The URL can be used to link to this page

Home My WebLink About(0005) IR 20-10468 - Subpoena Power All Boards.Commissions.IndividualsINFORMAL REPORT TO CITY COUNCIL MEMBERS No. 20-10468 P,Rffet To the Mayor and Members of the City Council August 25, 2020 4 Page 1 of 8 rrA SUBJECT: COMPOSITION, APPOINTMENT, AND SUBPOENA POWERS OF r$'BOARDS, COMMISSIONS AND ADVISORY BODIES The City of Fort Worth makes appointments to a wide variety of boards, commissions, and advisory bodies ("boards"). Some of these boards have the power to subpoena or otherwise compel the production of documents and attendance of individuals. This report and the accompanying charts provide an overview of the composition, appointment, and subpoena powers of these entities. Types of Entities In some cases, the creation and composition of a board is dictated by state law, corporate governance documents, or by a contract between the City and one or more other entities. In those circumstances, the City is required to comply with those outside restrictions in making its appointments to these "Outside Boards." In other instances, boards are created by and completely subject to the City's control. For these "City Boards," the City Council has sole discretion to decide how many members should serve and how they are to be appointed. Among the City Boards, many consist of nine members that are appointed on a one -for -one basis by the individual members of the City Council. However, a few boards, some of which consist of nine members, are appointed on an at -large rather than by -district basis. This approach is generally a result of the board structure being designed to take into account some larger purpose. For example, the MWBE Advisory Committee is structured to provide representatives from a variety of key stakeholder groups such as each minority chamber of commerce. And in the case of the art and design boards, the membership structures are set up to include practitioners in certain fields. If the boards were overhauled so that all of these appointments were made on a by -district basis, it would be difficult to achieve these other ends. Therefore, although the City Council could theoretically restructure many or all of these City Boards to provide for district -by -district appointments, it is recommended that no changes be made to the "not by district" boards. Subpoena Power As reflected in the accompanying charts, in many instances the power to subpoena or compel the attendance of witnesses and production of documents is a product of state law. Only the state legislature has authority to enact changes to the statutes granting such authority. In other cases, the power to subpoena is a local creation under home rule authority and the City Charter. Chapter V, Section 7 of the City Charter provides that the City Council and the City Manager — as well as others that either one authorizes — have the power to conduct certain inquiries and investigations and to subpoena individuals and records as part of those activities. That Charter ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 20-10468 P,Rff� To the Mayor and Members of the City Council August 25, 2020 Page 2 of 8 rrA SUBJECT: COMPOSITION, APPOINTMENT, AND SUBPOENA POWERS OF r$'BOARDS, COMMISSIONS AND ADVISORY BODIES provision goes on to state that "council shall provide by ordinance penalties for contempt in refusing to obey any such subpoenas or failure to produce books, papers and other evidence." In accordance with the power granted by the voters in approving that Charter provision, the City Council has gone on to invest certain entities — primarily the Ethics Review Commission and the Human Relations Commission — with authority to conduct certain investigations and to issue subpoenas in furtherance of those investigations. The Ethics Code elaborates on the conditions that must be met to request a subpoena in an ethics review proceeding, which include providing a sworn application with a detailed description of the materials sought, a representation that other efforts to obtain the materials have failed, and a statement of the applicant's good faith belief that the materials are in the possession of the person identified by name and address in the application. The Ethics Code also provides the right to appeal a subpoena — either its granting or its denial — to the City Council. If there are concerns regarding the scope of other locally granted subpoena power and the process for review, the Law Department can prepare an ordinance for City Council consideration. It is recommended that such an ordinance mirror the Ethics Code in more fully articulating the standard for issuance of a subpoena and provide that a contest regarding a subpoena sought from the City Manager or a board be subject to appeal to the City Council and that a subpoena contest in which the original application is made directly to City Council be subject to a de novo review by the Chief Judge of the Fort Worth Municipal Court. The accompanying charts summarize the various types of boards, how they are appointed, and the source of subpoena powers where they exist. If you have any questions about this information, please contact Mary Kayser (x6161), Sarah Fullenwider (x7606), or Denis McElroy (x2758). David Cooke City Manager ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 20-10468 VE%, To the Mayor and Members of the City Council August 25, 2020 ' r Page 3 of 8 rrA SUBJECT: COMPOSITION, APPOINTMENT, AND SUBPOENA POWERS OF r$'BOARDS, COMMISSIONS AND ADVISORY BODIES The following series of charts provides an overview of the boards. OUTSIDE BOARDS — Operating Inside City Limits Name Total # of CFW Method of CFW Outside Subpoena Members Positions Appointment Restriction Power? AllianceAirport 9 9 City Council Tex Local Govt NO Authority, Inc* Resolution Code § 501.062 Art. of hicorp. Animal Shelter 7 7 Legislative & Tex Health & NO Advisory Intergovernmental Safety Code Committee Affairs Committee § 823.005 ("LIAC") Recommendation and Council Resolution Central City 10 9 City Council + 1 Art. of Incorp. NO Local County Government Representative Corporation* Fort Worth 9 9 Council Resolution Tex. Local NO Crime Control Gov't Code and Prevention § 363.1015 (alt District* forms — 1-for-1 appointees, or 7 member Council - appointed board — Tex Local Gov't Code § 363.101, .1015) Fort Worth 13 5 (plus Non CFO members V.T.C.S. art. NO Employees' CFO) nominated by 6243i Pt 5 Retirement Mayor with by Fund resolution adopted by Council. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 20-10468 VE%, To the Mayor and Members of the City Council August 25, 2020 ' r Page 4 of 8 rrA SUBJECT: COMPOSITION, APPOINTMENT, AND SUBPOENA POWERS OF r$'BOARDS, COMMISSIONS AND ADVISORY BODIES Fort Worth Fire 3 3 Appt by CM; Tex. Local YES Fighters' and confirm by Council Gov't Code Tex. Local Police Officers' § 143.006 Gov't Code Civil Service § 143.009, Commission .010, .057 Fort Worth 5 5 By Mayor Tex. Local YES Housing Gov't Code Tex. Local Authority § 392.031 Gov't Code (Housing § 392.060 Solutions) Fort Worth 9 9 Resolution Art of Incorp NO Housing Finance Corporation* Fort Worth 9 9 Resolution Art of Incorp NO Local Development Corporation* (also control subsidiary Lancaster Corridor Redevelopment , LLC ) Fort Worth 7 7 Resolution Tex Local Gov't NO Sports Code 505.051 Authority* (also controls subsidiaries Fort Worth Cats, LLC and LaGrave Field, LLC) Lone Star Local 13 5 (plus City Council Art of Incorp NO Government CFO) Member + 1 County Corporation* Appointee. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 20-10468 VE%, To the Mayor and Members of the City Council August 25, 2020 r Page 5 of 8 rrA SUBJECT: COMPOSITION, APPOINTMENT, AND SUBPOENA POWERS OF r$'BOARDS, COMMISSIONS AND ADVISORY BODIES Tax Increment Generally Varies City Council Tex Tax Code NO Reinvestment 9 if Resolution § 311.009 Zone (TIF or created TIRZ) following Boards" petition Generally between 5 and 15 otherwise * All Councilmembers serve on board ** Some Councilmembers serve on board OUTSIDE BOARDS — Operating Beyond City Limits Name Total # of CFW Method of CFW Outside Subpoena Members Positions Appointment Restriction Power? Metropolitan Area 10 4 LIAC Interlocal NO EMS Authority (6 Voting) Recommendation Contract fka Area and Council Metropolitan Resolution. Ambulance Authority (Medstar) Community 15 3 City Council 42 USC §9901 et NO Action Partners Appointment seq. (CSBG law) Council DFW International 11 4 Council 1968 Contract NO Airport Resolution. and Agreement Mayor is a creating Airport required member Resolution 521 at Place 3. Fort Worth 11 8 City Council Tex. Transp. NO Transportation Resolution based Code 452.562 Authority (Trinity on nominations M&C G-6770 Metro) from Districts 1-8 Tarrant County 8 (7 voting) 2 Appt by Mayor Tex. H&S Code NO 911 Emergency with approval of § 772.206 Assistance District Council ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 20-10468 VE%, To the Mayor and Members of the City Council August 25, 2020 ' r Page 6 of 8 rrA SUBJECT: COMPOSITION, APPOINTMENT, AND SUBPOENA POWERS OF r$'BOARDS, COMMISSIONS AND ADVISORY BODIES CITY BOARDS — NINE MEMBERS — BY -DISTRICT APPOINTMENT Name Total Method of Subpoena Power? 6 Members CFW Appointment Aviation Advisory 9 By CC NO Board District Board of Adjustment — 9 By CC YES Alliance Airport District Tex. Local Gov't Code § 241.032 Board of Adjustment - 9 By CC YES Commercial District Tex. Local Gov't Code § 211.008 Board of Adjustment - 9 By CC YES Residential District Tex. Local Gov't Code § 211.008 Building Standards 9 By CC YES Commission District Tex. Local Gov't Code § 54.034; Section 7-100(e) of the City Code. Community 9 By CC NO Development Council District Historic and Cultural 9 By CC NO Landmarks Commission District Library Advisory Board 9 By CC NO District Park Advisory Board 9 By CC NO District Pedestrian and Bicycle 9 By CC NO Advisory Committee District Zoning Commission 9 By CC NO District Zoning Commission — 9 By CC NO Alliance Airport District ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 20-10468 VE%, To the Mayor and Members of the City Council August 25, 2020 ' r Page 7 of 8 rrA SUBJECT: COMPOSITION, APPOINTMENT, AND SUBPOENA POWERS OF r$'BOARDS, COMMISSIONS AND ADVISORY BODIES CITY BOARDS — NOT BY -DISTRICT APPOINTMENT Name Total Method of CFW Subpoena Members Appointment Power? Fort Worth Art Commission 9 LIAC Recommendation NO and Council Resolution Capital Improvements Advisory 11 Council Resolution NO Committee for Transportation (min. of 5) Tex. Local Gov't Code Impact Fees § 395.058 Note: Dual membership with City Plan Commission. Capital Improvements Advisory 7 LIAC Recommendation NO Committee (min. of 5) and Council Resolution Tex. Local Gov't Code § 395.058 City Plan Commission 9 w/ 2 Places 1-9 Recommended NO alternates for Appointment by CC District; alternates appointed through recommendation of LIAC Construction and Fire Prevention 9 w/ 2 Appointed by the City NO Board of Appeals alternates Manager through the Development Services Department w/ Council consent Downtown Design Review 7 w/ 1 LIAC Recommendation NO Board alternate and Council Resolution Ethics Review Commission 5 Attorney Appointed by YES Council. Section 2-255 of Other four selected from the City Code Zoning Commission, Plan (appeal to City Commission and Boards Council) of Adjustment on an as needed basis. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 20-10468 pRTE$ To the Mayor and Members of the City Council August 25, 2020 Page 8of8 " r VA SUBJECT: COMPOSITION, APPOINTMENT, AND SUBPOENA POWERS OF r$'3 BOARDS, COMMISSIONS AND ADVISORY BODIES Human Relations Commission 11 LIAC Recommendation and Council Resolution YES Section 17-92 of the City Code Minority and Women's Business 18 Council Resolution NO Enterprise Advisory Committee Urban Design Commission 9 Regular Places 1-9 Recommended NO members for Appointment by CC and 2 at District; alternates large appointed through members recommendation of LIAC ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS