Council should not leave their seats during a meeting without first obtaining the permission of the Presiding Officer.

7.3       Presiding Officer May Debate and Vote:  The Mayor or the Mayor Pro-Tem or such other member of the Council who is serving as Presiding Officer may debate from the chair, subject only to such limitations of debate as are the rights and privileges of a Councilmember. If the Presiding Officer is engaging in debate, at the insistence of a majority of the Council, he/she must relinquish the chair in accordance with provisions of Robert’s Rules of Order Newly Revised. The Mayor, Mayor Pro-Tem, or such other officer serving as presiding officer may vote only in accordance with the City Charter provisions.

7.4       Getting the Floor, Improper References to be Avoided:  Every member desiring to speak shall address the chair, and upon recognition by the Presiding Officer, shall confine themselves to the questions under debate, avoiding all personalities and indecorous language.

7.5       Interruptions:  A member, once recognized, shall not be interrupted when speaking unless it be to call him/her to order, or as herein otherwise provided. If a member, while speaking, be called to order, he/she shall cease speaking until the question of order be determined, and, if in order, he/she shall be permitted to proceed.

8.         SELECTED PARLIAMENTARY MOTIONS AND PRECEDENCE

8.1       Motions:  After obtaining the floor a motion can be made before the assembly on the particular subject of discussion. Motions shall be made by stating “I move to....” A “second” to the motion must be made by another Councilmember within a reasonable but brief time period. A Councilmember calling for a “point of order” mandates immediate action for a “second.” Without a “second” the motion dies. No main motion can be made when another motion is pending.

8.2       Withdrawal of Motions:  A motion may be withdrawn, or modified, by its mover without asking permission until the motion has been stated by the Presiding Officer. If the mover modifies his/her motion, the seconder may withdraw his/her second. After the motion has been stated, the mover shall neither withdraw it nor modify it without the consent of a majority of the Council.

8.3       Stating the Motion:  In principle, the Presiding Officer must state the motion after it has been made, seconded, and discussed, unless the Presiding Officer is obliged to rule that the motion is out of order or if the wording is not clear.

8.4       Amendments to Motions:  No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order.

8.5       Debate:  Debate must be limited to the merits of the immediately pending motion as stated by the Presiding Officer and by authority of the Presiding Officer. Discussion and debate may precede the making of a motion and a second.

8.6       Calling for the Motion:  The Presiding Officer may “call for the motion” without a vote if debate appears to have closed and if there are no objections by any Councilmember. Any Councilmember may “call for the motion” to take the vote on the immediately pending motion and such other questions as are specified in the motion. The Presiding Officer then shall take a vote of the Council to close debate.

8.7       Reconsideration:  Unless prohibited by law, a Councilmember may move that an item be reconsidered by the Council. In the motion for reconsideration, a Councilmember must make a showing that the reconsideration is in the best interest of the public. A majority vote of the Council is required in order for the item to be reconsidered, and such vote is also deemed to be a finding by the Council that the reconsideration is in the public’s best interest. The motion for reconsideration must be made by a Councilmember on the prevailing side of the previous vote, but may be seconded by any Councilmember. The motion for reconsideration may only occur during the same meeting at which the item to be reconsidered was originally acted upon.

8.8       Point of Order or Parliamentary Inquiry:  A member may interrupt debate for immediate consideration of motions and questions relating to rights and privileges of the assembly. The Presiding Officer will decide the question or may refer to the Parliamentarian for a ruling. The Presiding Officer’s decision is subject to an appeal (see Section 4.4).

9.         ENFORCEMENT OF DECORUM

9.1       Warning:  The Presiding Officer may order any person in violation of these rules to be silent. If, after receiving a warning from the Presiding Officer, a person persists in disturbing the meeting, the Presiding Officer may order the person to leave the meeting. If the person does not leave, the Presiding Officer may order the Sergeant-at-Arms to remove the person.

9.2       Removal:  The Sergeant-at-Arms shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the Presiding Officer, it shall be the duty of the Sergeant-at-Arms to remove from the meeting any person who intentionally disturbs the proceedings of the 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. (§ 42.05, Texas Penal Code)

9.3       Resisting Removal:  Any person who resists removal by the Sergeant-at-Arms shall be charged with violating Section 42.05, Texas Penal Code.

9.4       Motions to Enforce:  Any Councilmember may move to require the Presiding Officer to enforce these rules and the affirmative vote of a majority of the Council shall require the Presiding Officer to do so.

9.5       Adjournment:  In the event that any meeting is willfully disturbed by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of individuals who are creating the disturbance, the meeting may be recessed and/or adjourned. If adjourned, the remaining business shall be considered at the next regular meeting.

10.       CREATION OF COMMITTEES, BOARDS, AND COUNCILS

10.1     Council Committees:  The Council may, as the need arises, authorize the appointment of regular and “ad hoc” Council committees. Except where otherwise specifically provided by the Charter, the Mayor shall appoint the members of the Council committees, subject to the consent of the Council, with such consent to be given by consensus. Any “ad hoc” committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Council.

10.2     Citizen Boards, Council, and Committees:  The Council may create other Committees, Boards, and Councils to assist in the conduct of the operation of the City government with such duties as the Council may specify, not inconsistent with the City Charter or Code. Memberships and selection of members shall be as provided by the Council, if not specified by the City Charter or Code. Any Committees, Boards, and Councils so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Council. No committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter or Code.

10.3     Committee Membership Types:  Persons appointed to Committees shall be designated as either Regular Members, Ex Officio Members, or Honorary Members. A Regular Member is a member for all purposes; it is not required that he or she hold a specific office to be qualified for appointment. An Ex Officio Member is appointed to a committee because of a position he or she currently holds. (For example, the P&Z designate would be an Ex Officio Member of the Transportation Committee). An Honorary Member is appointed to a committee because of a position he or she held in the past. (For example, a past Mayor appointed to the Airport Expansion Committee). Regular Members and Ex Officio Members count towards a quorum and have voting privileges, while Honorary Members do not.

10.4     City Spokespersons/Endorsements:  No member of the City Council, Mayor, City Manager, Committee, and/or Board shall speak or offer any endorsement or support, on behalf of the City of Killeen unless authorized to do so by the City Council.