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HomeMy WebLinkAbout220324 -- Council Relations Policy and Code of EthicsRevised 2022 Council Relations Policy and Code of Ethics The College Station City Council is the governing body for the City of College Station; therefore, it must bear the initial responsibility for the integrity of governance. The council is responsible for its own development (both as a body and as individuals), its responsibilities, its own discipline, and its own performance. The development of this policy is designed to ensure effective and efficient governance. This policy will address mayor and council relations, council and staff relations, council and media relations, social media relations, and videoconferencing. By adopting these guidelines for elected officials, we acknowledge our responsibility to each other, to our professional staff, and to the public. The city council will govern the city in a manner associated with a commitment to the preservation of the values and integrity of representative local government and democracy, and a dedication to the promotion of efficient and effective governing. The following statements will serve as a guide and acknowledge the commitment being made in this service to the community: 1. The council recognizes as high priorities the continual improvement of the member’s professional ability and the promotion of an atmosphere conducive to the fair exchange of ideas and policies among members. 2. The council will endeavor to keep the community informed on municipal affairs; encourage communication between the citizens and the city council; and strive for strong, working relationships between College Station and Brazos County, Bryan, and College Station Independent School District elected officials, as well as TAMU officials, and Blinn College students, faculty staff and administrators. 3. In its governance role, the council will continue to be dedicated to friendly and courteous relationships with staff, other council members, and the public, and will seek to improve the quality and image of public service. 4. The council will also strive to recognize its responsibility to future generations by addressing the interrelatedness of the social, cultural, and physical characteristics of the community when making policies. 5. And finally, each council member will make a commitment to improve the quality of life for the individual and the community, and to be dedicated to the faithful stewardship of the public trust. Statement of Mission In order to ensure proper discharge of duties for the improvement of democratic local government, College Station City Council members should display behavior that demonstrates independent, impartial review of all matters addressed by them, and be duly responsible to the citizens of College Station and to each other in their relationships. CORE VALUES • The health, safety, and general well-being of the community. • Excellence in customer service. • Fiscal responsibility. • Citizen involvement and participation. • Collaboration and cooperation. • Regionalism as an active member of the Brazos Valley community and beyond. • Activities that promote local autonomy. • Plan and collaborate with Texas A&M University. Section I: Mayor-City Council Relations A. Mayor’s Responsibilities 1. The mayor shall be the presiding officer at all meetings. The mayor pro-tem shall preside in the absence of the mayor. 2. The mayor shall have a voice in all matters before the council and may vote on all agenda items requiring council action. 3. The mayor is responsible for keeping the meetings orderly by recognizing each council member for discussion, encouraging debate among members, and limiting discussion to the agenda item under consideration. 4. The mayor is the spokesperson for the council on all matters unless absent, at which time the mayor pro tempore or the appropriate designee will assume the role. 5. The mayor will encourage all council members to participate in council discussion and give each member an opportunity to speak before any member can speak again on the same subject. The mayor may limit each council member to a reasonable time limit to speak to ensure efficient use of time. 6. Should a conflict arise among council members, the mayor will serve as a mediator. 7. The mayor or appropriate designee is responsible for ensuring an orientation of all new council members is conducted after an election. The orientation should include council procedures, staff and media relations, current agenda items municipal leadership training programs, and legal issues governing the behavior of local officials including the Texas Open Meetings Act, Public Information Act, and conflicts of interest. B. Council Responsibilities 1. Any council member may request the presiding official to place an item on a future agenda for discussion, with a majority of the council. Should staff time be required to address this item, the mayor will canvass all council members to determine the support for commitment of staff time and resources. The same action should be taken by the mayor when council concerns require staff time and budget. 2. Each new council member is required to attend the new council orientation after an election. Each council member is encouraged to attend at least one Texas Municipal League sponsored conference each year in order to stay informed on issues facing municipalities. 3. It is the responsibility of council members to be informed about previous action taken by the council in their absence by speaking with the city secretary, the city manager or watching the meeting video. In the case of absence from a workshop session where information is given, the individual council member is responsible for obtaining this information prior to the council meeting when said item is to be voted upon. 4. When addressing an agenda item, the council member shall first be recognized by the mayor, confine himself/herself to the question under debate, avoid reference to personalities, and refrain from impugning the integrity or motives of any other council member or staff member in his/her argument or vote. 5. In the absence of a ruling by the mayor on any procedural matter, a council member may move to change the order of business or make any other procedural decision deemed appropriate. The affirmative vote of a majority of the council members present and voting shall be necessary to approve the motion. 6. Any council member may appeal to the council as a whole from a ruling by the mayor. If the appeal is seconded, the person making the appeal may make a brief statement and the mayor may explain his/her position, but no other member may speak on the motion. The mayor will then put the ruling to a vote of the council. 7. Any council member may ask the mayor to enforce the rules established by the council. Should the mayor fail to do so, a majority vote of the council members present shall require him/her to do so. 8. When a council member is appointed to serve as liaison to a board, commission or committee, the council member is responsible for keeping all council members informed of significant activities of that board, commission or committee. 9. In the event a board or committee member is absent from three meetings in a twelve-month period that are considered unexcused by definition the city secretary shall notify the member by letter requesting an explanation for the absences. After reviewing the explanation for absences, if City Council the finds that the absences are unexcused, the council may choose to notify the member of the importance of regular attendance or to remove a member for non-attendance and any range of response in between. The council response shall consider the member’s prior service, reasons for absences, likelihood of future attendance, and the necessity for the city board, commission, or committee to carry out its responsibilities. The council may, after due consideration, remove a member of the board, commission, or committee for any other good cause related to performance of duty. C. Council Personal Interest 1. No city council member should have a financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the city, or be financially interested, directly or indirectly, in the sale to, or purchase from, the city of any land, materials, supplies or services except on behalf of the city; provided, however, the provisions in the City Charter shall only be applicable when the stock owned by the council member exceeds one percent (1%) of the total capital stock of the corporation. Any violation with the knowledge expresses or implied of the person or corporation contracting with the city must render the contract voidable by the council or city manager. D. Code of Conduct for Mayor and Council Members 1. During the council meetings, council members shall preserve order and decorum, shall not interrupt or delay proceedings, and shall not refuse to obey the orders of the mayor or the rules of the council. Council members shall demonstrate respect and courtesy to each other, to city staff members, and to members of the public appearing before the council. Council members shall refrain from rude and derogatory remarks and shall not belittle staff members, other council members, or members of the public. 2. Council members should not use their position to secure special privileges and should avoid situations that could cause any person to believe that they may have brought bias or partiality to a question before the council. 3. Members of the council will not condone any unethical or illegal activity. All members of the council agree to uphold the intent of this policy and to govern their actions accordingly. E. Council Campaign Contribution 1. In compliance with the City Charter, council members are required to both disclose any campaign contribution in excess of $500.00 by filing an affidavit with the city secretary and abstaining from participating in and voting on any matter before the city council if the matter before the council would materially benefit the campaign contributor or any business entity in which the campaign contributor has a substantial interest. Section II: Council and Staff Relations No single relationship is as important as that of the council and their city manager in effectively governing the City of College Station. It is for this reason that the council and the city manager must understand their respective roles in that process. The city manager is the primary link between the council and the city staff. The council’s relationship with the staff shall be through the city manager. 1. In order to ensure proper presentation of agenda items by staff, questions arising from council members after receiving their information packet should be, whenever possible, presented to the city manager for staff consideration prior to the council meeting. This allows staff time to address the council member’s concern and provide all council members with the additional information. 2. The city manager shall designate the appropriate staff member to address each agenda item and shall see that each presentation is prepared and presented in order to inform and educate the council on the issues which require council action. The presentation should be professional, timely, and allow for discussion of options for resolving the issue. The staff member making the presentation shall either make it clear that no Council action is required, present the staff recommendation, or present the specific options for council consideration. 3. The city manager is directly responsible for providing information to all the council concerning any inquiries by a specific council member. If the city manager or his/her staff’s time is being dominated or misdirected by a council member, it is his/her responsibility to inform the mayor of the concern (any action necessary is covered under Section I A:7). 4. The city manager will be held responsible for the professional and ethical behavior of himself/herself and the discipline of his/her staff. The city manager is also responsible for seeing that his/her staff also receives the education and information necessary to address the issues facing municipal government. 5. Any conflicts arising between the city staff and the council will be addressed by the mayor and the city manager. 6. All staff members shall show each other, each council member, and the public respect and courtesy at all times. They are also responsible for making objective, professional presentations to ensure public confidence in the process. 7. The city manager, after an election, will make sure that staff has prepared information needed for the orientation of new council members and inform them of any Texas Municipal League conferences and seminars available. The city manager will also be responsible for meeting personally with new members and informing them about city facilities and procedures. Section III: Council and Media Relations Since the democratic form of government is only successful when the citizens are kept informed and educated about the issues facing their municipality, it is imperative the media play an important role in the governmental process. It is through an informed public that progress is ensured and good government remains sensitive to its constituents. These guidelines are designed to help ensure fair relationships with all media reporters. The council and the city manager recognize that the news media provide an important link between the council and the public. It is the council’s desire to establish a professional working relationship to help maintain a well informed and educated citizenry. 1. During the conduct of official business, the news media shall occupy places designated for them or the general public. 2. All reporters will have access to an agenda in advance and will be furnished support material needed for clarification if requested. 3. In order to preserve the decorum and professionalism of council meetings, the media are requested to refrain from conversing privately with other people in the audience and to conduct any interviews with the public outside the council chambers while council is in session. 4. Since the government body conducts business differently, it is requested that all reporters new to city council meetings meet with the city manager, mayor, or the public communications representative prior to covering their first meeting to be informed of policies and procedures to help ensure a professional working relationship between the media reporter and the city. 5. On administrative matters, the city manager is the spokesperson, unless he/she has appointed a media relations person to present staff information on the agenda. 6. The mayor, or his/her designee, is the primary spokesperson for the city on matters regarding policy decisions or any council information pertaining to issues on the agenda. In order to ensure fair treatment of an issue, any clarifications requested by the media on the issue should be addressed after the meeting. When opposing positions have been debated, regardless of the outcome, the public is better informed when all sides have adequate coverage by the media. This lets the public know that the item was seriously debated and options discussed before a vote was taken, and helps build confidence in the democratic process. 7. The College Station City Council is made up of six council members and a mayor, each elected by the citizens of College Station. In respect to each council member and his/her constituents, his/her views as presented on an issue before the council should provide equitable representation from all seven members. Even though council members may express differing ideas, equitable representation helps promote unity of purpose by allowing the public to be informed of each member’s position during his/her term of office and not only during an election campaign. We all have the responsibility to protect the integrity of our governing process and therefore, have read and agreed to the above guidelines. Section IV. Council Social Media Relations The city understands that social networking and internet services have become a common form of communication in the workplace and among stakeholders and citizens. Also, the city recognizes the right to use and maintain personal web sites or to engage in social networking. However, the line between public and private activity has been blurred by these social networking tools, which is the primary reason these guidelines were developed. Information from your personal Facebook page, blog entries and tweets – even if they are intended as personal messages between family and friends – can easily reach beyond your intended audience and represent you and the city to the outside world. For those council members who choose to participate in social networks, here are some additional guidelines for personal social networking sites: • City policies, rules, regulations and code of conduct apply to individuals who engage in social networking activities while conducting city business. Use of your city e-mail address and communicating in your official capacity will constitute conducting city business. • Protect your privacy, the privacy of citizens, and the information the city holds. Follow all privacy protection laws, i.e., HIPAA, and protect sensitive and confidential city information. Follow all copyright laws, open records laws, retention laws, fair use and financial disclosure laws and any other laws that might apply. All city social networking activities are subject to State of Texas open records laws. All city information that is considered non-public in nature must be protected. Respect and maintain the confidentiality entrusted to you. Do not divulge or discuss proprietary information, personal details about other people or other confidential material. • Frame any comments or responses in a respectful and positive manner. Do not argue with commenters. Be clear, but not defensive. Avoid personal attacks and do not criticize other city employees or departments. Do not use ethnic slurs, profanity, personal insults, or engage in any conduct that would not be acceptable in the city’s workplace. Before posting, consider how your comment or behavior would be received if it appeared in the mass media. In other words, behave as if you are in any other public setting. • Recognize that everything you post or receive on a social media site is public. Anyone with access to the web can get access to your activity on social media sites. You are responsible for the content you post. If it gives you pause, pause before you publish. Remember that your personal and professional lives overlap in your online activity. Make it clear that you are speaking for yourself and not on behalf of the city. If you publish content on any Web site outside of the city and it has something to do with the work you do or subjects associated with the city, use a disclaimer such as this: “The postings on this site are my own and don’t necessarily represent the city’s positions or opinions.” When in doubt about any online activity, contact the public communications department. Section V. Videoconferencing (A full copy of the City’s Videoconference Policy is attached.) 1. A council member is permitted to attend a council meeting by videoconference in those instances in which a council member would otherwise be required to request an excused absence, such as travel or illness. The council understands the importance of ensuring council members and members of the public attending the meeting in person have adequate access to a council member’s comments when he or she attends the meeting virtually. The purpose of this policy is to establish policies and procedures to help ensure council members participating remotely in a council meeting by means of a videoconference call, do so within the guidelines of TEXAS GOVERNMENT CODE, §551. 127.TEXAS GOVERNMENT CODE, §551.127 permits the city council to meet in executive session by videoconference call provided that the closed session meets the statutory requirements. A council member remoting into executive session must be in a closed room and must be alone to protect the confidentiality of the executive session and in some cases to preserve the attorney client privilege. 2. The notice of a meeting to be held by videoconference call must specify the location and the intent to have a quorum present at the location. The location shall have two-way audio and video communication with each member who is participating by videoconference call during the entire meeting. Each participant in the videoconference call, while speaking, shall be clearly visible and audible to each other participant, and during the open portion of the meeting, to the members of the public in attendance at the location and any other location of the meeting that is open to the public. No more than three (3) council members may videoconference at any one time. Requests to videoconference will be taken on a first come/first-served basis. 3. A meeting of the Council may be held by videoconference call only if: a. the meeting takes place in the College Station City Hall, which has been determined to be the only physical space that currently meets the requirements of TEXAS GOVERNMENT CODE, §551.127; b. the member of the governmental body presiding over the meeting is present at that physical space; and c. any member of the public present at that physical space is provided the opportunity to participate in the meeting by means of videoconference call in the same manner as a person who is physically present at a meeting of the governmental body that is not conducted by videoconference call. 4. A meeting held by videoconference call can only be held if a quorum of the council is physically present at one location. If a problem occurs that causes a remote participant to no longer be visible and audible to the public at the location, the meeting must be recessed until the problem is resolved. If the problem cannot be resolved in thirty (30) minutes the council member remoting into the meeting will be determined to have left the meeting, and the meeting will continue at the location. Section VI. College Station City Council Code of Ethics The office of elected officials is one of trust and service to the citizens of College Station. This position creates a special responsibility for the College Station city council member. In response to this, the College Station city council is expected to govern this city in a manner associated with a commitment to the preservation of the values and integrity of representative local government and local democracy and a dedication to the promotion of efficient and effective governing. To further these objectives, certain ethical principles shall govern the conduct of every council member, who shall: 1. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the citizens of College Station; 2. Recognize that the chief function of local government at all times is to serve the best interests of all of the people; 3. Be dedicated to public service by being cooperative and constructive, and by making the best and most efficient use of available resources; 4. Refrain from any activity or action that may hinder one’s ability to be objective and impartial on any matter coming before the council. Do not seek nor accept gifts or special favors; believe that personal gain by use of confidential information or by misuse of public funds or time is dishonest; 5. Recognize that public and political policy decisions, based on established values, are ultimately the responsibility of the city council, and 6. Conduct business in open, well-publicized meetings in order to be directly accountable to the citizens of College Station. It is recognized that certain exceptions are made by the State for executive sessions; however, any action as a result of that type of meeting will be handled later in open session. Approved on the 24th day of March 2022. _______________________________ ________________________________ City Attorney Mayor _______________________________ City Secretary