Austin |
Code of Ordinances |
Title 2. ADMINISTRATION. |
Chapter 2-1. CITY BOARDS. |
Article 1. GENERAL PROVISIONS. |
Division 2. Member Requirements. |
§ 2-1-21. ELIGIBILITY REQUIREMENTS AND REMOVAL.
(A)
A board member is appointed by and serves at the pleasure of the city council.
(B)
A person must be a resident of the City to be eligible for appointment to a City board, unless an exception to the residency requirement is created by federal or state law, the City Charter, a City ordinance, or other council action. A board member who was required to be a resident of the City when appointed and who moves his primary residence outside of the City limits vacates his position on the date he moves his residence, subject to the hold over provision in Section 2-1-27 ( Vacancy and Hold Over Capacity ).
(C)
A person who is registered or is required to register as a lobbyist under Chapter 4-8 ( Regulation of Lobbyists ), or who is employed by a person registered or required to register under that chapter, is not eligible to serve on a board until the expiration of three years after the date that the person ceases to be registered, is required to be registered, or is employed by a person registered or required to be registered. A person who was not required to register as a lobbyist and who was not employed by a person required to register as a lobbyist before June 1, 2017, is exempt from this subsection until November 1, 2017.
(D)
A board member whose years of service exceed the limitation prescribed by Section 2-1-22 ( Membership Term And Limitation ) is not eligible for reappointment.
(E)
A person must file a written application with the city clerk to be eligible for appointment to a City board.
(F)
After a person is appointed to a board, the person is not eligible to begin service until the person has signed a written acknowledgment stating that the person:
(1)
has taken the oath of office;
(2)
has received a copy of and agreed to comply with the City's ethics and personal responsibility guidelines; and
(3)
has agreed to complete the training required by Section 2-1-23 (Training).
(G)
To maintain eligibility, a board member must:
(1)
complete the board training required by Section 2-1-23 ( Training );
(2)
comply with Section 2-7-72 ( Public Financial Statements ), if applicable;
(3)
comply with the attendance requirements of Section 2-1-26 ( Attendance Requirements And Automatic Vacation ); and
(4)
comply with the residency requirements of Subsection 2-1-21(B).
(H)
A person may not serve on more than one City-established board simultaneously, except as a representative of another board or as required by federal or state law or City ordinance or resolution.
(I)
A board member who becomes ineligible to serve under federal or state regulation may not continue to serve even though a successor has not been appointed.
(J)
A board member may be removed at any time by an affirmative vote of the majority of the council.
(K)
Unless otherwise provided by this chapter, a City employee may not serve as a member of a City board if:
(1)
the employee is classified at the executive level;
(2)
the employee is required to file an annual financial statement;
(3)
the employee works for the Law Department, the Financial Services Department, the Purchasing Department, or the Project Management Division of the Public Works Department;
(4)
the employee is a purchasing agent or has the authority to purchase or contract for the City;
(5)
the subject matter within the scope of the City department in which the City employee is employed makes it likely that the board will consider subject matter related to the City department; or
(6)
the City department in which the City employee is employed provides staff support to the board.
Source: Ord. 20071129-011; Ord. 20080618-030; Ord. 20090611-022; Ord. 20101209-003; Ord. No. 20170518-044 , Pt. 1, 5-29-17; Ord. No. 20170831-056 , Pt. 1, 9-11-17.