Item 3 - Briefing on Terms, Appointments and Bylaws 2026.02.23 — original pdf

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Municipal Civil Service Commissioner Term Limits & Appointments Austin Human Resources | February 23, 2026 Background  Article IX of the City Charter, approved by voters in November 2012, established:  A Municipal Civil Service Commission to have 5 commission members  Commissioners shall be appointed for a term of three years.  Ordinance No. 20130214-045 established this Commission as a Chapter 2-1 City Board  Designates Audit and Finance Committee to review Commissioner applications and make recommendations for appointments (§ 2-1-164)  Excludes current City employees from being appointed 2 Commissioner Term Limit Update  Prior to February 27, 2025, Commissioners could serve a maximum of 2 full terms (6 years), or possibly a combination of partial terms and full terms to reach the eight-year maximum set in City Code Chapter (§ 2-1-22)  “A board member who has served eight years on the same board is not eligible for reappointment to that board…”  Council passed Ordinance No. 20250227-004 amending City Code Chapter 2-1 (City Boards) to clarify certain provisions.  Certain boards and commissions have members who serve two-year or three-year terms, as provided by this chapter, city code, or state or federal law.  a board member may serve no longer than four consecutive two-year terms or three consecutive three-year terms on the same board. 3 MCS Commission Appointment(s)  Three appointments in 2026  Commissioner Ayo Akande resigns effective January 2, 2026.  Chair Kevin Mullen’s 2nd term expires May 8, 2026 (seeking reappointment).  Commissioner Melissa Rogers resigns effective June 1, 2026. 4 Commission Members & Terms Current Membership First Appointed Date(s) Reappointed Term Expires Kevin Mullen, Chair* Melissa Rogers VACANT Kavita Gupta, Vice Chair John Umphress 05/09/21 02/26/24 05/09/22 05/09/22 *Council designates the Commission Chair annually 05/09/23 05/09/24 05/09/25 05/09/25 05/08/26 05/08/27 05/08/27 05/08/28 05/08/22 5 Application Process  Austin City Clerk’s Office will:  Follow the standard Boards and Commissions application process  Accept online applications using standard Boards and Commissions application form  Accept resumes to document any additional relevant qualifications  Ensure minimum qualifications identified in Charter are met  Identify candidates with preferred background - experience with employment, human resources, labor relations and/or mediation  Provide applications received to all Council Offices through standard process 6 Appointment Process  The Council Audit and Finance Committee shall review applications received by the city clerk from persons seeking appointment as a commissioner. (§ 2-1- 164)  Review may include interviews or written applications only  Appointments are subject to approval by a majority vote of council. (§ 2-1-4)  The council shall designate the commission chair annually at the time new commissioners are appointed. (§ 2-1-164 ) 7 Next Steps  Audit and Finance Committee may recommend reappointment of Chair Mullen to the full Council.  Open call for Applications for Commissioner’s Akande and Rogers seats via press release, social media post, and email blast to local organizations and graduates of CityWorks Academy.  Thirty-day or six-week advertisement  Screen for minimum qualifications  Review and potential interviews by Audit and Finance Committee  Council Appointment 8 Updates to the Bylaws of the Municipal Civil Service Commission Council Ordinance No. 20251120-008  Amended City Code and the standard bylaw template to align with current state law and City procedures regarding open meetings.  Provides templated updates to ALL Boards & Commission bylaws across the City  Changes:  Commissioner conduct acting on behalf of Commission  Attendance requirement for participation via Videoconferencing  Agenda posting and deadline to add items to the meeting agendas  Public communication time limits for agenda items and non-agenda items 10 Revision Process  Staff Liaison submits revised bylaws to Austin City Clerk by January 31, 2026  Once reviewed and approved by Austin City Clerk, the revised bylaws will be added to MCS Commission website. 11 Questions? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 BYLAWS OF THE Municipal Civil Service Commission ARTICLE 1. NAME. The name of the commission is the Municipal Civil Service Commission. ARTICLE 2. PURPOSE AND DUTIES. The purpose and duties of the commission is toare as follows: (1) hear appeals and make final, binding decisions in the case of municipal civil service employees covered under Article IX of the City Charter who have been discharged, suspended, demoted, denied a promotion, or put on disciplinary probation; (2) recommend the adoption of civil service rules after receipt of proposed rules by the Human Resources Director and perform services under the civil service rules as provided in Article IX, Section 2 of the City Charter; (3) perform other duties regarding the municipal civil service, not inconsistent with Article IX of the City Charter, that the City Council may require; (4) issue subpoenas and subpoenas duces tecum to witnesses, whether at the request of interested parties or on its own motion, when reasonably necessary to obtain pertinent evidence at a hearing or investigation; (5) administer oaths to witnesses appearing at a hearing or investigation; and (6) conduct any investigations it may consider desirable or which it may be required to make by the City Council or the City Manager concerning the administration of municipal civil service, and report its findings and recommendations to the City Council; ARTICLE 3. MEMBERSHIP. (A) The commission is composed of five members appointed by the city council, each a qualified voter of the City. (B) A commissioner may be removed before the end of the commissioner’s term only for cause, and after receiving a written statement of the reasons for removal and a public hearing before the City Council, if the commissioner requests a hearing. (C) Commission members shall be appointed for a term of three years, except that the initial members shall serve for a term of one, two or three years as designated in Resolution No. 20130509-036. The term expires on May 9th of the first, second or third anniversary. (D) An individual commission member may not act in an official capacity except through the action of the commission. or speak on behalf of the board except through the action of a majority of the board in which the board identifies who is authorized to speak and identifies the actions the individual board member is authorized to take or topics on which the individual board member is entitled to speak. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 (E) At each meeting, each commission member shall sign an attendance sheet (or if participating virtually via videoconference, send an email as provided by City Code Section 2-1-24(D)) which indicates that the member does not have a conflict of interest with any item on that agenda, or identifies each agenda item on which the member has a conflict of interest. Failure to sign the sheet results in the member being counted as absent and his/her votes are not counted. (F) A member who seeks to resign from the commission shall submit a written resignation to the chair of the commission, the staff liaison, or the City Clerk’s office. If possible, the resignation should allow for a thirty day notice so the City Council can appoint a replacement. (A) The officers of the commission shall consist of a chair and a vice-chair. ARTICLE 4. OFFICERS. (B) The council shall designate the commission chair annually at the time new commissioners are appointed. A vice chair may be elected annually by a majority vote of the commission. (C) The term as an officer shall be one year. An officer may continue to serve until a successor is designated or elected. (D) A member may not hold more than one office at a time. ARTICLE 5. DUTIES OF OFFICERS. (A) The chair shall preside at commission meetings, appoint all committees, represent the commission at ceremonial functions, and approve each final meeting agenda as provided in Article 6(A). (B) In the absence of the chair, the vice-chair shall perform all duties of the chair. ARTICLE 6. AGENDAS. (A) Two or more commission members may place an item on the agenda by oral or written request to the staff liaison at least five seven days before the meeting. After first consulting with and receiving input from the staff liaison, the chair shall approve each final meeting agenda prior to posting, except that posting language may be adjusted in order to ensure compliance with Government Code Chapter 551 (Open Meetings Act). (B) The commission liaison shall submit the meeting agenda through the online agenda posting system for each meeting not less than 72 hoursthe 4th business day before the scheduled meeting date. (C) Posting of the agenda must comply with Texas Government Code Chapter 551 (Texas Open Meetings Act). ARTICLE 7. MEETINGS. (A) The commission meetings shall comply with Texas Government Code Chapter 551 (Texas Open Meetings Act). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (B) Commission meetings shall be governed by Robert’s Rules of Order. (C) The commission may not conduct a closed meeting without the approval of the city attorney. (D) The commission may meet as necessary to carry out its duties under City Charter Article IX. (E) The chair may call a special meeting, and the chair shall call a special meeting if requested by three or more members. The call shall state the purpose of the meeting. (F) Three members constitute a quorum. (G) If a quorum for a meeting does not convene within one-half hour of the posted time for the meeting, then the meeting may not be held. (H) To be effective, a commission action must be adopted by an affirmative vote of the number of members necessary to provide a quorum. (I) The chair has the same voting privilege as any other member. (J) The commission shall allow members of the public to address the commission on agenda items and during a period of time set aside for public communications on non-agenda items. The chair may limit shall allow a speaker to three minutesspeak for no less than two minutes per agenda item and for three minutes on a non-agenda item and may limit the number of speakers. The commission shall not permit public communication concerning a specific appeal prior to the commission’s ruling. (K) The staff liaison shall prepare the commission minutes. The minutes of each commission meeting must include the vote of each member on each item before the commission and indicate whether a member is absent or failed to vote on an item. (L) The city clerk shall retain agendas, approved minutes, internal review reports and bylaws. The Commission shall retain all other commission documents. These documents may be subject to disclosure to the public under the Texas Government Code Chapter 552 (Texas Public Information Act), unless otherwise excepted or prohibited from disclosure by law. (M) The chair shall adjourn a meeting not later than 10 p.m., unless the commission votes to continue the meeting. (N) Each person and commission member attending a commission meeting should observe decorum pursuant to Section 2-1-48 of the City Code. ARTICLE 8. COMMITTEES/WORKING GROUPS. COMMITTEES (A) The Municipal Civil Service Commission may have committees that make recommendations to the commission to fulfill the purposes of the commission as set forth in Article IX of the City Charter. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 (B)(A) Each committee must be established by an affirmative vote of the commission. A committee cannot meet until its creation is approved by the Council Audit and Finance Committee. Each committee shall consist of at least three commission members appointed by the chair. A staff member shall be assigned to each committee by the director of the Human Resources Department. (C)(B) The board chair shall appoint a commission member as the committee chair, with the member’s consent. (D)(C) A majority of the total number of appointed committee members constitutes a quorum. (E)(D) Each committee shall meet on a regularly scheduled basis at least quarterly. (F)(E) Each committee shall make an annual report to the commission at the January meeting. (G)(F) Committee meetings must be posted in accordance with Texas Government Code Chapter 551 (Texas Open Meetings Act). (H)(G) At each committee meeting, a committee member shall sign in on a sheet provided (or if participating virtually via videoconference, send an email as provided by City Code Section 2-1- 24(D)) and shall indicate that the member has no conflict of interest with any item on the committee meeting agenda, or identify each agenda item on which the member has a conflict of interest. (H) The Municipal Civil Service Commission currently has no committees. WORKING GROUPS (A) The commission can determine the size of a working group, but the number of commission members serving on the working group must be less than a quorum of the commission. (B) A working group may designate a chair, with the member’s consent, but is not required to do so. (C) Quorum requirements do not apply to working groups. (D) Staff support will not be provided for working groups. (E) Working groups are not required to post their meetings in accordance with the Texas Government Code Chapter 551 (Texas Open Meetings Act). ARTICLE 9. PARLIAMENTARY AUTHORITY. The rules contained in the current edition of Robert’s Rules of Order shall govern the commission in all cases to which they are applicable, except when inconsistent with these bylaws or with special rules of procedure which the commission or city council may adopt. ARTICLE 10. AMENDMENT OF BYLAWS. A bylaw amendment is not effective unless approved by Council after review by the Council Audit and Finance Committee. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 The bylaws were approved by the Municipal Civil Service Commission at their meeting held on September 17, 2013. The bylaws were amended by the Municipal Civil Service Commission at their meeting held on October 12, 2015. The bylaws were revised in accordance with Resolution 20220217-033 on March 9, 2022. The bylaws were revised in accordance with Ordinance 20251120-008 on January 20, 2026. _____________________________________ Signature of Executive or Staff Liaison __________________________________ Executive or Staff Liaison ORDINANCE NO. 20251120-008 AN ORDINANCE FINDING THAT CITY BOARD AND COMMISSION BYLAWS MUST BE UPDATED TO REFLECT CURRENT STATE LAW AND CITY PROCEDURES REGARDNG OPEN MEETINGS AND TO INCORPORATE CHANGES MADE TO CHAPTER 2-1 (CITY BOARDS) IN ORDINANCE NO. 20250227-004; FINDING THAT SUCH AN UPDATE IS BEST DONE S N ULTANEOUSLY FOR ALL CITY BOARDS AND COMMISSIONS SUBJECT TO CITY CODE CHAPTER 2-1 (CITY BOARDSy, WAIVING SUBSECTION (2) OF CITY CODE SECTION 2-1-8 (COUNCIL AUDIT AND FINANCE COMMITTEEj AND SUBSECTION (B) OF CITY CODE SECTION 2- 1-44 NEETING PROCEDURES?, AND AUTHORIZING THE CITY CLERK TO MAKE CONFORMING CHANGES TO BOARD AND COMMISSION BYLAWS, AGENDAS, AND PUBL C N EET NG NOT CES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. Findings City Council finds that due to recent changes in Texas Government Code Chapter 551 (Open Meetings), in City procedures regarding the conduct of open meetings, and in City Code Chapter 2-1 (City Boards) by Ordinance No. 20250227-004, certain sections of the standard board bylaws used by the over 70 City boards and commissions subject to City Code Chapter 2-1 are outdated and should be amended to accurately reflect and align with current state and City laws and procedures. City Council further finds that following the regular procedure to separately amend s or commission's bylaws - in which each board or commission votes to adopt each board , bylaws amendments and sends the proposed amendments to the Council Audit and Finance Committee for review and recommendation to the full Council, with final approval and adoption by Council - will be inefficient and time-consuming, and could result in boards and commissions adopting different versions of the amendments, leading to inconsistency and possible confusion as to board and commission meeting and other requirements; and that therefore it is preferable to authorize a blanket change to the bylaws rather than individual, board-by-board bylaws amendments. PART 2. The amendments to the standard board bylaws are provided in Exhibit A, attached and incorporated as a part of this ordinance, and include changes necessary to accurately reflect and align the standard bylaws with current state law and City procedures regarding open meetings as well as City Code Chapter 2-1 (City Boards) as amended by Ordinance No. 20250227-004. PART 3. Council waives the requirements of Subsection (2) of City Code Section 2-1- 8 (Council Audit and Finance Committee) and that part of Subsection (B) of City Code Page 1 0 f 2 Section 2-1-44 (Meeting Procedures) regarding review of bylaws amendments by the Council Audit and Finance Committee and authorizes the City Clerk to make the necessary amendments to all board and commission bylaws conforming with Exhibit A without the need for review and recommendation by the Council Audit and Finance Committee. The City Clerk is also authorized to make related changes as needed to all agendas and notices for City board and commission meetings. PART 4. This ordinance takes effect on December 1,2025. PASSED AND APPROVED November 20 ,2025 § § § 4 2' »AL-3 0,₺₺4 Kirk Watson Mayor Erjka Brady City Clerk APPROVED:f?-44 )(fiqra ATTEST9 ? Deborahl homas City Attorney Page 2 0 f 2 Exhibit A TEMPLATE FOR STAN DARD CITY BOARD BYLAWS 1 2 3 4 5 6 7 8 9 I0 1 12 3 4 5 16 17 8 -9 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 TEMPLATE FOR STANDARD CITY BOARD BYLAWS BYLAWS OF THE (Board Name) ARTICLE 1. NAME. The name of the board is Municipal Code). (board name as it appears in the ARTICLE 2. PURPOSE AND DUTIES. The purpose and duties of the board [49]are as follows: information directly from the City Code.) . (Insert the ARTICLE 3. MEMBERSHIP. (A) The board is composed of eleven members appointed by the city council. (B) A member serves at the pleasure of the city council. (C) Board members serve for a term of four years beginning March 1St on the year of appointment. (D) An individual board member may not act in an o fficial capacity [except through the action of the beafd] or speak on behalf of the board except through the action ofa majority of the board in which the board identifies who is authorized to speak and identifies the actions the individual board member is authorized to take or topics on which the individual board member is entitled to speak. (E) A board member who is absent for three consecutive regular meetings or one-third o f all regular meetings in a "rolling" twelve month timeframe automatically vacates the member's position subject to the holdover provisions in Section 2-1-27 of the City Code. This does not apply to an absence due to illness or injury ofthe board member, an illness or injury of a board member's immediate family member, active military service, or the birth or adoption of the board member's child for 90 days after the event. The board member must notify the staff liaison o f the reason for the absence not later than the date of the next regular meeting o f the board. Failure to notify the liaison before the next regular meeting of the board will result in an unexcused absence. (F) At each meeting, each board member shall sign an attendance sheet (or if particinating virtually via videoconference, send an email as provided by City Code Section 2-1-24(D)) which indicates that the member does not have a conflict of interest with any item on that agenda, or identifies each agenda item on which the member has a conflict of interest. Failure to sign the sheet results in the member being counted as absent and his/her votes are not counted. (G) A member who seeks to resign from the board shall submit a written resignation to the chair of the board, the staff liaison, or the city clerk's office. If possible, the resignation should allow for a thirty day notice so the city council can appoint a replacement. (A) The o fficers of the board shall consist o f a chair and a vice-chair. ARTICLE 4. OFFICERS. (B) Officers shall be elected annually by a majority vote of the board at the first regular meeting after In the event a current officer becomes ineligible to serve as an officer, the board may hold April 1St. an emergency election as needed. (C) The term of office shall be one year, beginning May 1 st and ending April 30 . An officer may th contlnue to serve until a successor is elected. A person may not serve as an officer in a designated position o f a board for more than four consecutive one-year terms. A person who has served as an officer in a designated position of a board for four consecutive terms is not eligible for re-election to that designated office until the expiration of two years after the last date ofthe person's service in that office. The board may override the term limit provision for an officer by an affirmative vote of two-thirds of the authorized board members. (D) A member may not hold more than one office at a time. ARTICLE 5. DUTIES OF OFFICERS. (A) The chair shall preside at board meetings, appoint all committees, represent the board at ceremonial functionsl and approve each final meeting agenda as provided in Article 6(A). (B) In the absence o f the chair, the vice-chair shall perform all duties o f the chair. ARTICLE 6. AGENDAS. (A) Two or more board members may place an item on the agenda by oral or written request to the staff liaison at least [G,¥elseven business days before the meeting. After first consulting with and receiving input from the staff liaison, the chair shall approve each final meeting agenda prior to posting, except that posting language may be adiusted in order to ensure compliance with Government Code Chapter 551 (Open MeetinEs Act). (B) The board liaison shall submit the meeting agenda through the online agenda posting system for each meeting not less than [92--het*Falthe 4th business day before the scheduled meeting date. (C) Posting of the agenda must comply with Texas Government Code Chapter 551 (Texas Open Meetings Act). 1 2 3 4 5 6 7 8 9 20 1 -2 -3 -4 5 16 17 -8 I9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 1 2 3 4 5 6 7 8 9 0 1 2 3 14 5 6 7 8 9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ARTICLE 7. MEETINGS. (A) The board meetings shall comply with Texas Government Code Chapter 551 (Texas Open Meetings Act). (B) Board meetings shall be governed by Robert's Rules of Order. (C) The board may not conduct a closed meeting without the approval of the city attorney. (D) The board shall meet (select one of the fbllowing: monthly, quarterly, or when the board is legally required to meet in order to comply with a legal deadline.) In November of each year, the board shall adopt a schedule o f the meetings for the upcoming year, including makeup meeting dates for the holidays and cancelled meetings. (E) The chair may call a special meeting, and the chair shall call a special meeting if requested by three or more members. The call shall state the purpose of the meeting. A board may not call a meeting in addition to its regular scheduled meetings as identified in its adopted meeting schedule, more often than once a quarter, unless the meeting is required to comply with a statutory deadline or a deadline established by Council. (F) Six members constitute a quorum. (G) If a quorum for a meeting does not convene within one-half hour of the posted time for the meeting, then the meeting may not be held. (H) To be effective, a board action must be adopted by an affirmative vote o f the number of members necessary to provide a quorum. (I) The chair has the same voting privilege as any other member. (J) The board shall allow members o f the public to address the board on agenda items and during a period o f time set aside for public communications on non-agenda items. The chair [may-4imit] shall allow a speaker to [thfee-minuteslspeak for no less than two minutes per agenda item and for three minutes on a non-agenda item. (K) The staff liaison shall prepare the board minutes. The minutes of each board meeting must include the vote of each member on each item before the board and indicate whether a member is absent or failed to vote on an item. (L) The city clerk shall retain agendas, approved minutes, internal review reports and bylaws. The (liaison's department name) shall retain all other board documents. The documents are public records under Texas Local Government Code Chapter 552 (Texas Public Information Act). (M) The chair shall adjourn a meeting not later than 10 p.m., unless the board votes to continue the meeting. (N) Each person and board member attending a board meeting should observe decorum pursuant to Section 2-1-48 of the City Code. 1 2 3 4 5 6 7 8 9 -0 1 12 -3 4 5 16 I7 8 -9 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 [(0) A member of the public may not address a board at a meeting on an item posted as a briefing.] ARTICLE 8. COMMITTEESOVORKING GROUPS. COMMITTEES ([Al)The (Name and describe the duties of each Committee, (Name ofthe board) shall have the following committees: If the board does not have any committees, use the following language).* ([Al) The (Manie of the board) will have no committees. ([B]&)Each committee must be established by an affirmative vote of the board. A committee cannot meet until its creation is approved by the Council Audit and Finance Committee. Each committee shall consist of at least three board members appointed by the chair. A staff member shall be assigned to each committee by the director of the (department name). ([G]IDThe board chair shall appoint a board member as the committee chair, with the member's consent. ([G]c) A majority of the total number of appointed committee members constitutes a quorum. ([E]IDEach committee shall meet on a regularly scheduled basis at least quarterly. ([F]IDEach committee shall make an annual report to the board at the January board meeting. ([GlE)Committee meetings must be posted in accordance with Texas Government Code Chapter 551 (Texas Open Meetings Act). ([H]Q)At each committee meeting, a committee member shall sign in on a sheet provided (or if participating virtually via videoconference, send an email as provided by City Code Section 2-1-24(D)) and shall indicate that the member has no conflict of interest with any item on the committee meeting agenda, or identify each agenda item on which the member has a conflict of interest. (H)The (Name and describe the duties ofeach Committee. (Name of the board) shall have the following committees: (OR If the board does not have anv committees, use the followinE laneuagek (H) The (Name ofthe board) currently has no committees. WORKING GROUPS (A) The board can determine the size of a working group but the number o f board members serving on the working group must be less than a quorum o f the board. 1 2 3 4 5 6 7 8 9 10 1 12 3 4 15 6 7 8 -9 20 21 22 23 24 25 26 27 28 29 (B) A working group may designate a chair, with the member's consent, but is not required to do so. (C) Quorum requirements do not apply to working groups. (D) Staff support will not be provided for working groups. (E) Working groups are not required to post their meetings in accordance with the Texas Government Code Chapter 551 (Texas Open Meetings Act). ARTICLE 9. PARLIAMENTARY AUTHORITY. The rules contained in the current edition of Robert's Rules ofOrder shall govern the board in all cases to which they are applicable, except when inconsistent with these bylaws or with special rules of procedure which the board or city council may adopt. ARTICLE 10. AMENDMENT OF BYLAWS. A bylaw amendment is not effective unless approved by Council after review by the Council Audit and Finance Committee. The bylaws were approved by the meeting held on (insert - month date, year). (insert - board name) at their (Signature ofExecutive or StaffLiaison) (Insert - Title - Executive or Staff Liaison)