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BCRUA_07-10-16-4A RESOLUTION NO. U ® D�CG t14 WHEREAS, the Board of Directors of the Brushy Creek Regional Utility Authority desire to approve Rules of Procedure For Meetings of the Board of Directors of the Brushy Creek Regional Utility Authority, Now Therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC., That the President is hereby authorized and directed to execute on behalf of the Authority said rules of procedure, attached hereto as Exhibit "A" and incorporated herein, is hereby approved and adopted. The Board of Directors hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 16th day of October, 007 . By: ZZ__ ott Rhode resident BCRUA Board of Directors 0 \wdox\RESOLUTI\BRUSITYCRK\00123115.WPD/rmc RULES OF PROCEDURE FOR MEETINGS OF THE BOARD OF DIRECTORS OF THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY 1. Agenda (a) Preparation. The general manager shall prepare or cause to be prepared an agenda for each meeting, work session, or retreat of the board of directors (the"board"). (b) Placement of Agenda Items by Board Members. The general manager shall include on such agenda any item requested by a board member provided that the board member submits his or her request is submitted in writing reasonably before the agenda isop sted. (c) Public Availability of Agenda. In addition to the requirements of the Texas Open Meetings Act, Section 551.001 et seq. of the Government Code, the agenda and supporting materials for any board meeting, excluding materials exempted from disclosure under the Public Information Act, Section 552.001 et seq. of the Government Code, or other applicable law, shall be made available to any member of the public who requests same in writing. However, any member of the public requesting the agenda and/or supporting materials, excluding materials exempted from disclosure under the Public Information Act, Section 552.001 et seq. of the Government Code, or other applicable law shall pay all costs associated with the reproduction of the agenda and/or supporting materials, excluding exempt materials, in accordance with the standards established by the General Services Commission. The agenda shall also be made available to the public on the Brushy Creek Regional Utility Authority's internet website. (d) Consent Agenda i. Definition. Any items to be brought before board which are considered by the general manager to be routine, non-controversial, and needing no discussion may be placed on the consent agenda. For purposes of example only, the following are routine items which may be considered for placement on the consent agenda: approval of minutes, approval of license applications and bonds, approval of payment of contracts, approval of the unanimous recommendations of committees, setting dates for hearings, accepting deeds or easements, resolutions, approval of publishing notices, and agreements previously approved in principle. All of the foregoing examples are demonstrative only and are not meant or intended to be exclusive. ii. Placement on Consent Agenda. The consent agenda shall be treated as one agenda item. However, each item included on the consent agenda shall be numbered separately and be reasonably explained. The consent agenda portion of the board agenda shall be preceded by an explanatory note to the public, in substantially the same wording as follows: "All matters listed hereunder as the consent agenda are considered to be routine by the board and may be considered and approved in a single motion. There will be no separate discussion of these items. If a board member desires to discuss an item on the BCRUA Rules of Procedure Page 1 of 4 EXHIBIT 9 IRA" consent agenda, that item will be removed from the consent agenda and will be considered separately." iii. Consideration of Items on Consent Agenda. Questions and explanation of consent agenda items will be permitted, but the board shall not engage in general discussion or debate. The board shall vote on the consent agenda as one item, and passage of the consent agenda shall constitute passage of each item included thereon. Failure to approve the consent agenda shall not defeat each item included thereon; in such event, the board shall consider each item individually. Prior to the consent agenda being voted upon, a board member may remove any item included thereon. A board member may remove any item from the consent agenda either in writing directed to the general manager or orally before the call of the consent agenda. The board shall consider any item removed from the consent agenda as a separate action item at the meeting on which such item appears on the consent agenda. 2. Rules of Procedure and Conduct of Board Meetings (a) Chair. All board meetings shall be presided over and conducted by the President or, in his or her absence, the Vice President. (b) Rules of Order. All board meetings shall be conducted generally in accordance with these rules of procedure and Robert's Rules of Order, in its most current revised edition. In the event of a conflict, these rules of procedure shall prevail over Robert's Rules of Order. (c) Parliamentarian. The board's attorney, or such other attorney as may be assigned to assist the board at its meeting from time to time, shall be designated as parliamentarian and shall make rulings on questions of parliamentary procedure when requested to do so by a board member or when the legality or validity of a board action might be affected. (d) Presentation by BCRUA Staff. With the exception of the consent agenda, the general manager or such person(s) designated by him or her shall make any staff presentation necessary for an agenda item, a public hearing, or before consideration of a possible action item. (e) Citizen Communications i. Opportunity to Address Board Provided. An opportunity for any person to address the board at any regular meeting shall be provided under an agenda item entitled "Citizen Communications." ii. Limitation on Board Taking Action. No matter brought before the board during "Citizen Communications" may be acted upon by the board unless the specific matter appears on the posted agenda as provided by law. BCRUA Rules of Procedure Page 2 of 4 iii. Time Limit. Citizens Communications shall be limited to a maximum of thirty (30) minutes per board meeting. However, the board, by unanimous vote, may extend the time limit for Citizens Communications for a board meeting. iv. Procedure for Citizen Addressing Board When Item Not on Agenda. Any person wishing to address the board under "Citizens Communication" may do so provided that he or she (a) limits such presentation to three (3) minutes, and (b) has previously delivered to the general manager or the board secretary a registration card identifying the topic on which the person desires to address the board. The Chair may expand the time limit set forth up to one additional three (3) minute period if the presenter requests an extension and if no board member objects. If a board member objects to the presenter's request for an extension, then such request shall be deemed denied. If more than ten (10) persons register to address the board during Citizen Communications, the Chair shall limit the time for each person to speak so that the total time spent on Citizens Communications does not exceed thirty (30) minutes unless the board votes to suspend the thirty (30) minute time limit for Citizens Communications. The Chair may direct either the general manager or the board's attorney to serve as timekeeper during Citizens Communications. The Chair may deny any presenter the opportunity to address the board if the presentation made or offered is substantially repetitive or cumulative of a presentation previously made at that meeting. vi. Procedure for Citizens Addressing the Board During Public Hearings. Any person wishing to address the board during a Public Hearing may do so provided that he or she (a) limits such presentation to three (3) minutes, and (b) has previously delivered to the general manager or the board secretary a registration card identifying the Public Hearing on which the person desires to address the board. However, the Chair may expand the time limit set forth up to one additional three (3) minute period if the presenter requests an extension and if no board member objects. If a board member objects to the presenter's request for an extension, then the request for an extension shall be deemed denied. If ten (10) or more persons register to address the board during a Public Hearing, the Chair may limit the time for each person to less than three (3) minutes unless a board member objects. The Chair may direct either the general manager or the board's attorney to serve as timekeeper for any presentation made to the board during a public hearing. The Chair may deny any presenter the opportunity to address the board if the presentation made or offered is substantially repetitive or cumulative of a presentation previously made at the Public Hearing or is not relevant to the matter for which the Public Hearing is held. vii. The registration card shall include the following information: (1) full name; (2) business or residential address; (3) business or residential telephone number; (4) representation; (5) the topic of the Public Hearing; (6) brief statement of position, e.g. for or against an agenda item or summary of communication. BCRUA Rules of Procedure Page 3 of 4 (f) Call of Agenda Items. The Chair may call each agenda item by number or short caption only. It shall not be necessary to call an agenda item by its complete caption. (g) Board Vote. The general manager or board secretary shall maintain, and the minutes shall reflect, all votes made by the board in open meeting. The board shall not vote on any item except in open meeting. (h) Amendment of Rules of Procedure. These rules of procedure may only be amended by unanimous vote of the board. CONSIDERED AND APPROVED on the 16th day of October, 2007, at which a quorum was present and for which due notice was given pursuant to Section 551.001, et seq., of the Government Code. APPROVED on the 16th day of October, 2007. Scott Rohde President BCRUA Board of Directors BCRUA Rules of Procedure Page 4 of 4