commissioners court

Rules of Procedure, Conduct and Decorum at Meetings of the County Commissioners Court

January 8, 2018 by admin

All Regular, Special, Emergency and Executive Session Meetings of the __________ County Commissioners Court will be called and conducted in accordance with the provisions of the Texas Open Meetings Act, Chapter 551, Government Code.

Regular, Special and Emergency Meetings of the _________ County Commissioners Court are open to the public and to representatives of the press and media. Executive Sessions of the Commissioners Court are not open to the public, the press or the media and only those individuals expressly requested or ordered to be present are allowed to attend Executive Sessions.

The ______________ County Commissioners Court meets in Regular Session on the second and fourth Mondays of each month. In order for a matter or issue to appear as an agenda item on the Agenda of any Regular Meeting of the Commissioners Court, a request must be filed with and approved by at least one member of the Commissioners Court and/or the County Judge by 12:00 p.m. (noon) on the Wednesday immediately preceding the next Regular Meeting of the Commissioners Court.

The business of __________ County is conducted by and between the members of the ___________ County Commissioners Court and by those members of the county staff, elected officials, department heads, consultants, experts and/or members of the public requested to be present and participate. While the public is invited to attend all meetings of the Commissioners Court (except Executive Sessions) the public’s participation therein is limited to that of observees unless a member (or members) of the public is requested to address the Commissioners Court on a particular issue (or issues) or unless the member (or members) of the public completes a Public Participation Form and submits same to the county clerk prior to the time the agenda item (or items) is addressed by the Court. A sample of the _______________ County Commissioners Court Public Participation Form is attached hereto as Exhibit “A.”

Each member of the public who appears before the Commissioners Court shall be limited to a maximum of five (5) minutes to make his/her remarks. Time for each speaker shall be maintained by the County Clerk or such other designated representative of the Commissioners Court.

Maximum discussion on any agenda item, regardless of the number of members of the public wishing to address the Commissioners Court on such agenda item (or items) shall be limited to thirty (30) minutes. In the event that more than six (6) members of the public wish to address a particular agenda item (or items), then only the first six (6) members of the public recognized to speak shall be divided equally between those members of the public wishing to speak for the agenda item (or items) and those members of the public wishing to speak against the agenda item (or items).

In matters of exceptional interest, the Court may, by the majority vote of the members of the Court in attendance at the meeting, either shorten or lengthen the time allocated for a particular member of the public, all members of the public and/or the amount of time allocated for all agenda items and/or a specific agenda item.

It is the intention of the Court to provide an open access to the citizens of __________ County to address the Commissioners Court and to express themselves on issues of county government. Members of the public are reminded that the ________________ County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the ______________ County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, all members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Proper attire for men, women and children is mandatory. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court’s order and/or continued disruption of the meeting may result in a Contempt of Court Citation.

It is not the intention of the ________________ County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court’s presence and/or racial, ethnic, or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions:

cancellation of a speaker’s remaining time;
removal from the Commissioners Courtroom;
a Contempt Citation; and/or
such other civil and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas.

The County Judge is the presiding officer of the _____________ County Commissioners Court and is a fully participating member thereof. In the event of the absence of the County Judge, the senior member of the Commissioners Court (in terms of total number of years as an elected representative) present at the Regular, Special, Emergency meeting or Executive Session, shall serve as the Judge Pro-Tem of the Court. However, nothing herein shall prevent the senior member of this Commissioners Court from delegating this duty to another member of the Commissioners Court.

The County Judge (or the designated Judge Pro-Tem of the Commissioners Court), as presiding officer of the Commissioners Court, is responsible for conducting all meetings and members of the public who have properly completed a Public Participation Form and submitted same to the County Clerk must wait to be recognized before they will be allowed to address the Court.

Special rules for the press and media:

No media personnel or equipment, including lights, cameras or microphones will be located on the Commissioners Court bench nor closer than five (5′) feet in front of the Commissioners Court bench.

Reporters and media technicians are required to structure their movements, equipment setup and take-down and adjustments, etc., in such a manner as to not disrupt the Commissioners Court deliberations or the ability of the public to see, hear, and participate in the proceedings.

Interview shall not be conducted inside the Commissioners Courtroom during the time the Court is in session.

Media interviews which are conducted outside the Commissioners Courtroom should be conducted in such a manner that the interview does not disturb, impede or disrupt the proceedings of any regular, special, or emergency and/or executive session of the court.

The Sheriff of ______________ County, Texas, or his designated deputy, shall serve as the bailiff at all regular, special, and emergency meetings of the Court. However, in the event of the absence of the sheriff, or in the event that there exists a conflict of interest between the sheriff, any member of the sheriff’s department, and the Commissioners Court, or in the event of an Executive session of the Court in which the Sheriff is not an authorized participant, then in such event, the Court shall appoint such other commissioned peace officers to serve as bailiff as may be necessary.
From time to time, the Commissioners Court shall conduct town meetings and public hearings. These rules of procedure, conduct and decorum shall also apply to such town meetings and public hearings; however, the Commissioners Court may adopt such additional and supplemental rules for such meetings as may be necessary and appropriate to conduct such meetings in an orderly, efficient and proper manner.

These Rules of Procedure, Conduct and Decorum at Meetings of the _____________ County Commissioners Court shall be effective immediately upon adoption by the Court and shall remain in full force and effect until amended or repealed by a majority vote of the Commissioners Court.

Program Offers In-Depth Study of County Government

March 6, 2015 by Bailey LeRoux

Commissioners Court Advanced Curriculum (CCAC) is a comprehensive educational program designed specifically for members of the Commissioners Court.

CCAC was adopted by the County Judges and Commissioners Association of Texas (CJCAT) in 1992 to provide curriculum for an advanced study in county government. The program is continually updated as foundational information provided in the original program is merged with material necessitated by legislative changes and the new and varied challenges faced by a rapidly growing state.

The development of CCAC is a combined effort of the CJCAT, V.G. Young Institute of County Government, a part of Texas A&M AgriLife Extension Service, the LBJ School of Public Affairs at the University of Texas, and the Texas Association of Counties. Since its inception, 535 Judges and Commissioners have completed the program.

“This curriculum strengthens the credibility of our elected officials, helping them garner respect as they seek out education that will help them excel in their official duties,” said Bell County Commissioner Richard Cortese, chair of the CJCAT Commissioners Education Program Offers In-Depth Study of County Government Committee. CCAC classes can count toward an official’s statutorily required education; however, CCAC certification requires officials to go above and beyond their mandated hours.

CCAC provides a comprehensive course of study as follows:

◆◆Phase I Orientation – Hours presented at LBJ School of Public Affairs

◆◆Phase II Basics – 16 hours

◆◆Phase III Advanced Instruction – 32 hours

Phase I Orientation courses currently are offered at the LBJ School of Public Affairs Seminar for Newly Elected County Judges and Commissioners, which is conducted in Austin every January following an election year. Attendance at this seminar has traditionally been limited and restricted to new Judges and Commissioners. Since it is not feasible to require County Judges and Commissioners to retroactively attend the LBJ Orientation Seminar, County Judges and Commissioners who assumed office prior to Jan. 1, 1995, are permitted to substitute 16 hours of other approved instruction for the orientation course.

Phase II County Government Basics includes instruction concerning the duties and responsibilities of all county officers and departments. Phase III includes advanced instruction in the functions of county government. These courses are offered at the annual County Judges and Commissioners Association of Texas regional and state conferences and the annual V.G. Young Institute of County Government School for County Commissioners Courts.

New Officials: Highlights from LBJ School – Austin

February 4, 2013 by Christi Stark

Some 135 freshly sworn-in members of Commissioners Court convened in Austin Jan. 8-11 for the Seminar for Newly Elected County Judges & Commissioners, where they earned 20.5 hours of continuing education credit.

The conference, sponsored by the LBJ School of Public Affairs and Texas Association of Counties, took a two-pronged educational approach providing newly elected officials with:

A broad overview of the statutory responsibilities of the Commissioners Court; and
Practical advice from veteran officials ranging from effective leadership techniques to common pitfalls to avoid.

County commissioners are required to complete 16 hours of continuing education per year. This four-day conference not only fulfilled this statutory mandate, but also met the Phase I requirements of a comprehensive educational program titled Commissioners Court Advanced Curriculum (CCAC). While judges in attendance did not receive judicial education credit, they also completed the Phase 1 requirement of CCAC.

The four-day meeting, likened to a “jumping-off place” for new officials, covered a wide range of topics including the powers and duties of the Commissioners Court, public meetings, records management, conflicts of interest, leadership, litigation, indigent health, emergency management, law enforcement, working with the Texas Legislature, county roads, and the county budget, to name a few. Those who attended the conference will receive an e-mail link to the meeting presentations.

Those presenting the classes, all seasoned in their respective topics, offered more than “book knowledge,” taking the opportunity to offer wisdom gleaned from years of experience. Some of these valued “takeaways” are as follows:

New Officials Training – 25 Takeaways:

The Texas County Commissioners Court is charged with conducting county business subject to the laws of the state.
As a part of the State of Texas, the structures and duties of county government are set forth in the Texas Constitution. As an arm of the State, Texas counties can only do those actions that are specifically authorized by Texas law. Equally important, Texas counties must do those actions that are required by law.
As long as you can tie an action back to a statute, you have implied authority.
A county cannot expend public funds except through public service.
Ask yourself:
“Is this county business?”
“How is this serving the public?”
One commissioner or judge cannot bind the county. The Commissioners Court acts as a body.
While commissioners represent individual precincts, you are county commissioners.
Make the best decisions for your county as a whole.
County judges and commissioners can only act through the meeting of the Commissioners Court, where the court members can only address those items on the agenda.
Commissioners Court meetings require a quorum, which is three, except for the meeting setting the tax rate, when four out of five must be present and three must cast a vote.
Learn to count to three. It takes three to get anything done, so learn to work with the other members of your Commissioners Court.
Counting to three is important. Counting to four is even better. Counting to five (a 5-0 vote) is great.
Don’t carry it forward. If you have a split vote, learn to live with it. Don’t hold a grudge, and move on.
Respect your fellow members of the court, even when you are in the minority.
When elections are over, leave the labels at the door.
The county judge presides over the Commissioners Court meetings; the judge is the presider, not the king.
The county judge puts together the agenda of the Commissioners Court meetings. However, every member of the court is entitled to put an item on the meeting agenda.
The county judge can participate in every vote, not just in the case of a tie.
Commissioners Court meetings are open or public meetings, meaning members of the public have access to and may observe the meetings. This does not mean they are able to participate. The level of public participation, i.e. allowing the public to comment, is up to the individual Commissioners Court.
Consider adopting rules of procedure, conduct, and decorum governing your Commissioners Court meeting, including guidelines for public participation. Make copies of these rules and the agenda available at every meeting.
Every member of the Commissioners Court is required by law to complete a training course on the Texas Open Meetings Act within 90 days of assuming office. For more information, go to
https://www.oag.state.tx.us/open/og_training.shtml.
It is very important to understand how to communicate, when to communicate, and when not to communicate.
Counties must conduct public hearings in certain instances, such as setting the county budget. The public is entitled to speak at public hearings.
The Commissioners Court is responsible for setting the county budget and the county property tax rate.
You have the power of the purse.
The county budget is a policy statement and vision statement for your county.
You affect every office in county government via your fiscal responsibilities.
The decentralized nature of county government makes for a system where cooperation is necessary.
Counties are partners with the State of Texas. The State is the senior partner, so establish a relationship with your senators and representatives.
While you do control the budget, you do not control the everyday workings of the other offices in your county. Your fellow elected officials, i.e. tax assessor-collector, treasurer, clerks, are elected by the same constituency that elected you.
Your single largest expenditure is likely your county jail. The county jail is a dual responsibility. The sheriff is the keeper of the jail, while the Commissioners Court is tasked with ensuring a safe and suitable jail. Learn to work with your sheriff.
Read the inspection reports from the Texas Commission on Jail Standards, and walk along on at least one jail inspection.
All public roads are not county roads.
You cannot do work on a private road.
Counties are very restricted in their ordinance and land-use authority, currently limited to matters including subdivision regulations, road and drainage construction, regulation of sexually-oriented business, septic tanks, certain floodplain development, and airport zoning.
When constituents call with a concern or complaint, listen. Sometimes all they need to do is vent.
You are the closest form of government to the people.
It’s okay to say, “I don’t know. But I will find out and get back to you,” or, “I cannot assist you in this matter, but I can point you to the right person.”
Listen to your “gut.” If it doesn’t pass “the smell test,” step back and think the matter through.
Do everything as if everyone is watching, because everyone is.

Obtain a copy of the Texas Local Government Code, available here or 1-800-344-5009.

– By Julie Anderson

Open Meetings

January 30, 2012 by Becky Frost

KEY CONCEPT: Open Meetings

KEY QUESTION: What are the general statutory regulations regarding Commissioners Court meetings?

MAIN REFERENCE POINT:

Texas Government Code Chapter 551, The Open Meetings Act

TALKING POINTS:

The Open Meetings Act provides public access to meetings of governmental bodies – such as the commissioners court – except for those meetings expressly authorized as executive sessions.
A meeting takes place when a quorum of the commissioners court joins together and discuses an issue within the court’s jurisdiction. Quorum means majority, thus a quorum of the commissioners court is three members. (A special quorum of four is required when the court is levying a tax.)
The public must be given notice of the time, place, and subject matter of commissioners court meetings. Many governmental bodies post the agenda of the meeting with the notice or as the notice, so many people use the terms “notice” and “agenda” interchangeably to refer to the posted document.
The notice must be posted on a bulletin board at the county courthouse. This bulletin board must be readily accessible to the general public at all times for at least 72 hours before the scheduled time of the meeting. Counties with an Internet website must post an electronic notice. Counties that make Internet postings must also make a physical, hard-copy posting at the courthouse; however this notice must be accessible to the general public during normal business hours, rather than “at all times” during the 72-hour period.
The Open Meetings Act requires a governmental body to keep minutes, or make a tape recording, of every meeting. The minutes are a public record. Another statute requires the county clerk to keep the minutes of the commissioners court meetings.
Only the members of a governmental body have a right to attend an executive session; however, the governmental body’s attorney must be present when it meets under section 551.071. This means a commissioners court may exclude the county clerk from an executive sessions because the county clerk is not a member of the court. The commissioners court has the discretion to include in an executive session officers and employees of the governmental body whose participation is necessary considering the matter under discussion.
If a governmental body is unable to discuss all items posted on their notice (agenda) due to time constraints, the court may recess until the next day without having to post another notice. However, if a meeting is continued to any day other than the one immediately following, the governmental body must post a new notice.
The 81st Legislature enacted a bill to allow a municipality’s governing body to receive staff reports regarding items of community interest during a meeting of the body, provided that no action is taken and there is no discussion of possible action on the information contained in the report. A bill passed by the 82^nd Legislature extends the same privilege to county governments.
Commissioners courts are not required to allow citizens to speak at commissioners court meetings. However, the court may allow the public to speak and may adopt procedures to dictate the format.
District courts have jurisdiction over criminal violations of the Open Meeting Act as misdemeanors involving official misconduct. Thus, complaints should be presented to the district attorney or criminal district attorney.
Section 551.005 requires member of the commissioners court to complete a course of training addressing the member’s responsibilities under the Act. The public official must complete the training not later than the 90^th day after taking the oath of office. The attorney general is required to ensure that the training is made available, and must also ensure that at least one course approved or provided by the attorney general’s office is available at no cost on videotape, DVD, or a similar and widely available medium.

For additional information on the Open Meetings Act, including sections on “Walking Quorums” and “New Technologies,” go to https://www.oag.state.tx.us/AG_Publications/pdfs/openmeeting_hb.pdf .

Rules of Procedure, Conduct and Decorum at Meetings of the County Commissioners Court

Program Offers In-Depth Study of County Government

New Officials: Highlights from LBJ School – Austin

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