The following provisions may be used to enforce the code of conduct in § 36.85 and Commissioner adherence to other applicable city charter and ordinance provisions pertaining to Commissioner conduct.
(A) Enforcement actions. The following actions may be taken by the Mayor, at the Mayor's sole discretion and action, or upon a motion to enforce by any Commissioner, seconded and approved by an affirmative vote of four members, directing the Mayor to enforce any provision of these Rules with respect to any Commissioner, staff member, applicant, or other people in attendance:
(1) Warning. A person deemed to be in violation of these rules may be warned of the violation, advised of the governing provision(s), and directed to follow these rules.
(2) Reprimand. After the first warning, the Mayor may reprove or rebuke a person who continues to violate these rules.
(3) Removal. After warning and reprimand, the Mayor may order a person who persists in violation of these rules to vacate the proceedings without further disruption. Immediately subsequent to their removal, an affirmative vote of four members may overturn the Mayor's removal of any person. A Commissioner may only be removed from a Board of Commissioners' meeting by an affirmative vote of four members. Any person who refuses to vacate or further disrupts the proceedings shall be removed by the Chief of Police or their designated officer in attendance. No person may be removed from a meeting merely due to their viewpoint or opinion.
(B) Extension of time. If a violation of these rules disrupts or interferes with any commentary or presentation, the Mayor may, in their discretion or upon motion of any Commissioner, seconded and approved by an affirmative vote of four members, extend the speaker's time to compensate for such disruption or interference.
(C) Temporary recess. If appropriate in providing for the good order and decorum of the proceedings, the Mayor may, in their discretion or upon motion of any Commissioner, seconded and approved by an affirmative vote of four members, call a temporary recess of the proceedings.
(D) Notice. Criminal violation under state law. Any violation of these rules that disrupts, obstructs, and/or interferes with a lawful public meeting may subject the violator to prosecution under state law. See Tex. Penal Code § 42.05, as amended.
(E) Discipline of Commissioner. The Board of Commissioners may discipline a Commissioner who violates this code of conduct, the charter, any other city ordinance, city policy, or acts in a manner that causes embarrassment or disgrace to the City of Burkburnett. No City Commissioner shall be disciplined under this provision except in accordance with the procedures and authority set forth herein.
(1) A Commissioner may request an agenda item to consider discipline of another Commissioner for conduct in violation of these rules.
(2) Upon consideration of the item and motion of any Commissioner, seconded and approved by an affirmative vote of four members, requesting an item to consider discipline of a Commissioner for conduct in violation of these rules, an item will be added to a subsequent Board of Commissioners meeting agenda for discussion in closed executive session in accordance with § 36.34. The member subject to the agenda item shall be present at the executive session to answer any questions asked by a Commissioner or make other statements as he or she may desire to make in his or her defense. If the member subject to the agenda item refuses to attend the executive session, the remaining Commissioners may proceed in his or her absence.
(3) In open session, Board of Commissioners may, by motion of any Commissioner, seconded and approved by an affirmative vote of four members, discipline the offending Commissioner in any single or combination of options as follows:
(a) No action. The Board of Commissioners decides to take no disciplinary action.
(b) Denial of agenda items. The Board of Commissioners decides to deny the offending Commissioner's ability to request agenda items for a certain period not to exceed six months.
(c) Denial of right to participate in the subsequent annual review of the City Manager.
(d) Denial to or restriction of access to city buildings and facilities unless such access is necessary for such Commissioner to conduct official city business as a Commissioner.
(e) Resolution of public censure. The Board of Commissioners decides to publicly censure the offending Commissioner by motion identifying the specific rules(s) or regulation(s) violated and the time, place, and conduct of the Commissioner who is alleged to have violated the rule(s) or regulation(s) via a resolution entered into the public record. A notice of proposed censure must be signed by the Mayor or the Mayor Pro Tem in the case of alleged misconduct by the Mayor.
(Ord. 1010, passed 9-30-21)