2012 Safe D 11th Annual Conference Things Commissioners Must Do

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Presentation regarding obligations of Emergency Services District Commissioners in Texas at SAFE-D Annual Conference in February 2012

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2012 Safe D 11th Annual Conference Things Commissioners Must Do

  1. 1. Things ESD Commissioners Must Do SAFE-D 11th Annual Conference February 24, 2012 2705 Bee Cave Road, Suite 110 Austin, Texas 78746 (512) 614-0901 www.carltonlawaustin.com ©2012 ©2011
  2. 2. Board of Commissioners Requirements• Oaths of office and statements for Commissioners.• Open Meetings and Open Records Training to be completed by all Commissioners. – Must be completed within 90 days of taking office.• Hold Regular Monthly Meetings 2705 Bee Cave Road, Suite 110 Austin, Texas 78746 (512) 614-0901 www.carltonlawaustin.com ©2011
  3. 3. Training• Must obtain at least six hours of certified continuing education at least once in a two-year period and may carry forward not more than three hours from one period to the next.• For purposes of removal of a commissioner, “incompetency” includes failure to comply with training requirements. 2705 Bee Cave Road, Suite 110 Austin, Texas 78746 (512) 614-0901 www.carltonlawaustin.com ©2011
  4. 4. What Kind of Training?• Training topics under HB 1619 as originally filed: – district responsibilities; – board responsibilities; – government administration; – ethics laws relating to public officers; and – the governance and management of emergency services.• HB 1619 did not pass and these requirements are not in current law, but serve 2705 Bee Cave Road, Suite 110 as guidance Austin, Texas 78746 (512) 614-0901 www.carltonlawaustin.com ©2011
  5. 5. Offices and Meetings• Establish District Administrative Office and publish notice of location in newspapers within 60 days of Commissioner qualification.• Election of President, Vice President, Treasurer, Secretary and Assistant Treasurer. 2705 Bee Cave Road, Suite 110 Austin, Texas 78746 (512) 614-0901 www.carltonlawaustin.com ©2011
  6. 6. Budget and Tax Rate• Schedule meetings and public hearings on Budget and Tax Rate to comply with Truth- in-Taxation requirements.• Adopt Budget by September 30th.• Adopt Tax Rate by September 30th or within 60 days after tax roll certification. 2705 Bee Cave Road, Suite 110 Austin, Texas 78746 (512) 614-0901 www.carltonlawaustin.com ©2011
  7. 7. Miscellaneous Financial Issues• Adopt Resolution Establishing District Fiscal Year.• Establish District Depository.• Open District bank account(s), and investment account(s).• File Audit with County• Adopt Investment Policy 2705 Bee Cave Road, Suite 110 Austin, Texas 78746 (512) 614-0901 www.carltonlawaustin.com ©2011
  8. 8. Reporting and Registrations• Register/File Report with Texas Department of Agriculture.• Obtain a federal tax identification number for the District.• Obtain a taxing unit identification number from the Texas Comptroller 2705 Bee Cave Road, Suite 110 Austin, Texas 78746 (512) 614-0901 www.carltonlawaustin.com ©2011
  9. 9. Recordkeeping• Approve a Records Management Program, including: – Order Establishing Records Management Program, Appointing Records Management Office, and Appointing Public Information Coordinator; and – Declaration of Compliance with Records Scheduling Requirement of the Local Government Act. – File with State Library and Archives 2705 Bee Cave Road, Suite 110 Austin, Texas 78746 (512) 614-0901 Commission. www.carltonlawaustin.com ©2011
  10. 10. Other Training• NIMS 100• NIMS 200• NIMS 700• NIMS 800 – All needed to comply with terms of federal grants 2705 Bee Cave Road, Suite 110 Austin, Texas 78746 (512) 614-0901 www.carltonlawaustin.com ©2011
  11. 11. Questions? 2705 Bee Cave Road, Suite 110 Austin, Texas 78746 (512) 614-0901 www.carltonlawaustin.com ©2012 ©2011
  12. 12. Things ESD Commissioners Must Do John J. Carlton The Carlton Law Firm, PLLC 2705 Bee Cave Road, Suite 110 Austin, Texas 78746 (512) 614-0901 john@carltonlawaustin.com 2705 Bee Cave Road, Suite 110 Austin, Texas 78746 (512) 614-0901 www.carltonlawaustin.com ©2011

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