HomeMy WebLinkAboutOrdinance 26353-08-2023ORDINANCE NO. 26353-08-2023
AN ORDINANCE AMENDING ARTICLE III, "BOARDS AND
COMMISSIONS," OF CHAPTER 2, "ADMINISTRATION," OF THE CODE
OF THE CITY OF FORT WORTH, TEXAS (2015), AS AMENDED, TO
INVEST THE CITY SECRETARY'S OFFICE WITH CERTAIN POWERS
AND OBLIGATIONS REGARDING RULES, RECORDKEEPING,
REPORTING, AND TRAINING FOR CITY BOARDS AND
COMMISSIONS; ADDING A NEW DIVISION 3 TO ENCOMPASS THE
ENACTING PROVISIONS FOR IDENTIFIED BOARDS AND
COMMISSIONS, WHICH ARE NOMINATED ON A BY-DISTRICT BASIS,
AND TO PROVIDE FOR EACH SUCH BOARD AND COMMISSION TO
HA VE ELEVEN MEMBERS TO CORRESPOND WITH THE NUMBER OF
COUNCILMEMBERS; REDESIGNATING THE EXISTING DIVISION 3 AS
DIVISION 4; PROVIDING A PROCESS AND CRITERIA REGARDING
POSSIBLE DISCIPLINE OF MEMBERS OF BY-DISTRICT BOARDS AND
COMMISSIONS; AND MAKING CONFORMING CHANGES TO
IDENTIFIED PORTIONS OF THE CITY CODE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES
AND REPEAL CONFLICTING ORDINANCES; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A SA VIN GS CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a number of boards and commissions have been established to advise the
Fort Worth City Council or perform other designated functions; and
WHEREAS, several boards and commissions have members who are nominated and
appointed on the basis of City Council district; and
WHEREAS, as a result of the 2016 City Charter election , the number of City Council
Districts increased from eight to ten , with such increase becoming effective with the canvassing
of the May 2023 general election for Mayor and City Councilmembers ; and
WHEREAS, it is advisable to amend the Fort Worth Code of Ordinances to increase the
number of members of each board and commission that is constituted on a by-district basis from
nine to eleven; and
WHEREAS, in the course of reviewing the City Code to make these changes , staff
identified other potential revisions that it believes would improve the process for nominating and
Ordinance No . 26353 -08-2023
Page 1 of 14
appointing board and commission members and to enhance the training and resources for both
board/commission members and board/commission departmental staff liaisons; and
WHEREAS, requests were made to have a mechanism for the City Council to discipline
a board or commission member for certain specified performance or similar issues in the event
the City Councilmember who nominated the individual declines to address such issues, and staff
has proposed such a mechanism; and
WHEREAS , the City Council finds this Ordinance to be reasonable and necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, THAT:
SECTION 1.
Chapter 2 "Administration," Article III "Boards and Commissions," of the Code of the
City of Fort Worth is hereby amended to add a new Section 2-46 , establishing the role of the
City Secretary's Office in the board and commission process , with such provision to be and read
as follows:
§ 2-46 ROLE OF THE CITY SECRETARY'S OFFICE
(a) The City Secretary's Office is charged with being a centralized resource for boards
and commissions. In addition to other specific duties outlined below, the City
Secretary's Office shall serve as a neutral resource to liaise among each board and
commission, its departmental staff liaison, and the city council and to facilitate
communication and cooperation among them.
(b) Training The City Secretary's Office shall, in conjunction with the City Attorney's
Office, coordinate initial and follow-up training for all board and commission members,
presiding officers, and departmental staff liaisons. Each board and commission member
should complete their initial training within 90 days of taking office. Training shall
include, but not be limited to, the application of the Texas Open Meetings Act, Robert's
Rules of Order, the Public Information Act, state and local ethics requirements, and other
pertinent laws such as this Article.
(c) Attendance The City Secretary's Office shall coordinate attendance records and
make reports in accordance with Section 2-81.
(d) Rules ofDecorum Each board and commission is required to incorporate the model
rules of decorum into the board /commission's rules of procedure; if a board or
commission does not have rules of procedure, the board or commission is required to
adopt and follow the rules of decorum as a freestanding policy.
Ordinance No . 26353-08-2023
Page 2 of 14
SECTION 2.
Chapter 2 "Administration," Article III "Boards and Commissions," of the Code of the City of
Fort Worth is hereby amended to add a new Section 2-47 , articu lating the process for making
appointments to by-district board and commissions, with such provision to be and read as
fo ll ows:
§ 2-47 APPOINTMENT PROCESS FOR BOARDS AND COMMISSIONS
THAT ARE STRUCTURED UTILIZING BY-DISTRICT
REPRESENTATION
(a) This section shall apply to the following boards and commissions, which are
composed of one representative from each city council district and one
representative nominated by the mayor:
(1) the Aviation Advisory Board;
(2) the Board of Adjustment;
(3) the Building Standards Commission;
(4) the Community Development Council;
(5) the Historic and Cultural Landmarks Commission;
(6) the Library Adv isory Board;
(7) the Park and Recreation Advisory Board;
(8) the Plan Commission;
(9) the Pedestrian and Bicycle Advisory Commission;
(10) the Urban Design Commission; and
(11) the Zoning Commission.
(b) The city councilmember representing a district is entitled to nominate a city
resident to each such board or commission with preference given to those residing
in the appointing councilmember's district. The mayor is entitled to nominate a
resident of the city to each such board or commission. Nominations should be
made known at a work session at least one week prior to the business meeting at
which the council member or mayor intends to seek action on their nomination.
(c) Sub ject to subsection (b), action on board/commission nominations sha ll be
taken by the entire city council follow in g a motion and second being offered.
(d) If any board or commission that is subject to this sect ion has a lternate
members, nominations for such alternate members shall be brought forward by
the mayor based on recommendations from city staff. Nominations for alternate
members should be made known at a work session at least one week prior to the
business meeting at which action is intended to be taken on the nomination.
Ordinance No. 26353-08-2023
Page 3 of14
SECTION 3.
Chapter 2 "Administration," Article III "Boards and Commissions," of the Code of the City of
Fort Worth is hereby amended to add a new Division 3 , "Composition and Role of By-District
Boards and Commi s sions," to consist of the enacting provision s for City boards and
commissions that are appointed on a by-district basis , with such division to be and read as
follows:
DIVISION 3: COMPOSITION AND ROLE OF BY-DISTRICT BOARDS AND
COMMISSIONS
§ 2-62 AVIATION ADVISORY BOARD-CREATED; COMPOSITION;
APPOINTMENT; COMPENSATION.
The city council shall appoint an aviation advisory board to be comprised of residents to
act in an advisory capacity in conjunction with the aviation department, with the board
having powers and functions as described in Chapter 3 of the City Code. The board shall
consist of eleven members who shall serve in places numbered one through eleven.
Members of the board serve without compensation.
§ 2-63 BOARD OF ADJUSTMENT
The board of adjustment is established and governed in accordance with § 2.101 of the
Zoning Ordinance.
§ 2-64 BUILDING STANDARDS COMMISSION.
(a) There is hereby established a building standards commission.
(b) The commission shall consist of eleven members, each of whom shall be a resident
of the city. Each member of the commission shall be appointed by the city council. It is
the declared policy of the city that the city council shall consider for appointment to the
commission only those persons who have demonstrated their civic interest, general
knowledge of the community, independent and intelligent judgment, understanding of
building standards, understanding of neighborhood integrity and availability to prepare
for and attend meetings, and who by reason of diversity of their occupations. constitute a
commission which is broadly representative of the community.
(c) The building standards commission shall have powers and functions as described in
Chapter 7 of the City Code.
(d) The members of the commission shall be identified by place numbers one through
eleven.
Ordinance o . 26353-08-202 3
Pag e 4 of 14
(e) Except as provided in subsection (f) below, members of the commission shall be
appointed for a two-year term, unless removed prior to the expiration of the term.
Members of the commission shall be subject to removal at any time by the city council.
(f) Members of the commission in the odd-numbered places shall serve terms expiring
September 30 of odd-numbered years. Members of the commission in the even-numbered
places shall serve terms expiring September 30 of the even-numbered years.
(g) Any vacancy in the membership of the commission shall be filled by the city council
for the unexpired term of the member whose place has, by removal or otherwise, become
vacant. Vacancies shall be filled within 60 days after the city council removes the
member or within 60 days after the city council receives notice of the member's
resignation.
(h) In addition to the eleven members of the commission, the city's code compliance
director, shall be an ex officio, non-voting member of the commission.
(l) An ex officio member will attend each commission meeting in person or
through an authorized representative.
(2) Ex officio members will advise and consent with the commission in matters
pertaining to enforcement of this article.
(i) The building standards commission shall follow all established procedures and
standards on their effective date.
§ 2-65 COMMUNITY DEVELOPMENT COUNCIL.
(a) A residents' advisory board to be known as the community development council is
hereby established for the purposes of advising the city council on setting priorities for
projects funded through the following federal grant programs:
(1) Community Development Block Grant program.
(2) Emergency Solutions Grant program.
(3) Housing Opportunities for Persons with AIDS Grant program.
(4) HOME Investment Partnerships Program.
(b) The community development council shall also assist in ensuring compliance with
all requirements imposed by the United States government regarding the above listed
grant programs.
(c) Subject to the provisions of Chapter 2 "Administration," Article III "Boards and
Commissions," Division 4 of the Code of the City of Fort Worth, Texas (2015), as
amended, the Community Development Council shall be comprised of eleven
membership places.
Ordinance No. 26353-08-2023
Page 5 of 14
(d) The mayor and other members of the city council shall each nominate one resident
of the City of Fort Worth to serve in each place. Members appointed to odd-numbered
places shall have terms which expire in odd-numbered years, and members appointed to
even-numbered places shall have terms which expire in even-numbered years.
(e) Members shall serve two-year terms, and no member shall serve more than three
consecutive two-year terms.
(f) Members shall serve without compensation and may be removed at any time by the
City Council.
(g) The Community Development Council shall have powers and functions as described
in Division 5 of this Article.
§ 2-66 HISTORIC AND CULTURAL LANDMARKS COMMISSION
The historic and cultural landmark commission is established and governed in accordance
with§ 2-103 of the Zoning Ordinance.
§ 2-67 LIBRARY ADVISORY BOARD
(a) Appointment,· members. The city council shall appoint an advisory board to act in an
advisory capacity to the city council and the city manager in conjunction with the library
department. The board shall be composed of eleven residents, who shall each be
appointed to places one through eleven. Members shall be appointed for two-year terms.
No member shall serve more than three consecutive terms. Members shall serve without
compensation and shall be subject to removal at any time by the city council.
(b) Powers and Duties. The library advisory board shall have powers and functions as
described in Chapter 19 of the City Code.
§ 2-68 PARK AND RECREATION ADVISORY BOARD
(a) The city council shall appoint a park and recreation board to be comprised of
residents to act in an advisory capacity in conjunction with the park and recreation
department. The board shall consist of eleven members, who shall serve in places
numbered one through eleven. Members shall serve two-year terms. No member shall
serve more than three consecutive two-year terms, and the terms of current members of
the board shall be counted toward the limit of terms to be served for purposes of this
section.
(b) The park and recreation advisory board shall have powers and functions as described
in Chapter 24 of the City Code.
§ 2-69 PEDESTRIAN AND BICYCLE ADVISORY COMMISSION
(a) The Pedestrian and Bicycle Advisory Commission shall consist of eleven residents of
the City of Fort Worth appointed by the City Council.
Ordinance o . 26353-08-2023
Page 6 of 14
(b) The purpose of the Commission shall be to provide recommendations to the City
Manager_ City Plan Commission, and the City Council on pedestrian and bicycle plans,
policies, programs, and projects to improve the environment for non-motorized travelers,
including, but not limited to, the following:
(1) Guide the preparation and updates of pedestrian, bicycle, and trail plans.
(2) Recommend policies and programs for the safe travel of all non-motorized
traffic.
(3) Review and comment on the City' s annual operating budget and capital
improvement program for pedestrian and bicycle improvements.
(4) Guide the design, location, and type of pedestrian and bicycle facilities in
significant on-street and off-street programs.
(5) Encourage resident participation in identifying problems, assessing existing
facilities, and planning for future facilities.
(6) Assist in updating the Walk Fort Worth and Bike Fort Worth Plans every five
years.
(c) Commission members shall serve two-year terms. Members appointed in odd-
numbered places will serve terms that expire October 1 of odd-numbered years.
Members appointed to even-numbered places will serve terms that expire on October l of
even-numbered years
(d) The Commission shall meet at least quarterly in a calendar year.
(e) A quorum of the Commission shall consist of 6 members. The presence of a quorum
of the Commission shall be required prior to deliberation or action by the Commission.
Approval of all items before the Commission shall require a majority vote of those
appointed.
(f) The Commission shall establish procedures, as necessary and appropriate, for the
conduct of its business and for receiving of public comment on pedestrian and bicycle
issues.
(g) The Commission shall report annually to the City Council on the activities of the
Commission. The Commission shall include in its annual report the status of projects,
initiatives and goals established by the Commission and by City Council.
§ 2-70 PLAN COMMISSION
Ordinance No. 26353-08-2023
Page 7 of 14
(a) The city plan comm1ss1on is created to assist Fort Worth in becoming and
maintaining the stature as the most livable city in Texas. The mission is to serve the
public and advise the city in the orderly growth and development of the community. This
mission is accomplished through the formulation and maintenance of a comprehensive
plan and its appendices, recommendations of proposals for annexations, the processing of
plats, plans and other tasks as defined by city council and applicable law.
(b) Incorporated within the duties of the plan commission are the responsibilities for the
following:
(1) Study and recommend on all proposals for voluntary annexation or limited
purpose annexation that are inconsistent with the comprehensive plan;
(2) Exercise all the powers of a commission as to the approval or disapproval of
plans, plats or replats and vacations of plans, plats or replats as set out in Tex.
Local Government Code Chapter 212;
(3) Keep informed with reference to the progress of city planning in Fort Worth
and other cities and counties and recommend improvements to the adopted plans
of the city; and
(4) Study and recommend on the planning, design, location, vacation, closing or
termination of public rights-of-way, bridges, public buildings, parks and other
capital improvement projects, considering the design of streets and blocks that
promote viable, safe and sustainable neighborhoods with regard for traffic control
and safety, convenient access, and traffic and pedestrian circulation and internal
sub-neighborhood area connection and circulation both within the subdivision and
between adjacent subdivisions, without the need for utilizing the perimeter arterial
streets system for such purpose.
(c) The city plan commission shall be composed of residents of the city. The city
council shall consider for appointment to the commission only those persons who have
demonstrated their civic interest; general knowledge of the community; independent
judgment; understanding of zoning and planning; availability to prepare for and attend
meetings; and who, by reason of diversity of their occupations, constitute a commission
which is broadly representative of the community.
(d) The city council shall appoint the city plan commission, which shall consist of
eleven members, who shall serve in places numbered one through eleven, and five
alternate members to serve in the absence of one or more regular members. Preference
will be given, where feasible, to prior plan commission members as appointees to serve
as alternate members to the commission. After the expiration of the initial members'
terms, members shall serve two-year terms. No regular member shall serve more than
three consecutive two-year terms and the terms of current members of the commission
shall be counted toward the limit of terms to be served, for purposes of this section. At
the expiration of three consecutive two-year terms of service as a regular member, the
Ordinance No. 26353-08-2023
Page 8 ofl4
memb er may be appointed to serve as an alternate member at the di scre tion of the city
council.
§ 2-71 URBAN DESIGN COMMISSION
The U rban Design Commission is established and governed in accordance with § 2.102
of the Zoning Ordinance.
§ 2-72 ZONING COMMISSION
The zoning commission is established and governed in accordance with § 2.100 of the
Zoning Ordinance.
2-73-2-79 RESERVED.
SECTION 4.
Chapter 2 "Admini stration ," Article III "Boards and Commissions," of the Code of the City of
Fort Worth is hereby amended to renumber Divi sio n 3, "Rules and Procedures for Certain
Boards," as Divisi o n 4.
SECTION 5.
Chapter 2 "Admini stration ," Article III "Boards and Commissions," of the Code of the City of
Fort Worth is hereby amended to renumber Section 2-81 , "Sunset Provi s io ns," as Section 2-80.
SECTION 6.
Chapter 2 "Administration," Article III "Boards and Commissions," of the Code of the City of
Fo rt Worth is hereby amended to renumber Section 2-82, "Absence Rule ," as Section 2-81 and
to make certain revisions to the text thereof so that such provision shall hereafter read as follows:
~ § 2-81 ABSENCE RULE.
(a) D efinition. As used in this section , the term CITY BOARD shall mean any board ,
commission , committee or other body of the city whose members the city council has th e
power to remove .
(b) R epo rts to city secre tary. When a member of any city board , as defined in subsection
(a) of this section~ is absent from three successive meetings of such board , or misses 25% or
more of the meetings of such board in a 12-month period , the chairperson, vice-chairperson
or secretary of such board shall rep ort this fact to the city sec retary in writing, within ten
days of the third mi ssed meeting .
Ordinance No. 26353 -08-2023
Page 9 of 14
(c) Attendance and records thereof
(1) Members of each city board, as defined in subsection (a) of this section, are
generally expected to attend all regularly scheduled and special called meetings. If a
member of a city board is unable to attend a meeting, that member is expected to
advise the departmental staff liaison in advance whenever possible and to provide an
explanation for any absence for which advance notice was not provided . If a
member does not attend a meeting and fails to provide either advance notice or an
after-the-fact explanation, such absence shall be deemed an unexcused absence.
(2) The City Secretary's Office shall develop and promulgate standardized
attendance forms for use by each city board, as defined in subsection (a) of this
section.
(3) The departmental staff liaison assigned to each city board, as defined in
subsection (a) of this section, is responsible for making a written record of
attendance at each regular and special meeting of the city board, utilizing the form
provided by the City Secretary 's Office .
( 4) Completed attendance documentation for each meeting of a city board, as
defined in subsection (a) of this section, must be submitted to the City Secretary's
Office within 24 business hours of when the meeting is held.
(c) Report to city council; removal of board members. At the neJct city council meeting
after a report under subsection (b) of this section is received , the city secretary shat I report
such information to the city council , in writing . The city secretary shall notify each affected
board member in writing, that a report of absences has been made to the city council. If the
city secretary receives another report as specified in subsection (b) of this section , the city
secretary shall make another report to the city council, and shall notify the affected board
member, in writing, that he or she has been removed from the board . That member's place
shall be declared vacant automatically and shall be included in the next regular listing of
board vacancies. At least monthly, the City Secretary's Office shall submit to the City
Council a summarized written attendance report for all city boards, as defined in subsection
(a) of this section, with a preference for such reports to be included on a work session
agenda to allow for City Council discussion. The City Secretary 's Office shall also directly
contact the nominating councilperson to apprise them of any recurring attendance issues
observed with their appointees. Removal of a city board member for attendance issues is at
the discretion of the member for the district from which the city board member was
appointed .
SECTION 7.
Chapter 2 "Administration," Article III "Boards and Commissions ," of the Code of the City of
Fort Worth is hereby amended to revise Section 2-83 , "Numbers of Members and Terms of
Service; Establishment of Places," to amend subsection (a) to be and read as follows :
Ordinance No. 26 3 53-08-2023
Page 10 of 14
(a) Unless otherwise provided by state law, City Charter or city council 1exception, all
city boards shall be composed of f½-ffie eleven members. Board members shall serve for
terms of two years. No member shall serve more than three consecutive terms. Each such
board shall have fHf½e eleven places , and all appointments shall be made for two-year
terms , as follows:
(1) Odd-Numbered Places 1, 3, 5, 7 and 9. Terms expire October 1, each odd-
numbered year; and
(2) Even-Numbered Places 2, 4, 6 a,~d 8. Terms expire October I, each even-
numbered year.
All other provisions of Section 2-83 of the Code of the City of Fort Worth, as amended , shall
remain in full force and effect, save and except as amended above.
SECTION 8.
Chapter 2 "Administration ," Article III "Boards and Commissions ," of the Code of the City of
Fort Worth is hereby amended to repeal Sections 2-84 "Community Development Council
Created; Purpose" and 2-85 , "Composition and Terms " to reflect that such language has been
moved to the new Division 3 of Chapter 2, Article III and to enact a new Section 2-85,
"Community Development Council" to be and read as follows:
§ 2-85 Community Development Council
The Community Development Council shall have such members and purposes as defined
in Chapter 2, Article III, Division 3 of the City Code.
SECTION 9.
Chapter 3 "Airports and Aircraft," Article II "Aviation Advisory Board," of the Code of the City
of Fort Worth is hereby amended to repeal Sections 3-20 "Av iation Advisory Board -Created;
Compositions; Appointment; Compensation" to reflect that such language has been moved to the
new Division 3 of Chapter 2 , Article III and to enact a new Section 3-20, "Aviation Advisory
Board" to be and read as follows:
§ 3-20 Aviation Advisory Board
The Aviation Advisory Board shall have such members and purposes as defined m
Chapter 2, Article III, Division 3 of the City Code.
Ordinance No. 26353-08-2023
Page 11 of 14
SECTION 10.
Chapter 7, "Buildings," Division 2, "Administration ," of the Code of the City of Fort Worth is
hereby amended to repeal Sections 7-77 "Building Standards Commission" to reflect that such
language has been moved to the new Division 3 of Chapter 2, Article III and to enact a new
Section 7-77 , "Building Standards Commission" to be and read as follows:
§ 7-77 Building Standards Commission
The Building Standards Commission shall have s uch members and purpo ses as defined in
Chapter 2, Article III , Division 3 of the City Code.
SECTION 11.
Chapter 19 , "L ibraries ," Article II , "Department of Public Libraries ," of the Code of the City of
Fort Worth is hereby amended to revise subsection (a) of Section 19-22 "Advisory Board" to
reflect that the enacting lan guage for the Library Advisory Board has been moved to the new
Divi s ion 3 of Chapter 2, Article III , with such subsection (a) to be and read as follows:
(a) Appointment; me mb ers . The city council shall appoint an advisory board to act in an
advisory capacity to the city council and the city manager in conjunction with the library
department. The board shall be composed of nine citizens , 1,vho shall each be appointed to
places one through nine . Members shall be appointed for t\.vo year terms. No memb er
shall serve more than three consecutive terms. Members shall serve without
compensation and shall be subject to removal at any time by the city council. The
Library Advisory Board shall have such members and be appointed as outlined in
Chapter 2, Article III, Division 3 of the City Code.
All other provisions of Section 19-22 of the Code of the City of Fort Worth , as amended, shall
remain in full force and effect, save and except as amended above.
SECTION 12.
Chapter 24 , "Park and Recreation ," Article II , "Department," of the Code of the City of Fort
Worth is hereby amended to repeal Sections 24-42 "Park and Recreation Advisory Board -
Appointment; Members" to refl ect that such language has been moved to the new Division 3 of
Chapter 2 , Article III and to enact a new Section 24-42 , "Park and Recreation Advisory Board"
to be and read as follows:
§ 24-42 Park and Recreation Advisory Board
The Park and Recreation Advisory Board shall have such members and purposes as
defined in Chapter 2, Article III, Division 3 of the City Code.
Ordinance No. 2 6353 -08-202 3
Page 12 of 14
SECTION 13.
Chapter 31 , "Subdivision Ordinance," Article I, "Plan Commission ," of the Code of the City of
Fort Worth is hereby amended to repeal Sections 31-2 , "Establishment and Purpose" and 31-3 ,
"Appointment" to reflect that such language has been moved to the new Division 3 of Chapter 2 ,
Article III and to enact a new Section 31-2, "Plan Commission" to be and read as follows:
§ 31-2 Plan Commission
The Plan Commission shall have such members and purposes as defined in Chapter 2,
Article III, Division 3 of the City Code.
SECTION 14.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
Fort Worth , Texas, (2015), as amended , except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in which event conflicting provisions
of such ordinances and such Code are hereby repealed.
SECTION 15.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences , paragraphs and sections of this ordinance are severable, and , if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses , sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this ordinance
of any such unconstitutional phrase, clause, sentence, paragraph or section.
Ordinance No . 26353-08-2023
Page 13 of 14
SECTION 16.
All rights and remedies of the City of Fort Worth , Texas , are expressly saved as to any
and all violations of the provisions of the Code of the City of Fort Worth , or any other
ordinances of the City, that have accrued at the time of the effective date of this ordinance ; and ,
as to such accrued violations and all pending litigation , both civil and criminal, whether pending
in court or not, under such ordinances , same shall not be affected by this ordinance , but may be
prosecuted until final disposition by the courts.
SECTION 17.
All other provisions of the Code of the City of Fort Worth , as amended , shall remain in
full force and effect, save and except as amended by thi s ordinance.
SECTION 18.
This ordinance shall take effect upon adoption , and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
ADOPTED AND EFFECTIVE: August 8, 2023
Ordinance N o. 26353-08-2023
Page 14 of 14
ATTEST:
Jannette S. Goodall , City Secretary
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/08/23 M&C FILE NUMBER: M&C 23-0617
LOG NAME: 12EXPAND BYDISTRICT BO AND COMMN
SUBJECT
(ALL DISTRICTS) Adopt Ord inan ce to Amend the Code of the City of Fort Worth , Chapter 2 , Article Ill , "Boards and Commissions ," Division 1 to
Invest the City Secretary's Office with Certain Powers and Obligations Regarding Rules , Record keeping , Reporting , and Training for City Boards
and Commissions ; Adding a New Division 3 to Encompass the Enacting Provisions for Identified Boards and Commissions , which are Nominated
on a By-District Basis , and to Provide for Each Such Board and Commission to Have Eleven Members to Correspond with the Number of
Councilmembers ; Redesignating the Existing Division 3 as Division 4 ; Providing a Process and Criteria Regarding Possible Discipline of
Members of By-District Boards and Commissions ; and Making Conforming Changes to Identified Portions of the City Code
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance, amending Chapter 2 , Article Ill , "Boards and Commissions ," of the Code of
the City of Fort Worth to:
1. Provide the City Secretary's Office with the power and obligation to promulgate rules of decorum and standardized attendance forms, to
ensure board and commission members take certain training, and to report information to the City Council;
2. Add a new Division 3, "Composition and Role of By-District Boards and Commissions," to Article Ill so that enacting provisions for identified
boards and commissions, which are nominated on a by-district basis, may generally all be found in the same portion of the City Code and to
provide for each such board and commission to have eleven members to correspond with the number of Councilmembers;
3. Provide a process and criteria regarding possible discipline of members of by-district boards and commissions; and
4. Redesignating the current division 3 as Division 4 of Article Ill; and
5 . Making conforming changes to the various City Code provisions regarding the boards and commissions in the new division 3 to reflect the
relocation of the enacting provisions for those bodies.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to make changes to the City Code provisions regarding by-district boards and
commissions .
Increasing the Number of Board/Commission Members for By-District Bodies
In 2016 , voters in the City of Fort Worth approved an amendment to the City Charter to increase the number of City Council Districts to eleven (11)
at the first regular City Council election following the 2020 census. The new distri ct structure took effect with the canvassing of the May 2023
election .
Staff recommends increasing the number of appointees from 9 to 11 on the boards that are currently nominated on a by-district basis so that each
member of the City Council continues to be represented.
The by-district boards and commissions whose membership would be expanded consist of:
Aviation Advisory Board Boards of Adjustment
Building Standards Commission Community Development Council
Historic and Cultural Landmarks Library Advisory Board
Commission
Park and Recreation Advisory Board Pedestrian and Bicycle Advisory Commission
Plan Commission Urban Design Commission
Zoning Commission
To mitigate concerns about the boards and commissions making quorum while also allowing time for the zoning ordinance changes to go through
their process and for the additional positions to be filled and trained , it was recommended that the change in number be delayed until after the
summer break .
Charging City Secretary with Duties Regarding Boards and Commissions
The City Secretary's Office (CSO) has traditionally tracked the rosters of the various boards and commissions and apprised departments and the
City Council regard ing vacancies . But the day-to-day management of board and commission matters has been left to individual departments.
As a result , the quality of the staffing for each board/commission has varied depending on the skills and knowledge of individual department
staffers and the quality of resources and training provided to those staffers by their predecessors . In an effort to aid departmental board liaisons ,
the attached ordinance charges the City Secretary's Office with a greater role in preparing and promulgating board/commission and liaison
resources and training , coordinating records , and serving as a resource .
Specifically the attached ordinance:
• designates the CSO to serve a centralized resource for both the members of boards and commissions and for the departmental liaisons
who staff each board/commission, acting as a neutral intermediary and resource to facilitate communication and cooperation
• tasks CSO, in conjunction with the City Attorney's Office, with developing initial and follow up training for new board and commission
members and for liaisons
• charges the CSO with developing and promulgating standardized attendance forms for use by all boards and commission
• requires department liaisons return the completed attendance forms to the CSO within 24 business hours after the start date and time
of each meeting
• directs the CSO to develop model rules of decorum to ensure efficient conduct of city business at each public meeting as well as basic
civility
• requires each board and commission to adopt and follow the rules of decorum
Providing Disciplinary Process
Requests were made to provide fo r a mechanism fo r the City Council to remove or otherwise discipline members of boards or commissions who
behave in a manner that undermines the board or commission's ability to function and similar situations if nominating/appointing City Council
member has declined to act.
The proposed ordinance notes that the by-district structure serves the important purpose of ensuring all parts of the City are represented; that such
appointments should not be disturbed "except in the most extreme circumstances"; and that the preference is "always ... for the councilmember
who nominated ... the board or commission member to address any concerns ... directly with their appointee."
With those precepts in mind , the ordinance does not provide for any mandatory discipline . Instead it provides a framework for ways in which the
Council may discipline board or commission members . The determination on whether or not to seek to impose discipline always remains vested
with the City Council.
Under the attached draft, the criteria that would merit discipline consist of
• violation of the rules of decorum;
• acting outside of board/commission's scope;
• filing a claim or lawsuit against the City; and
• having an unresolved conflict of interest related to the function of the board or commission on which the member is serving.
The following chart summarizes the types of discipline available and the number of City Council votes that would be required to impose such
discipline :
Possible Discipline
Additional Training
Informal Warning
Formal Written Reprimand
Removal
Number of Votes
Required
Six
Seven
Seven
Eight
As far as process , the attached ordinance would generally require that an action to propose discipline be sponsored by at least one-third of all
Council members and that potential discipline be discussed at a work session prior to the item being listed for action on a business meeting
agenda .
The ordinance provides an exception for an emergency or an egreg ious situation that allows City Council to vote at a business meeting without a
work session presentation if the City Council, by majority vote , first adopts a finding of egregiousness or emergency. This exception does not
impact the number of affirmative votes that are required for each discipline type.
Making Conforming Changes
The attached ordinance also makes revisions within Chapter 2 , Article Ill to update terminology and make it more consistent and enacts changes
elsewhere in the City Code to correspond to the revisions made in Chapter 2 .
The conforming changes included in the attached ordinance consist of:
• Within enacting provisions for each board, change wording as needed so that all bodies are to be composed of "residents" of the City.
• In the City Code provisions that currently establish the bodies that will be established by the new Division Ill,
0 make changes to remove or revise language to indicate where enacting provisions will now be found;
0 update references to the number of board/commission members; and
0 revise number of members who (i) constitute a quorum and (ii) must vote in favor to effect a proposed action.
A Form 1295 is not required because : This M&C does not request approval of a contract with a business entity .
FISCAL INFORMATION/ CERTIFICATION:
The Director of Finance certifies that approval of the recommendation will have no material effect on City funds.
Submitted for City Manager's Office by: ALL ACMs 6122
Originating Business Unit Head: Leann Guzman 8973
Additional Information Contact: Leann Guzman 8973
Jannette Goodall 6161
Expedited