HomeMy WebLinkAboutRes 22-03 Amending and adopting the Council's Governance and Ethics Policy DocumentTOWN OF WESTLAKE
RESOLUTION NO. 22-03
A RESOLUTION OF THE TOWN COUNCIL AMENDING AND ADOPTING THE
COUNCIL'S GOVERNANCE AND ETHICS POLICY DOCUMENT.
WHEREAS, the Town Council finds that ethical, transparent, and effective governance
are a foundation of the daily operations of our organization; and,
WHEREAS, the Town Council has reviewed, discussed, and approved the proposed
update to the current Ethics policy (being renamed the Governance & Ethics Policy; and
WHEREAS, the Town Council finds that it is important to publish said policies and
procedures to help guide the work and interaction of the Council; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 22-03
Page 1 of 15
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 19th DAY OF JANUARY 2022.
ATTEST:
&VI-L
Todd Wood, Town Secretary
APPROVED AS TO FORM:
" c4jlx— F; r
L. Stanton Lowry, Town Attorney
/&�' zz&ey�-1
Laura Wheat, Mayor
Amanda DeGan, Town Manager
%• X NC:)
Resolution 22-03
Page 2 of 15
T H E T 0 W N O F
WESTLAKE
DISTINCTIVE BY DESIGN
Town Council Member
(Board of Trustee)
Governance & Ethics Policy
Adopted 07/28/2008
Revised 12/13/2021
Resolution 22-03
Page 3 of 15
We Will Never bring disgrace to this, our Town, by any act of dishonesty or
cowardice; we will fight for our ideals and sacred things of the Town, both
alone and with many; We will never bring disgrace to this, our Town, by any
act of dishonesty or cowardice; we will fight for our ideals and sacred things of
the Town, both alone and with many; we will revere and obey the Town's laws
and do our best to incite a like respect and reverence in those about us; we will
strive unceasingly to quicken the public's sense of civic duty; and thus in all
the ways we will strive to transmit this Town not only not less but greater, better
and more beautiful than it was transmitted to us.
The Ephebic Oath was that taken by the young men of
the ancient Athens when they became
of age to assume the responsibility of citizenship
We all have the responsibility to protect the integrity
of our governing process and therefore,
have read and agreed to these guidelines.
Resolution 22-03
Page 4 of 15
Table of Contents
Section I: Governance Relations & Ethics Policy .............................4
A. Mayor/President's Responsibilities ...................................... 6
B. Council/Board of Trustee Member's Responsibilities ......... 6
C. Mayor/President & Council/Board Member
Codeof Conduct..................................................................7
D. Board and Staff Relations .................................................... 7
Section II: Council -Manager Form of Government ...........................8
Section III: Agenda Procedures........................................................9
Section IV: Council Media Relations................................................12
Resolution 22-03
Page 5 of 15
Section I - Governance Relations Policy
The Westlake Town Council is the governing body for the Town of Westlake and also serves as the
Board of Trustees for Westlake Academy; therefore, they must bear the initial responsibility for the
integrity of governance. As the Town of Westlake owns, operates, and holds the charter for the
school, the title of Council Member will also apply to their role as a governing board for our
academic services department (Westlake Academy). Thus, Town Council Member is synonymous
with Board of Trustee Member and Mayor is synonymous with President of Westlake Academy.
Serving the community is a great honor and should help build the public trust in our local
government. The Council is responsible for its own professional development and education (both
as a body and as individuals), its own discipline, and its own performance. The development and
adherence to this policy is designed to ensure effective and efficient governance as it is the
foundation of our success.
This policy will address Mayor/President and Council/Board relations, Council/Board and Staff
relations, the Council -Manager Form of Government and Council/Board and media relations. By
adopting these guidelines, we acknowledge our responsibility to each other, to our professional
staff, and to the public that we all serve. The Council will govern both municipal and academic
services 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 has 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/academy affairs;
encourage communication between the residents and the Council; strive for strong working
relationships among neighboring municipalities and elected officials.
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 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 ties 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 Purpose
In order to ensure the proper discharge of duties for the improvement of democratic municipal
and school governance, Westlake Council/Board Members should display behavior that
demonstrates independent, impartial review of all matters addressed by them and be duly
responsible to the residents of Westlake and to each other in their relationships.
Resolution 22-03
Page 6 of 15
Code of Ethics
The office of elected officials is one of trust and service to the residents of the Town of Westlake
and Westlake Academy. This position creates a special responsibility for the Westlake
Council/Board Member. In response to this, the Westlake Council/Board is expected to govern
this Town 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/Board 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 residents of Westlake;
and,
2. Recognize that the chief function of local government at all times is to serve the best interests
of all of the people; and,
3. Be dedicated to public service by being cooperative and constructive, and by making the best
and most efficient use of available resources; and,
4. Refrain from any activity or action that may hinder one's ability to be objective and impartial
on any matter coming before the board. Do not seek nor accept gifts or special favors; believe
that personal gain by use of confidential information or misuse of public funds or time is
dishonest; and,
5. Recognize that public and political policy decisions, based on established values, are ultimately
the responsibility of the board; and,
6. Conduct business in open, well publicized meetings in order to be directly accountable to the
residents of Westlake. 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.
A. MAYOR/PRESIDENT'S RESPONSIBILITIES
The Mayor/President has the important responsibility of presiding at meetings, issuing
proclamations, and generally serves as the governmental head of Town Council/Board of Trustees.
One of the major duties of the position, is to work with the other Council/Board Members to
identify, prioritize, and allocate funding for the needs of both municipal and academic service
areas and work with staff to set the strategic outcomes of the organization.
The Mayor also represents the Town in ceremonial events, makes presentations on behalf of the
municipality and should expect to give interviews to the media (when necessary), preside at
graduation each year, help produce videos for the organization and participate in business
discussions with all stakeholders. Additional information is listed below:
Resolution 22-03
Page 7 of 15
1. The Mayor/President shall be the presiding officer at all meetings. The Mayor Pro-tem
shall preside in his/her absence.
2. Except as provided for by State law pertaining to voting on Council/Board matters, the
Mayor/President shall have a voice in all matters before the Council/Board.
3. The Mayor/President shall preserve order and decorum and shall require Council/Board
members engaged in debate to limit discussion to the question under consideration.
4. The Mayor /President is the spokesperson for the Council/Board on all matters unless
absent, at which time his/her designee will assume the role.
5. The Mayor/President will encourage all Council/Board members to participate in
Council/Board discussions and give each member an opportunity to speak before any
member can speak again on the same subject.
6. The Mayor /President may limit each speaker to three to five (5) minutes to ensure an
efficient use of time. The Mayor/President is responsible for keeping the meetings orderly
by recognizing each member for discussion, limiting speaking time, encouraging debate
among members and keeping discussion limited to the agenda item being considered.
7. Should a conflict arise among Council/ Board members, the Mayor/President will serve as
the mediator.
B. COUNCILBOARD OF TRUSTEES MEMBER RESPONSIBILITIES
Council/Board of Trustee members serve in a legislative role for the organization. They have the
important role of approving policy direction, setting the strategic direction for both municipal and
academic services through the establishment of the vision/mission/values and collaborating with
staff to develop outcome objectives, and measuring the effectiveness of the service delivery
methods for the municipality.
Unless restricted by state law, each Council/Board member may vote (or abstain) on agenda items
that require approval at meetings. Members also serve as the authorizing body that may levy taxes,
assess and charge fees, sell bonds to finance projects and functions of the municipality, and
approves the budget for both municipal and academic services.
C. MAYOR/PRESIDENT AND COUNCILBOARD MEMBER CODE OF CONDUCT
During the Council/Board meetings, members shall preserve order and decorum, shall not interrupt
or delay proceedings, and shall not refuse to obey the orders of the Mayor/President or the rules of
the Council/Board. Council/Board members shall demonstrate respect and courtesy to each other,
to professional Staff, and to members of the public appearing before the Council/Board.
Council/Board members shall refrain from rude and derogatory comments and shall not belittle
Resolution 22-03
Page 8 of 15
Staff members, other Board members, or members of the public. They 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 or issue before the Council/Board.
Members of the Council/Board will not condone any unethical or illegal activity. All members of
the Council/Board agree to uphold the intent of this policy and to govern their actions accordingly.
D. BOARD AND STAFF RELATIONS
No single relationship is as important as that of the Council/Board and their Town Manager
/Superintendent in effectively governing the Town of Westlake/Westlake Academy. It is for this
reason that the Council/Board and Town Manager /Superintendent must understand their
respective roles in that process. The Town Manager/Superintendent is the primary link between
the Council/Board and the professional Staff. The Council'sBoard's relationship with the Staff
shall be through the Town Manager/Superintendent.
1. In order to ensure proper presentation of agenda items by Staff, questions arising from
Council/Board members after receiving their information packet should be, whenever
possible, presented to the Town Manager /Superintendent for Staff consideration prior to
the meeting. This allows the Staff time to address the member's concern and provide all
members with the additional information.
2. The Town Manager /Superintendent 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/Board on the issues which require 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 action is required or present the specific options for Council/Board consideration.
3. The Town Manager /Superintendent is directly responsible for providing information to
all the Council/Board concerning any inquiries by a specific Board member. If the Town
Manager or his/her Staffs time is being dominated or misdirected by a Council/Board
member, it is his/her responsibility to inform the Mayor/President.
4. The Town Manager/Superintendent will be held responsible for the professional and
ethical behavior of himself/herself and the discipline of his/her Staff. The Town
Manager/Superintendent is also responsible for seeing that his/her Staff receives the
education necessary to address the issues facing municipal government.
5. Any conflicts arising between the Town Staff and the Council/Board will be addressed by
the Mayor/President and the Town Manager /Superintendent.
6. All Staff members shall show each other, each Council/Board 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.
Resolution 22-03
Page 9 of 15
7. The Town Manager /Superintendent, after an election, will make sure that the Staff has
prepared information needed for the orientation of new Council/Board members and
inform them of any Texas Municipal League/Texas Charter School conferences and
seminars available.
8. The Town Manager /Superintendent will also be responsible for meeting personally with
new members and informing them about Town/Academy facilities and procedures.
9. The Town Manager/ Superintendent is responsible for the orientation of all new
Council/Board members after an election. The orientation shall include meeting
procedures, Staff and media relations, current agenda items and leadership training
programs.
SECTION II — COUNCIL-MANAGER FORM OF GOVERNMENT
The Council -Manager Form of government (or town manager plan) is similar, in many respects,
to that of a private corporation, in which the stockholders elect a board of directors which then
hires a president to run the company. Under the city manager plan, the voters elect a city council
which, in turn, hires a town manager to administer the town's day-to-day operations.
Under this configuration, the council serves as the legislative body: sets policy, approves the
budget, sets the tax rate, and the extent and cost of municipal and academic services. In short, the
council is the final authority on the policy decisions that determine the scope and functions of the
town government.
The mayor and councilmembers have no administrative duties under the Council -Manager form
of government. These responsibilities are vested in the town manager, who is responsible for hiring
staff, directing and managing the programs of the town in accordance with ordinances, rules, and
regulations adopted by the council.
The typical town manager in Texas is appointed for an indefinite term and is subject to dismissal
by the council at any time except as otherwise prohibited by law. He or she is designated as the
chief executive and administrative officer of the town and is accountable to the council for the
proper conduct of all municipal operations.
The manager has the unilateral authority to hire, discipline, and fire the department heads under
the town manager's direction. In our organization, the town attorney and municipal judge, are
directly hired and/or supervised by the council rather than the town manager. Although the
manager's role varies from one city to another, the primary function is to implement the policies
established by the council and ensure the city is operated in an economical and responsible manner.
Specific duties of the manager may include the following:
1. Enforcing all town ordinances, rules, and regulations.
2. Supervising all municipal and academic employees and programs.
3. Preparing and executing the town's annual budgets for municipal and academic services
Resolution 22-03
Page 10 of 15
4. Managing the town's funds and preparing periodic reports that advise the council and the
public of the town's financial position.
5. Providing information to the council to facilitate its ability to make informed decisions in
the best interests of the town.
6. Preparing council and board meeting agendas and attending all such meetings to serve as
a resource to the council and the public.
7. Identifying needs of the community and recommending methodology by which the
council may respond to those needs.
SECTION III — AGENDA GUIDELINES AND PROCEDURES
The Open Meetings Act (the "Act") was adopted to help facilitate the publics access to
governmental meetings and decision -making processes. "It requires meetings of governmental
bodies to be open to the public, liberally construed in favor of open government." (excerpted from
the ww,v.texasattorney eneral.gov website) The Act prohibits the Town Council/Board of
Trustees, boards, and commissions from taking action on or engaging in any discussion regarding
an item not listed on the agenda. There will be a section for open citizen comments during each
agenda; however, the Council/Board Members are not allowed to engage or interact on the topic
with the person speaking during this portion of the meeting.
Quorum of Elected Officials: The Act defines "quorum" as a majority of the governing body for
both the Town Council and the Board of Trustees. For example, three members of the five -member
Council/Board constitutes a quorum for hearing both municipal and academic matters. Except in
certain circumstances, the presence of the Mayor/President is not included in the `count' for a
quorum.
A resident who has been elected to serve as a member of a governing body but whose election has
not been certified (or the oath of office administered) is not yet a member of the governing body.
Thus, a meeting between two newly elected persons who have not yet taken the oath of office and
two serving CouncilBOT members is not subject to the Act because no quorum is present. It is
also important to note, that a board member may not delegate his or her authority to deliberate or
vote to another person, absent express statutory authority to do so.
Regular meetings of the Town Council/Board of Trustees are held on the second and fourth
Monday of each month (pending any conflicts with holiday scheduling). The meetings will begin
at the time posted on each respective agenda and may change based on the number of items placed
on the agenda for discussions during each session. The location will also be posted for each
meeting in order to allow the public to attend and participate in the local government process.
Consent Agenda Items
The consent agenda includes items of a routine nature and will generally be approved with one
motion. Council/Board Members may ask a question regarding a consent agenda item, speak in
opposition to the recommended action, request that their vote show opposition to an item, or may
remove an item from the consent agenda and have it considered as a separate item. Any item so
removed from the consent agenda shall be considered after other items on the consent portion of
the agenda have been heard and voted on.
Resolution 22-03
Page I 1 of 15
Executive Session
Executive Sessions are closed meetings and are permitted for the discussion of the following items
that legitimately fall within the exceptions as stated in the Texas Open Meetings Act:
• Consultation with the Town Attorney to seek advice about pending or contemplated
litigation, settlement offer, or other matter as permitted;
• Deliberations regarding the purchase, lease, exchange or value of real property;
• Deliberations regarding personnel matters; or
• Deliberations regarding economic development negotiations.
Future Agenda Item Requests. Any Council/Board member may request an agenda item be
considered for discussion at a future meeting.
a. The Council/Board member making the request will contact the Town
Manager/Superintendent, in writing, with a description of the requested item and he or she
will list it on an agenda as a "Future Agenda Item" for consideration by the entire Council.
The item will then be placed on future agenda within 30 days of the initial request.
b. At the agenda meeting where the item will be considered for a future discussion, the
requesting Council/Board member shall provide the following information to the Council:
i. an explanation of the item being considered;
ii. the items relationship to the strategic priorities/objectives of the organization;
iii. the question(s) the Council member would like to have answered by Staff.
c. If the requesting Council Member receives a second after the broader discussion, the Town
Manager/Superintendent will place the item on a future agenda workshop for preliminary
discussions by Council. The Council should consider the following in providing direction
to Staff on the item:
i. the necessary Staff time it will take to research and prepare the item for the initial
discussion (the Town Manager/Superintendent will provide an estimate to
Council);
ii. the priority of the item in relation to other projects currently in process, and;
iii. the Council shall then provide Staff with an estimated month for completion.
Requests for Administrative Inquiry. A Council/Board member may request that the Town
Manager/Superintendent investigate a specific topic or subject and report staff s response and/or
findings back to the entire Council by brief email. Administrative inquiries are strictly intended
for items that are of interest to the Council/Board as a whole, will require only brief staff time (less
than 30 min of research) to investigate and respond, and in the Council's view does not merit time
or discussion at a Council meeting.
If the request will take more than a brief amount of time to research and respond, the Town
Manager/Superintendent will inform the Council by email and the requesting Council Member
will then have the option to submit the request as a Future Agenda Item for consideration by the
Resolution 22-03
Page 12 of 15
larger governing board.
a. At the agenda meeting where the item will be considered for a future discussion, the
requesting Council Member shall provide the following information to the Council:
iv. an explanation of the item being considered;
v. the items relationship to the strategic priorities/objectives of the organization;
vi. the question(s) the Council member would like to have answered by Staff.
Agenda Reports. Reports are prepared by staff and placed on the appropriate Council agenda for
informational purposes and will be accepted as presented. There will be no presentation for these
items or separate discussion unless a Council Member requests that a report be removed and
discussed separately.
Agenda Preparation by Council. Each Council Member is responsible for being prepared to
attend the meetings and discuss the agenda and is encouraged to attend at least one Texas
Municipal League or Texas Charter School sponsored conference each year in order to stay
informed on issues facing municipalities and charter schools. It is the responsibility of
Council/Board members to be informed about action taken by the Council/Board in their absence.
Each individual Council/Board member is responsible for scheduling a discussion with the Town
Manager/Superintendent, or his/her representative, to receive an update on information that was
discussed at any missed meeting. Whenever possible, this update should occur prior to the next
regularly scheduled Council meeting in order to ensure each Council Member is receiving timely
information and engaged in the process of governance for the community.
General Rules of Order
1. When addressing an agenda item, the Council/Board member shall first be recognized by
the Mayor/President, confine himself/herself to the question under debate, avoid reference
to personalities, and refrain from impugning the integrity or motives of any other
Council/Board member or Staff member in his/her argument or vote.
2. In the absence of a ruling by the Mayor/President on any procedural matter, a
Council/Board 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/Board members present and voting shall be necessary to approve the motion.
3. Any Council/Board member may appeal to the Council/Board as a whole from a ruling by
the Mayor/President. If the appeal is seconded, the person making the appeal may make a
brief statement and the Mayor/President may explain his/her position, but no other member
may speak on the motion. The Mayor/President will then put the ruling to a vote.
4. Any Council/Board member may ask the Mayor/President to enforce the rules established
by the Board. Should the Mayor/President fail to do so, a majority vote of the
Council/Board members present shall require him/her to do so.
Resolution 22-03
Page 13 of 15
5. When a Council/Board member is appointed to serve as liaison to an affiliate board, the
Council/Board member is responsible for keeping all Council/Board members informed of
significant activities.
6. As much as practicable, Council/Board agendas, particularly workshop meetings, should
be centered on the Council'sBoard's strategic plans and related policy matters. To achieve
that end, the Town Manager/Superintendent and his/her Staff will work to facilitate that
focus.
Section IV - Council/Board 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 council -manager -media relations. It is through an informed public that progress is
insured and good government remains sensitive to its constituents. These guidelines are designed
to help ensure fair relationships with print, radio, and television reporters. The Council and the
Town Manager/ Superintendent recognize that the news media provides an important link between
the Council/Board and the public. It is 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 and will be furnished support material needed for
clarification if requested.
3. In order to preserve the decorum and professionalism of Council/Board meetings, the media
are requested to refrain from conversing privately with other people in the audience and to
conduct any interview with the public outside the meeting room while the Council/Board is
in session.
4. Since each government body conducts business differently, it is requested that all reporters
new to Board meetings meet with the Town Manager/Superintendent, Mayor/President, or the
designated media relations representative prior to covering their first meeting to be informed
of the policies and procedures to help foster a professional working relationship between the
media reporter and the Town.
5. On administrative matters, the Town Manager/Superintendent is the spokesperson, unless
he/she has appointed a media relations person to present staff information on the agenda.
6. The Mayor/President, or his/her designee, is the primary spokesperson for the Town/Academy
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
Resolution 22-03
Page 14 of 15
options discussed before a vote was taken and helps build confidence in the democratic
process.
7. The Town of Westlake Council/Board is made up of five (5) Council Members and a
Mayor/President, each elected by the residents of Westlake. 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 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.
Resolution 22-03
Page 15 of 15