HomeMy Public PortalAboutResolution No. 535-21 03-22-2021 RESOLUTION 535-21
A RESOLUTION OF THE RICHLAND HILLS CITY COUNCIL
AMENDING THE CITY COUNCIL RULES OF PROCEDURE BY
ADDING SUBSECTION 11.C.4., TO ESTABLISH COUNCIL MEETINGS
AS CAMPAIGN FREE ZONES;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Richland Hills is a home rule city acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code;and
WHEREAS,Section 255.003 of the Texas Election Code expressly prohibits expending funds
for political advertising; and
WHEREAS, in 2002 the Texas Ethics Commission issued several rulings defining situations
that constitute the spending of public funds, and the Commission found that the "spending" of public
funds includes the use of facilities maintained by a political subdivision. Opinion No. 443 (2002); and
WHEREAS, in 2020, the Commission determined that the spending of public funds
includes use of a political subdivision's resources, including employees' work time, facilities, and
equipment. Ethics Advisory Opinion No. 552; and
WHERAS,the City Council meeting is a limited public forum;and
WHEREAS,the City Council deems it appropriate to make City Council meetings campaign
free zones so as not to violate state law and to encourage orderly and efficient meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS,TEXAS:
SECTION 1.
AMENDMENT
Subsection 11.C.4., Section 11,"Citizens and Other Visitors,"of the City Council Rules of Procedure
is added to read as follows:
(4) Council meetings are campaign free zones, and therefore citizen comments
may not contain campaign messages for or against the election of any
candidate. Provided, nothing in this Policy shall prohibit the City Council
from discussing matters pending before the body concerning the merits of
placing a measure on a ballot or factual matters relating to a measure, or a
candidate addressing the Council on a matter of public concern.
SECTION 2.
REMAINDER OF RULES UNCHANGED
The City Council Rules of Procedure previously approved and adopted by the City Council,
except to the extent amended herein,shall remain unchanged.
SECTION 3.
EFFECTIVE DATE
This Resolution shall be effective upon its adoption.
Passed and approved this 22nd day of March, 2021
CITY OF RICHLAND HILLS,TEXAS
HE HONORABLE_ YOR E ARD LOPEZ
ATTEST:
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CATHY BODUG,CITY SEC Y 1 ' . ' ���,•..�
APPROVED AS TO FORM AND LEGALITY: :�' 0‘ - � a
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BETSY ELAM, ITY TTORNEY