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

December 12, 2019 by County Progress

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 Session.

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 observers 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 time allocated to 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 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 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, 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. These Rules do not prohibit public criticism of the Commissioners Court, including criticism of any act, omission, policy, procedure, program, or service. Violation of these rules may result in the following sanctions:
1. cancellation of a speaker’s remaining time;
2. removal from the Commissioners Courtroom;
3. a Contempt Citation; and/or
4. 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 feet (5′) in front of the Commissioners Court bench.
Reporters and media technicians are required to structure their movements, equipment set-up 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.
Interviews 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, Emergency and/or Executive Session Meeting 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.

ADOPTED BY THE UNANIMOUS VOTE OF THE ____________ COUNTY COMMISSIONERS COURT on this the _______ day of ____________, _____.

_______________________________

County Judge

_____________________________ _____________________________

Commissioner, Pct. 1 Commissioner, Pct. 3

_____________________________ _____________________________

Commissioner, Pct. 2 Commissioner, Pct. 4

Attest:

_____________________________

County Clerk

COUNTY COMMISSIONERS COURT

Public Participation Form

Instructions: Fill out all appropriate blanks. Please print or write legibly.

NAME: ____________________________________________________________________

HOME ADDRESS: ____________________________________________________________

_________________________________________________________________________

HOME TELEPHONE: _________________________________________________________

PLACE OF EMPLOYMENT: ____________________________________________________

EMPLOYMENT TELEPHONE: _________________________________________________

Do you represent any particular group or organization? ________________________________

If you do represent a group or organization, please state the name, address and telephone number of such group or organization.

_______________________________________________________________________________

Which agenda item (or items) do you wish to address? ___________________________________

_______________________________________________________________________________

In general, are you for or against such agenda item (or items)?

______________________________________________________________________________

Signature: ______________________________________________________________________

NOTE: This Public Participation Form must be presented to the County Clerk prior to the time that the agenda item (or items) you wish to address are discussed before the Court.

The Value of Servant Leadership

July 15, 2019 by County Progress

Greetings from Cherokee County. It is a humbling honor to have been elected and to be trusted to serve as the new secretary/treasurer for the North & East Texas County Judges and Commissioners Association. I look forward to the knowledge I will gain from the opportunity to work with Polk County Judge Sydney Brown Murphy, Cass County Commissioner Paul Cothren, Cooke County Judge Jason Brinkley, and Johnson County Commissioner Rick Bailey as we serve this Association.

Cherokee County is easy to find on the map; we are the long, skinny county located in the Piney Woods of East Texas. We are a rural county with a population of just over 50,000 residents, and we are part of the trunk transportation system that connects the Port of Houston to the Dallas/Ft. Worth Metroplex.

I am currently in my third term as Commissioner. Prior to becoming Commissioner, I was in the nursery business for 25 years raising bedding plants and servicing the Dallas/ Ft. Worth area.

When it comes to serving, I am no stranger. I serve on many boards and volunteer groups. I am a part of the Texas Association of Counties Core Legislative Group. I am also a director of the East Texas Council of Governments.

I am a deacon in my church, I participate in city organizations such as the chamber of commerce where I serve as the chairman of the transportation division, and I am involved in civic and volunteer groups throughout my community.

When elected as Commissioner, I had many preconceived ideas as to what this job would be like and the things I would or could accomplish. One thing I have always tried to keep in the forefront of my mind is the importance of servant leadership.

In the traditional leadership model, oftentimes the leader’s main focus is the thriving success of the related company or organization.

A servant leader shares power, puts the needs of the employees and their constituents first, and helps people develop and perform as highly as possible. Servant leadership inverts the norm, which puts the customers being served as the main priority. Instead of the people working to serve the leader, the leader exists to serve the people. I would like to challenge you as an elected official to focus on being a servant leader.

We are all faced with challenges that occur on a daily basis; some are clear, and others we need help with, but together we can make the world we live in a better place.

As your newest officer, I look forward to serving as your secretary/treasurer of the North & East Association and to strengthening relationships within our membership. Thank you for allowing me this opportunity.

By Cherokee County Commissioner Kelly Traylor

Newly Elected Secretary/Treasurer

North & East Texas County Judges and Commissioners Association

Election Security Assessment

July 8, 2019 by County Progress

HAVA-Funded Program Allows for Comprehensive Review

“What you don’t know won’t hurt you” may work in some circumstances, but in other situations the consequences are not worth the risk.

A related maxim came to mind when Chambers County Clerk Heather Hawthorne looked toward a review of the county’s election infrastructure.

“The County Election Security Assessment (ESA) substantiated my initial thoughts of ‘I don’t know what I don’t know!’ ” Hawthorne shared. Her inclination was correct, and the evaluation led to needed improvements to the county’s election plan.

County ESAs are paid for with federal Help America Vote Act (HAVA) funds received by the State of Texas in 2018, explained Sam Taylor, communications director with the Office of the Texas Secretary of State (SOS).

“This program is 100 percent free of charge to each county,” Taylor emphasized.

Program History

In March 2018, the State of Texas was provided with approximately $23.3 million in federal HAVA funds to enhance election security, Taylor reported.

In July 2018, the SOS submitted a proposed spending plan to the U.S. Election Assistance Commission which included dedicating funds to provide free election security assessments to county election offices in order to determine what, if any, upgrades are needed at the local level in order to further enhance the security of the election infrastructure.

In August 2018, the SOS and the Texas Department of Information Resources (DIR) officially informed county election officials about the opportunity to receive these free assessments and provided guidelines for initiating the process, Taylor recounted. The ESA program is administered jointly by the SOS and DIR and is conducted through the DIR’s Shared Technology Services, a cooperative purchasing program through which the state has already vetted the vendor and partner – AT&T – and followed all appropriate procurement guidelines.

The program allows all 254 Texas counties to undergo an assessment to review Texas county election infrastructures including people, processes, and technology, specified Gene Moore, client manager with AT&T Global Public Sector.

“We strongly encourage every Texas county to take advantage of these cybersecurity assessments, which come at no cost to the county and will serve as a valuable tool for county election officials as they prepare for the 2020 elections,” Taylor recommended. “While Texas elections have been and remain secure, our office wants to ensure that all Texas counties have the information and resources they need to further enhance the security of their election infrastructure.”

The SOS set aside a portion of the federal funding – approximately $13 million – for remediation expenses that counties may use for needed upgrades after they have completed their security assessments, Taylor specified.

Over a dozen counties have completed their respective assessments, Taylor said. Several dozen others are in the process of gaining contract approval from their respective Commissioners Courts. Approximately two thirds of Texas counties have either begun the process of receiving their free assessments or have expressed interest in receiving one.

Potter County completed the ESA in February; Melynn Huntley, Potter County elections administrator, credits the experience with saving an election. On April 19, a malicious virus infiltrated the county’s computer system. Early voting was set to begin the next business day, April 22.

One of the recommendations following the ESA was the development of an emergency plan, Huntley stated. Thankfully, the new plan was in place by April 19, and Huntley reassured the public that “everything we normally do during an election will function just as it normally does.”

“Our goal is to ensure that all 254 Texas counties take advantage of this free assessment before 2020 so they can implement any security enhancements in advance of the primary and general elections,” Taylor said.

Initiating the Process

All counties should have already been contacted by AT&T, Taylor said. However, if a county has not been contacted or wishes to proceed with an assessment, the county can email the state at ElecAssessment@sos.texas.gov, or reach out to AT&T directly at Gene.Moore@att.com. AT&T will gather the information needed to move to the next step and will be the county’s contact during the preparation phase of the assessment.

After initiating the process, the county should designate a single point of contact to serve as the county’s liaison on all matters related to the assessment, Taylor continued. Next, the county needs to execute an interlocal contract and a managed security services contract with DIR with approval from the Commissioners Court.

After approval, the AT&T team will review the specific Solution Proposal Package with the county and schedule an in-person visit to perform the on-site portion of the assessment, Moore stated. The on-site visit generally takes between one to five days depending on the size and complexity of the county. The full assessment can take several weeks to complete.

Assessment Results

The ESA evaluates the policies, processes, technology, and staff involved in the elections process at the county level, Moore summarized. The ESA helps illuminate security vulnerabilities in each area and includes insights and feedback to help counties understand where they may need to fine-tune.

“The goal of the standardized assessment is to help remove the guesswork and pinpoint any issues to show each county how to enhance current security measures,” Moore continued. AT&T uses the National Institute of Standards and Technology Cybersecurity Framework that gives “an easy-to-follow, repeatable process for counties to continue to build on.”

The assessment is comprehensive, Taylor noted, and covers election security procedures including cybersecurity and physical security of all infrastructure related to election administration. The ESA findings are confidential and are provided to the county upon completion of the assessment.

“These results provide a road map for each county on what steps need to be taken to further enhance security, such as strengthening passwords and adding extra layers of cybersecurity safeguards,” Taylor specified. “Many of the enhancements that counties are encouraged to make as a result of the assessments are free or low-cost, such as implementing or updating policies and procedures, improving password security, or cybersecurity training for election officials and their staff.”

The county receives a scorecard that outlines high-level security concerns, recommendations, and a detailed report to support the findings, Moore elaborated. AT&T also schedules a wrap-up call with the county to review all findings, answer any questions, and discuss recommendations to provide for a robust understanding of any issues identified, Moore continued.

Many of the suggestions made following Potter County’s ESA were implemented with zero cost, Huntley shared. For example, the development of a cybersecurity policy and emergency plan, training employees, and updating passwords did not cost the county any money. However, Potter County will eventually make some changes to infrastructure to improve cybersecurity, “but it is not anything we can’t afford,” Huntley specified.

The ESA partners “stand ready to assist the counties with the contractual process for receiving the free assessment,” Taylor offered. “We look forward to working with each Texas county to provide training and resources to keep our elections systems secure and provide Texas voters with confidence that their votes will be counted exactly as they are cast.”

By Julie Anderson
Editor

County Road Upkeep: Ask the Experts

July 1, 2019 by County Progress

During the North & East Texas Annual Conference in May, a panel of seasoned County Commissioners discussed Best Practices on Road Maintenance. County Progress asked two of the panelists to elaborate on their recommendations.

Johnson County Commissioner Rick Bailey

The key to a successful road – longevity – is in the prep work. High traffic roads generally are the priority roads. Shutting them down impacts local residents as well as emergency vehicles, school buses, etc.

A courtesy letter sent out with a guesstimated timeline for rebuild or repairs is a good practice; however, emergency situations may not allow notifications. It is always good to notify the sheriff’s office and other emergency responders.

The most important outcome is to have a “crown” in the road to shed water, as on some of our county roads, the slope may create the only drainage due to narrow rights of way. Remember, drainage is crucial.

Most, I would guess, use limestone road base for repairs or complete construction. On a lengthy project, reclaiming a road is the best solution.

I cannot emphasize enough the importance of layers and water for compaction. Once you pull off the location, the traffic can help the compaction while waiting on the ground temperatures to rise to produce a successful chip seal with emulsions and/or hot oils.

If your budget allows, there are polymer products available that are moisture barriers. These polymer products also help with dust control. We have vendors at conferences who sell these products, and they are there to help us.

A good recommendation once the project is completed is to take pictures for documentation and proof when heavy truck traffic begins to damage the roads.

As mentioned, longevity of a road starts with the prep work. A smooth surface and then a successful application of hot oil immediately rolled in pea gravel or chat rock provides years of service.

We as Commissioners have a great network in each other to pull from. Someone is dealing with your same issue in a neighboring county. Don’t hesitate to call upon them.

Cherokee County Commissioner Kelly Traylor

Your constituents think you have done your job if the driving surface is smooth. You can put a smooth surface on the road, but if the proper prep work hasn’t been addressed, then the longevity of the road is short term.

Our best county road maintenance practices start with trees. We are in the Piney Woods of East Texas. Dead or damaged trees are removed out of the right of way. They are also trimmed as high as possible to allow the sunlight to reach the road surface. Trees grows over the roads and create a canopy. The canopy will allow the roads to hold moisture.

Next, we address the drainage. The proper drainage will prevent erosion and base failures. Inspection of culverts and replacing them with the correct size to carry the normal water flow is a key step.

Road base is the next step we address. We are blessed with native iron ore in East Texas. We use this for base since it is native and abundant. This cuts down on our cost. We will use limestone on occasions.

When laying the base, we put our crown in it for the road to be able to shed water. The compaction of the base should be put in by layers. Once you get to the final layer, then the traffic can help with the compaction.

Now we are ready for the part that we as Commissioners are judged by, the surface. Some surfaces will stay with the material used as the base. You can use asphalt or chip seal for the final surface. We use oil sand on many of our roads; it is just that, oil mixed with sand. We add some aggregate with it. This surface can be milled up and relayed, which may cut down on the cost.

All of these practices have their own challenges. The major challenge comes in to play when you have to deal with traffic while performing these tasks. Most of the county roads are narrow, and some are dead-end roads. You have to allow residents to come and go, along with school buses, emergency vehicles and daily commerce (trash trucks).

The last challenges are your county budget, prioritizing projects, and Mother Nature.

There are many resources out there to help including the Texas Local Technical Assistance Program, your local TxDOT engineer, and your senior Commissioners in your county.

Highlights From Potter County

June 17, 2019 by County Progress

West Texas Association Conference

By Julie Anderson

Editor

Sometimes a question is more like a lesson. The keynote speaker at the recent West Texas Association Conference presented two such questions:

Who is the most ethical person you know?
Now, how many people would name you?

Judge Michael Keasler, Texas Court of Criminal Appeals, elaborated on the qualities of ethical leadership during the opening day address at the West Texas County Judges and Commissioners Association 90th Annual Conference. Some 280 County Judges and Commissioners convened in Potter County April 23-26 to pursue their continuing education and discuss the latest topics affecting grassroots government.

Taking answers from the audience, Keasler went on to discuss the values of leadership including integrity, loyalty, and commitment to excellence.

Throughout the conference other important questions were asked, some paving the way for thought-provoking sessions regarding the future of local government. For example, during a class related to the county budget and revenue caps, Tarrant County Judge Glen Whitley posed an important question:

Where should state and local government be focused?

Using a combination of videos, statistics, and research results, Whitley shared a powerful presentation based on the following premise: “Since Texas became a republic and then a state, its leaders realized that because of the size and diversity, a strong state and local partnership was needed. This partnership relied upon local elected officials to make decisions on how to best implement state laws and respond to their individual communities’ wants and needs.”

This partnership and understanding have contributed to the success of the Lone Star State, which is becoming home to more and more residents and businesses each year. In fact, in 2018 CNBC ranked Texas as the #1 state for businesses, Whitley shared.

During recent years, the partnership has been tested with proposals and rhetoric that have strained the relationship. With this comes the concern that Texas may lose its footing.

How can state and local government help keep Texas #1, or “keep the Texas miracle alive?” Whitley asked local elected officials. The keys include:

an educated workforce;
adequate infrastructure; and
continued local decision-making.

A high-performing public education system is critical to an educated workforce, which is key to keeping Texas at the top of the business world, Whitley emphasized. While Texas is impressive businesswise, it compares poorly to other states when it comes to spending for public education. In addition, data demonstrates that the State of Texas relies heavily on the property tax to fund public education.

“Over time, insufficient education will drag down overall performance,” Whitley noted. Texas has no choice but to increase the state’s commitment to public education.

Another key to maintaining a strong and growing Texas is improved transportation infrastructure.

“We MUST catch up as well as maintain our existing roads and bridges,” Whitley declared. The State of Texas can help by addressing the shrinking gas tax, rethinking public-private partnerships, and investing more in infrastructure to fulfill the demand that comes with Texas’ population and business growth.

In addition, the state partners could assist by supporting the efforts of cities and counties to help, Whitley shared. Cities and counties build and maintain four times as many road miles as the state.

“Placing revenue caps on local governments can severely limit our ability to stay up with our expected growth or even to maintain those roads we already have,” he observed. This means a call to renew the Texas tradition of local officials making local decisions.

“We need to maintain the ability of local elected officials to partner with the state to implement the laws they pass as well as provide the quality-of-life services that our citizens demand,” Whitley emphasized.

When it comes to obstacles, the first and most obvious is funding.

The second, Whitley offered, is exposing misinformation regarding Texas’ tax burden.

“We also have to point out rhetoric versus reality,” he elaborated, and avoid focusing only on property taxes and inferring skyrocketing increases. Data indicates that Texas ranks 29th per person in state and local tax collections when compared to other states and 37th in state and local revenue as a percentage of personal income.

“So, we are in the bottom half in both categories,” Whitley concluded. “I wouldn’t say from an overall position that we are extremely taxed.”

In summary, Whitley encouraged Judges and Commissioners to in turn encourage the Legislature to:

Be an equal partner in total funding for public education.
Provide adequate funding to address lagging infrastructure.
Support locally elected officials by allowing them to do their jobs.

Please box somewhere in Conference Report:

The 91st Annual West Texas County Judges and Commissioners Association Conference will take place April 21-24, 2020, in San Angelo at the McNease Convention Center.

HAVA-Funded Program Allows for Comprehensive Review

West Texas Association Conference

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