City departments may be established, modified and/or abolished by ordinance upon the recommendation of the city manager.
The council, by ordinance, may create, change, and abolish offices, departments, or agencies.
The city clerk shall be known as the officer of public records. The city clerk shall also be the officer in charge of the department of public records.
(Ordinance 3048, sec. 2(16), adopted 4/5/75; Ordinance 4267, sec. 2, adopted 1/16/93; Ordinance 5919 adopted 12/7/15)
(a) 
Appointment and qualifications. The council shall appoint a city manager who shall be the administrative and executive officer of the city. He or she shall be chosen by the council solely on the basis of his or her training, experience, and ability. He or she need not, when appointed, be a resident of the City of Sherman; however, upon acceptance, he or she shall immediately establish his or her residence within the city. The city manager shall receive such compensation as may be fixed by the council.
(b) 
Removal. The city council may contract with the city manager. However, the city manager shall not be employed or appointed for a definite term, but may be removed at the will of the council by a majority vote of all members of the council. If removed at any time after having served six (6) months, the city manager may, within ten (10) days of the order of removal, demand written charges specifying the grounds of the removal, and the right to be heard thereon at a public meeting of the council. Such hearing shall be at a time and on a date set by the council within thirty (30) days from the date of the issuance of the order of the removal of the city manager. Regardless of whether or not a hearing is demanded, the action of the council in removing the city manager shall be final, it being the intention of this charter to vest all authority and fix all responsibility for such removal in the council.
(c) 
Acting city manager. The assistant city manager shall, subject to the approval of the council, exercise the powers and perform the duties of city manager during an absence or disability of the city manager. During such absence or disability, the council may revoke such designation at any time, and appoint another officer of the city to serve until the city manager shall return.
(d) 
Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city. He or she shall be responsible to the council for the administration of all city affairs placed in his or her charge by or under this charter. He or she shall have the following powers and duties:
(1) 
He or she shall appoint all department heads, subject to the approval of the council.
(2) 
The city manager shall appoint and, when necessary for the good of the city, suspend or remove city employees and administrative officers provided for by or under this charter, except as otherwise provided by law, this charter, or personnel rules adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer's department, offices, or agency.
(3) 
He or she shall direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law.
(4) 
He or she shall attend all council meetings, and shall have the right to take part in the discussion, but may not vote.
(5) 
He or she shall see that all laws, provisions of this charter, and acts of the council, subject to enforcement by him or her or by officers subject to his or her direction and supervision, are faithfully executed.
(6) 
He or she shall prepare and submit the annual budget and capital program to the council.
(7) 
He or she shall submit to the council, and make available to the public, a complete report of the finances and administrative activities of the city as of the end of each fiscal year.
(8) 
He or she shall make such other reports as the council may require concerning the operations of city departments, offices, and agencies subject to his or her direction and supervision.
(9) 
He or she shall keep the council fully advised as to the financial condition and future needs of the city, and make such recommendations to the council concerning the affairs of the city as he or she deems desirable.
(10) 
He or she shall perform such other duties as are specified in this charter or as may be required by the council.
(Ordinance 4745, sec. 2, adopted 3/8/99; Ordinance 4927, sec. 4(4), adopted 5/5/01; Resolution 4442 adopted 5/6/03; Subsec. 2(b) amnd. by amendment 5 approved at an election held 5/12/07 and certified by Resolution 5017 adopted 5/22/07)
(a) 
Directors of departments.
At the head of each administrative department there shall be a director who shall be an officer of the City of Sherman, and shall have supervision and control of the department, but said director shall be subject to the control of the city manager, and shall report to him or her.
Two (2) or more departments may be managed by the same director or by the city manager. The city manager may create divisions which shall consist of two (2) or more departments, with directors of departments or the city manager serving as chiefs of the divisions.
(Ordinance 4745, sec. 2, adopted 3/8/99)
There is hereby created and established in the city a court to be known as the Municipal Court of the City of Sherman, which court shall have all the powers and duties that are given and prescribed by the Laws of the State of Texas and shall have the greater possible power in both original and concurrent jurisdiction under the Laws of the State of Texas.
From nominations made by the city manager, the city council shall appoint a judge to preside over said court and to be known as the Municipal Judge of the City of Sherman. The judge shall be an attorney currently licensed under the Laws of the State of Texas, a member in good standing of the State Bar of Texas, and shall be responsible to the city manager. The judge of said court may, with the advice and consent of the city manager, appoint bailiffs and clerical assistants as may be needed in said court. Alternate Judges shall be appointed in the same manner, as needed, and shall have the same qualifications. Such alternate municipal judges shall be authorized to act for and on behalf of the Municipal Judge.
Trial by jury in said court shall be and remain inviolate, and all matters of procedure, writs, fees, fines, and costs shall be as provided by the Statutes of the State of Texas.
(Ordinance 6084 adopted 12/18/17)
From among nominations made by the city manager, the city council shall appoint an attorney currently admitted to practice law before the State Supreme Court, who is not the subject of any ongoing disciplinary investigation or trial, and who possesses the necessary legal transactional and trial training, experience and ability to successfully represent the city in all matters. The city council may contract with the city attorney. The city attorney shall serve at the will of the city council and may be removed by a majority vote of all members of the council. The city attorney shall perform such services as the council or the city manager may direct and shall be responsible and report directly to the city manager and shall timely coordinate with and inform the city manager of all activities of the office. The city attorney shall serve as the parliamentarian for all city council meetings. The city attorney shall be the legal advisor of and attorney for the city, the city council or any member of the council, and all of the officers and departments of the city, in the matters affecting the conduct of city business, and shall represent the city in all legal proceedings, assist in all civil service disciplinary matters and internal affairs investigations, and may, with the approval of the city manager, assign work to specialized outside legal counsel as the need may arise. The city attorney shall aid the city council in any investigations it may conduct. Before the city shall act as a plaintiff or petitioner in any suit and during the defense of any suit, the city attorney shall investigate the facts and legal issues involved and report the findings, conclusions and recommendations to the city council, provided the time to conduct such a process would not cause irreparable harm to the city. The city attorney shall always act in accordance with the promulgated rules, regulations and ethics of the State Bar of Texas.
There may be such assistant city attorneys as may be authorized by the council and appointed by the city attorney with the approval of the city manager, and such assistant city attorneys shall be authorized to act for and on behalf of the city attorney.
(Ordinance 3565, sec. 2, adopted 2/8/82; Ordinance 4745, sec. 2, adopted 3/8/99; Ordinance 4927, sec. 4(5), adopted 5/5/01; Amended by Res. 5017 at an election held on 5/12/07; Amended by Res. 6039 at an election held on 11/3/15)
The city manager, director of public records, the heads of all departments, and all persons authorized to receive or disburse the city's money shall be required to enter into bond in such amount and with such sureties as may be required by resolution or ordinance of the city council. All bonds shall be made payable to the City of Sherman, and shall be conditioned for the faithful performance of the duties of the office as well as faithful accounting to the city of all money, books, and properties which may come into his or her possession.