20201027-B3: Amending Bylaws — original pdf

Recommendation

BOARD/COMMISSION RECOMMENDATION CITY OF AUSTIN PARKS AND RECREATION BOARD RECOMMENDATION NUMBER: 20201027-B3: RELATED TO AMENDING THE PARKS AND RECREATION BOARD BYLAWS TO TERMINATE THE LAND, FACILITIES AND PROGRAM COMMITTEE AND ESTABLISH THE FINANCE COMMITTEE WHEREAS, Article 8 of the Bylaws of the Parks and Recreation Board (PARB) mandate creation and composition of the Contracts and Concessions Committee and the Land, Facilities and Program Committee of the PARB (LFP Committee); and WHEREAS, the PARB has considered the value of the LFP Committee based on the LFP Committee’s meeting history, the subjects reviewed by the LFP Committee, and the need for the full board to review and debate subjects already reviewed and recommended by the LFP Committee; and WHEREAS, based on its review of the value of the LFP Committee, the PARB has determined that the PARB Board and PARD staff time could be better utilized than in continuing the LFP Committee and the LFP Committee should be terminated; and WHEREAS, based on its review of the matters considered by the full PARB, the PARB has determined that it would benefit from the education and development of a depth of knowledge of PARD financial matters by a permanent standing committee of PARB members; and WHEREAS, the COVID-19 pandemic, changes to state law regarding property taxes, and other circumstances may cause financial impacts to PARD and PARB considers these circumstances to further justify the need for a permanent standing committee that can assist PARD in determining how to best manage financial matters; and WHEREAS the PARB would like a Financial Committee to be established as a permanent committee; and WHEREAS, the PARB intends that this Financial Committee shall consist of members that serve in an advisory committee to the full board on issues of budget, fees, revenue, funding and other financial matters of the Parks and Recreation Department; and WHEREAS, the PARB intends that once established, the Financial Committee would set an annual agenda for itself each year outlining the financial items meriting consideration, including the PARD proposed budget prior to presentation and consideration of the budget by the PARB, a review of fees charged by PARD, and research, review and recommendation of funding mechanisms for the acquisition and development of parkland and operations and management of Parks and Recreation facilities and programs; and NOW THEREFORE, BE IT RESOLVED, that the PARB recommends to the Council Audit and Finance Committee to consider and approve the bylaw amendment attached as Attachment 1 to this Resolution, that would terminate the PARB LFP Committee and replace it with the PARB Finance Committee. Date of Approval: October 27, 2020 Record of the vote: Approved on an 8-0 vote, with Vice Chair Farasat and Board Member Luca absent and Board Member Morgan off the dais. Attest: _____________________________________________ (Staff or board member can sign) ATTACHMENT 1 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 BYLAWS OF THE Parks and Recreation Board ARTICLE 1. NAME. The name of the board is Parks & Recreation Board ARTICLE 2. PURPOSE AND DUTIES. The purpose of the board is to advise the city council and the city manager regarding: 1. the acquisition, development, improvement, equipment, programming, and maintenance of all land and facilities managed by the Parks and Recreation Department of the City of Austin; 2. the purchase of additional land to be managed by the City of Austin Parks and Recreation Department. The board shall outline a general plan of development for land, facilities, and programs. The board may submit the plan to the Planning Commission and the City Manager for detail development, and the City Manager may then submit the plan to the City Council for approval as may be required by Code. The board shall promote close cooperation between the City and all private citizens, institutions, and agencies interested in or conducting recreational activities, so that all recreational resources within the City may be coordinated to secure the greatest general public welfare. The board shall perform other duties as prescribed by the City Code or as directed by the City Council. 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 official capacity except through the action of the board. (E) A board member who is absent for three consecutive regular meetings or one-third of 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 of the board member, an illness or injury of a board member ' s ATTACHMENT 1 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 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 of the reason for the absence not later than the date of the next regular meeting of 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 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 officers of the board shall consist of a chair and a vice-chair. ARTICLE 4. OFFICERS. (8) Officers shall be elected annually by a majority vote of the board at the first regular meeting after April 1st. In the event a current officer becomes ineligible to serve as an officer, the board may hold an emergency election as needed. (C) The term of office shall be one year, beginning May 1st and ending April 30th. An officer may • continue to serve until a successor is elected. A person may not serve as an officer in a designated position of 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 of the 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 functions and approve each final meeting agenda. (B) In the absence of the chair, the vice-chair shall perform all duties of 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 five days before the meeting. After first consulting with and receiving input from the staff liaison, the chair shall approve each final meeting agenda. ATTACHMENT 1 (B) The board liaison shall submit the meeting agenda through the online agenda posting system for each meeting not less than 72 hours before the meeting. (C) Posting of the agenda must comply with Texas Government Code Chapter 551 (Texas Open Meetings Act). Meetings Act). (A) The board meetings shall comply with Texas Government Code Chapter 551 (Texas Open ARTICLE 7. MEETINGS. (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 monthly. In November of each year, the board shall adopt a schedule of 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 of 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 citizens to address the board on agenda items and during a period of time set aside for citizen communications. The chair may limit a speaker to three minutes. (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 Parks and Recreation Department shall retain all other board documents. The documents are public records under Texas Local Government Code Chapter 552 (Texas Public Information 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 ATTACHMENT 1 meeting. (M) The chair shall adjourn a meeting not later than 10 p.m., unless the board votes to continue the (N) Each person and board member attending a board meeting should observe decorum pursuant to Section 2-1-48 of the City Code. (0) A member of the public may not address a board at a meeting on an item posted as a briefing. ARTICLE 8. COMMITTEES/WORKING GROUPS. COMMITTEES (A) The Parks & Recreation Board shall have the following committees: a. The Contracts and Concessions Committee shall serve in an advisory capacity to the full board on issues related to contracts managed by the Parks and Recreation Department, not contracts managed by other departments that would ordinarily go to the City Council for approval because they exceed the dollar amount of the City Manager's authority, or are interlocal agreements. The Committee shall serve in an advisory capacity to the full board with respect to agreements covered by §8-1-62 of the City Code. The Committee may serve in an advisory capacity to the board's representative under §8-1-74 of the City Code with respect to boating concessions. b. The Land, Facilities, and ProgramFinancial Committee shall consist of members that serve in an advisory capacity to the full board on issues of budget, including fees, revenue, funding and other financial matters of the Parks and Recreation Department. development and programs of the public parks, playgrounds, and recreational facilities and the general welfare of the parks, playgrounds and recreational facilities. (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 Parks & Recreation Department. (C) The board chair shall appoint a board member as the committee chair, with the member's consent. (D) A majority of the total number of appointed committee members constitutes a quorum. (E) Each committee shall meet on a regularly scheduled basis at least quarterly. (F) Each committee shall make an annual report to the board at the January board meeting. (G) Committee meetings must be posted in accordance with Texas Government Code Chapter 551 (Texas Open Meetings Act). (H) At each committee meeting, a committee member shall sign in on a sheet provided 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. 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 2624 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Formatted: Indent: Left: 0.11", Hanging: 1.27", Line spacing: Exactly 13.25 pt ATTACHMENT 1 WORKING GROUPS (A) The board can determine the size of a working group but the number of board members serving on the working group must be less than a quorum of the board. (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 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 the Council Audit and Finance Committee. The bylaws were approved by the Austin City Council at their meeting held on November 3, 2016. (Signature) Vera Labriola (Staff Liaison) 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