1. Types of City Government (.25 hour) 2. Open Meetings (.5 hours) 3. Public Information Act (.5 hour) 4. Economic Development (.5 hour) 5. Municipal Budget and Tax Rate (.5

hour) 6. Ethics (.75 hour) 7. Municipal Finance (.5 hour) 8. Purchasing (.5 hour)

9. Land Use (.5 hour) 10. Annexation (.5 hour) 11. Municipal Court (.5 hour) 12. Liability (.5 hour) 13. Personnel Law (.5 hour) 14. Election Law (.5 hour) 15. Dealing with the Media (.5 hour) 16. Ordinances (.5 hour)

Municipal Law 101

Municipal Law 101 in an Hour?

How About a Few Tips to Avoid Trouble? (PIA, TOMA, “Ethics,” Personnel, & Procurement)

William “King” Cole Workshop Austin, Texas January 27, 2017 TML Attorneys: Christy Drake-Adams Scott Houston Heather Lockhart Zindia Thomas

Texas City Management Association William “King” Cole Session 1 – Basics Austin, Texas January 27, 2017 Presented by Zindia Thomas, TML Assistant General Counsel

Public Information Act Government Code Chap. 552

Definition of Public Information Gov. Code§552.002

• means information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business: (1) by a governmental body; (2) for a governmental body and the governmental body:

(A) owns the information; (B) has a right of access to the information; or (C) spends or contributes public money for the purpose of writing, producing, collecting, assembling, or maintaining the information; or

(3) by an individual officer or employee of a governmental body in the officer's or employee's official capacity and the information pertains to official business of the governmental body.

• Information is in connection with the transaction of official business if the information is created by, transmitted to, received by, or maintained by an officer or employee of the governmental body in the officer's or employee's official capacity, or a person or entity performing official business or a governmental function on behalf of a governmental body, and pertains to official business of the governmental body.

• The definition of "public information" provided by Subsection (a) applies to and includes any electronic communication created, transmitted, received, or maintained on any device if the communication is in connection with the transaction of official business.

Date of Birth HB 760 by Rep. John Raney

Sec. 552.157. EXCEPTION: DATES OF BIRTH. (a) The date of birth of a living person is excepted from the requirements of Section 552.021 but is not confidential under this section, and this section does not make the date of birth of a living person confidential under another provision of this chapter or other law. (b) A governmental body may redact the date of birth of a living person from any information

the governmental body discloses under Section 552.021 without the necessity of requesting a decision from the attorney general under Subchapter G.

(c) Notwithstanding any other law, a county or district clerk and a municipal clerk or secretary may disclose in the ordinary course of business a person's date of birth that is contained in information held by the clerk's or secretary's office, and that disclosure is not official misconduct and does not subject the clerk or secretary to civil or criminal liability of any kind under the law of this state, including any claim for damages in a lawsuit or the criminal penalty imposed by Section 552.352.

Redacting Information Without Requesting an AG Ruling

• Five sections of the PIA permit redaction without a ruling and give the requestor the right to seek a ruling:

• Gov’t Code § 552.130 Information related to a driver’s license, motor vehicle title or registration, or personal identification document

• Gov’t Code § 552.136 Credit card, debit card and access device numbers

• Gov’t Code §§ 552.024/.117, .1175, .138 Personal information of public employees

• Also, requires specific form sent to requestor

Redacting Information Without Requesting an AG Ruling

Other sections that permit redaction: • Social Security numbers – Gov’t Code § 552.147 • Previous determinations • Open Records Decision No. 684 covers several types of information:

– Direct deposit forms – Form I-9 and attachments – W-2 and W-4 forms – Certified agenda and tape of closed meeting – Fingerprints – L-2 and L-3 declarations – Certain email addresses – Military discharge records

Open Meetings Act Government Code Chap. 551

Definitions of Meetings Definition #1

Gov. Code § 551.001(4)(A) • A deliberation • Between a quorum of a

governmental body, or between a quorum of a governmental body and another person,

• During which public business or public policy over which the governmental body has supervision or control

• Is discussed or considered or during which the governmental body takes formal action

Definition #2 Gov. Code § 551.001(4)(B)

• A gathering • That is conducted by the governmental body or

for which the governmental body is responsible; • A quorum of members of the governmental

body is present; • Called by the governmental body; AND • Members of the governmental body: • Receive information from • Give information to • Ask questions of, OR • Receive questions from a third party (this

includes staff) • About public business or public policy which the

governmental body has supervision or control

Instant Messaging for GBs Gov’t Code § 551.006

• Communication between councilmembers about public business or public policy over which the council has supervision or control does not constitute a meeting if certain conditions are met. The communication must be:

– in writing; – posted to an online message board that is viewable and searchable by the public;

and – displayed in real time and displayed on the message board for no less than 30

days after the communication is first posted. The message board: – must be prominently displayed on the city’s primary website and no more than one

click away from the city’s website; – may only be used by city councilmembers (or city employees who post their name

and title and that have received authorization from the council); and – the council may not vote or take action by posting on the city’s online message

board, and if the city removes a posted message, the city must retain the posting for six years.

Repeal of ED Negotiation Closed Meeting Exception

SB 388 by Senator Konni Burton

Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1).

Other Resource TML

www.tml.org

• Ask a TML Lawyer • PIA Information • OMA Information • Open Meeting Act Made Easy

Office of the Attorney General – Open Records Division OAG’s Open Government Hotline (512) 478-OPEN (6736) (877) OPEN-TEX (673-6839). staff answer questions about the Public Information Act and the Open Meetings Act OAG’s Open Government Cost Hotline (512) 475-2497 (888) OR-COSTS (672-6787) staff answer questions about charges relating to the Public Information Act

OAG Open Government Publications

• 2016 Public Information Act Handbook (PDF) • 2016 Open Meetings Act Handbook (PDF)

Ethics: Conflicts & Disclosure Laws

Texas City Management Association William “King” Cole Session 1 – Basics Austin, Texas January 27, 2017 Presented by Christy Drake-Adams, TML Assistant General Counsel

Local Gov’t Code Chapter 176

First Enacted: H.B. 914 (2005) Most Recent Amendment: House Bill 23 (2015), effective September 1, 2015 Purpose: Governmental transparency. Require officers of local government entities and those who contract with local government entities or are considering doing business with a local government entity to disclose business, financial, and family relationships

Who does Chapter 176 impact? • A local government officer of a local governmental

entity (city) • A vendor

Local Government Officer (LGO)

•a member of the governing body •a director, superintendent, administrator, president, or other person designated as the executive officer; or •an agent of a local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of a vendor

“‘Agent’ means a third party who undertakes to transact some business or manage some affair for another person by the authority or on account of the other person. The term includes an employee.”

Vendor

A person who enters or seeks to enter into a contract* with a local governmental entity. The term includes an agent of a vendor. . . . *A written contract for the sale or purchase of real property, goods, services

What Triggers Chapter 176? Three things: 1. A LGO (or LGO’s close family member*) has an employment or business relationship with a vendor resulting in taxable income that is more than $2,500 in the preceding twelve months before becoming aware that person was/is vendor *A person within the first degree by blood or marriage

2. A LGO (or LGO’s close family member*) accepts from a vendor in the preceding twelve months one or more gifts (including transportation, lodging, and entertainment) that have an aggregate value of more than $100 *A person related to another person within the first degree by blood or marriage

3. A LGO has a family relationship* with a vendor *A person within the third degree by blood or second degree by marriage

The local records administrator* must maintain a list of LGOs and make it available to the public and any vendors. LGO form (Form CIS) is filed with local records administrator, not with the Texas Ethics Commission, not later than 5 p.m. on 7th business day after the date become aware of need to file. Vendor form (Form CIQ) is filed with local records administrator not later than the 7th business day after the later of: (1) the date begin discussions/negotiations or submits bid; or (2) the date the vendor becomes aware of need to file. A city that maintains a website is required to post on that website the statements and questionnaires, but doesn’t require disclosure of information excepted under the PIA *city secretary, a person responsible for maintaining city records, or a person who is designated by the city to maintain the statements and disclosures

How is Chapter 176 implemented?

https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm

Why is it important to comply with Chapter 176?

A person who knowingly fails to file the statement commits a Class A, B, or C misdemeanor (depending on amount of contract)

Employee who knowingly fails to comply may be reprimanded, suspended, or terminated Contract may be declared void by the governing body if vendor fails to file Our motto: When in Doubt, Fill it Out!

Gov’t Code Section 2252.908

Adopted: House Bill 1295 (2015), effective September 1, 2015 but only applies to contract entered on or after January 1, 2016 Purpose: Governmental transparency. Reveal to the public who benefits from contracts that are funded with public dollars Charges Texas Ethics Commission with adopting: (1) related rules; and (2) form

Form 1295 • adopted 10/5/15 • amended 4/8/16 Rules (1 TAC Chapter 46) • adopted 11/30/15 (effective 12/24/15) • amended 4/8/16 (effective 5/2/16) • amended 6/1/16 (effective 6/22/16) • amended 12/7/16 (effective 1/1/17)

A city may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295). Applies only to a city contract that either: (1) requires an action or vote by the city council before the contract

may be signed; or (2) has a value of at least $1 million.

What does HB 1295 provide?

Who does HB 1295 impact? •Governmental entity = a city, county, school district, or special-purpose district or authority

•State agency

•Business entity = any entity recognized by law through which business is conducted (sole proprietorship, partnership, corporation) whether for-profit or non-profit. This does not include a governmental entity or state agency.

•Interested party = (1) a person who has a controlling interest in a business entity; or (2) an intermediary (e.g., a broker, attorney who actively participates in the facilitation of the contract or negotiating the contract).

How is HB 1295 implemented? 1. The business entity with which your city is doing business will complete Form 1295 on the

Ethics Commission website (this is an electronic form) -the city may give the business entity an identification number for contract 2. The business entity will print out a hard copy of the Form, it will be signed by an

authorized agent of the business entity and notarized -the Form will contain a unique “certificate number” 3. The signed and notarized form is submitted to the city “at the time the business entity

submits the signed contract” to the city 4. The city will notify the Ethics Commission that it received the completed Form 1295 (this

is done electronically) not later than the 30th day after the date of receiving the disclosure 5. The Ethics Commission makes the completed/acknowledged forms available on its

website within 7 business days

Where can I get more information?

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

Remember: Complying with one statute does not fulfill the obligations imposed by the other In some circumstances, the same financial interest may require an officer, employee, or vendor to file more than one disclosure form

Employment Law

Texas City Management Association William “King” Cole Session 1 – Basics Austin, Texas January 27, 2017 Presented by Heather Lockhart, TML Assistant General Counsel

Overtime Rules Update

• New overtime rules increased salary threshold

for exempt employees from $23,660 to $47,476

• Federal Injunction in late November put the proposed rules on hold

Hiring

• Hiring Authority?

• Drug Testing

• Background Checks

Open Government Laws • Executive session

– Texas Government Code Section 551.074

• Personnel file confidentiality

– SSN is confidential – Salary information is NOT confidential

Texas City Management Association William “King” Cole Session 1 – Basics Austin, Texas January 27, 2017 Presented by Scott Houston, TML General Counsel

• Competitive threshold • Criteria • Exemptions • Construction • Coops • EDCs - H.B. 622 (Leach)