All powers of the Town shall be vested in the Town Council, except as otherwise provided by law or this Charter, and the Town Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the Town by law.
(A)
Number.
The legislative and governing body of the Town shall be composed of a Mayor and six (6) “Council Members” and shall be known as the “Town Council of the Town of Sunnyvale,” and referred to in this Charter as the Town Council.
(B)
Selection.
The Mayor shall be elected to office at large. The Council Members shall be elected to office at large, but by specific place which shall be designated as Place One (1), Two (2), Three (3), Four (4), Five (5) and Six (6). The Mayor shall be elected in odd number years. Except as set forth in the Transitional Provisions of this Charter, terms of Council Members are staggered so that every year there shall be an election for two (2) of the Places as follows: Places 1 and 2; Places 3 and 4; and Places 5 and 6.
(C)
Term.
The Mayor shall serve a term of two (2) years and shall serve until his/her successor is elected and qualified. Except as set forth in the Transitional Provisions of this Charter, each Council Member shall serve a term of three (3) years and shall serve until his/her successor is elected and qualified. All of the members of the Town Council holding office at the time of passage of this Charter or any amendments to this Charter shall continue to hold their respective office until the respective term for which they were elected expires.
(A)
The Mayor shall preside over the meetings of the Town Council. The Mayor shall participate in the discussion of all matters coming before the Town Council, and shall have a vote on all matters before the Town Council. The Mayor does not have the power to (1) veto any matter before the Town Council or (2) make agreements unless expressly authorized by the Town Council. The Mayor shall represent the Town in intergovernmental relationships, and perform other duties specified by the Town Council and/or imposed by this Charter and by ordinances and resolutions passed in pursuance thereof. Additionally, the Mayor may sign, after authorization by the Town Council, all contracts and conveyances made or entered into by the Town and all bonds, warrants and any other obligation issued under the provisions of this Charter, in the manner prescribed in the ordinance or resolution authorizing the signing of any such obligation. The Mayor shall be recognized as head of the Town government for all ceremonial purposes, and by the Governor for purposes of military law, but shall have no regular administrative duties.
(B)
The Mayor Pro-Tem shall be a Council Member elected by the Town Council. Following each regular Town election and any applicable run-off election, and at the first regular Town Council meeting when the newly elected members of the Town Council are sworn and seated, the Town Council shall elect the Mayor Pro-Tem. The Mayor Pro-Tem shall act as Mayor during the absence or disability of the Mayor and, when doing so, shall have the rights conferred upon the Mayor.
Members of the Town Council shall serve without compensation but may be reimbursed only for actual expenses incurred in the performance of duties required of the members of the Town Council.
(A)
Vacancies.
The office of a Council Member or Mayor shall become vacant upon that person’s death, resignation, forfeiture of office or removal from office in any manner authorized by this Charter or other law.
(B)
Forfeiture of Office.
A Council Member or the Mayor shall forfeit that office if that person:
(1)
lacks, at any time during the term of office for which elected, any qualification for the office prescribed by this Charter or by law;
(2)
violates any express prohibition of this Charter or the Code of Ethics adopted under Section 3.07 of this Charter;
(3)
is convicted of a felony, crime involving moral turpitude or any State law regulating conflicts of interest of municipal officers;
(4)
ceases to be a resident of the Town; or
(5)
must vacate office by the mandate of any other law.
(C)
Office Subject to Forfeiture.
A Council Member or the Mayor who is absent from three (3) consecutive regular meetings, or twenty-five percent (25%) of regularly scheduled meetings during a twelve-month (12-month) period immediately preceding and including the absence in question, without explanation acceptable to the other members of the Town Council, shall be subject to forfeiting his or her position on the Town Council, which forfeiture shall occur upon a vote for such a forfeiture by a majority of the members of the Town Council then qualified and serving.
(D)
Filling of Vacancies; Council Members.
A vacancy in the office of a Council Member shall be filled by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code. If the vacated office is that of Mayor Pro-Tem, the Town Council shall elect a new Mayor Pro-Tem at the next regular meeting. Vacancies filled by special election shall be for the remainder of the term that was vacated.
(E)
Filling of Vacancy; Mayor.
A vacancy in the office of the Mayor shall be filled by appointment by a majority of the members of the Town Council then qualified and serving. The appointment shall be for the unexpired term. The appointment procedure shall be as follows:
(1)
At the next regular Town Council meeting following the vacancy and in compliance with the Texas Open Meetings Act, the Town Council agenda shall include an item for appointing a new Mayor. The Town Council shall make the appointment from the following persons and in the following order, provided that person consents:
(2)
If the Mayor Pro-Tem and all Council Members do not consent, then the Town Council agenda for every regular meeting thereafter shall include an item for appointing a new Mayor until a new Mayor is appointed. At any such meeting and in addition to the persons identified in Section 3.06(E)(1), the Town Council may appoint a qualified person of the public that consents.
(A)
Purpose and policy.
The Town Council shall adopt, maintain and enforce, by ordinance or resolution, a code of ethics for the purpose of, among other things, establishing guidelines for high ethical standards in official conduct by Town officials, employees and appointees. The code of ethics shall establish the policy that Town officials, employees and appointees shall conduct themselves in a manner consistent with sound business and ethical practices, ensuring that the public interest is always considered in conducting Town business, and shall provide guidance in order to instill and maintain a high level of public confidence in the professionalism, integrity, and commitment to the public interest of those in public service. At a minimum, the code of ethics shall include: (1) standards of conduct related to public administration and offenses against public administration, as set out in Chapter 36 of the Texas Penal Code; (2) a travel and expense policy regulating the expenditure of public funds for travel, conferences, and entertainment; (3) policies for reimbursement of actual expenses incurred by members of the Town Council and Boards and Commissions as allowed in this Charter; (4) restrictions on serving as surety for the performance of any person doing business with the Town or as surety for any Town officer or employee required to make a surety bond; and (5) provisions requiring review of the code of ethics at least every five (5) years. The initial adoption of this code of ethics shall occur within one hundred eighty days (180) days of the effective date of this Charter.
(B)
Penalties.
The Town Council shall adopt ordinances providing penalties for violation of the code of ethics, which penalties shall include, but not be limited to, removal from office or appointed position or dismissal from employment for any person found to have willfully violated the code of ethics and additionally that any such person shall be ineligible to hold a Town office, appointed position or employment for five (5) years after removal or dismissal, in addition to any other penalty that may be provided by law or the code of ethics.
(A)
Holding Other Office or Town Employment.
Except where authorized by law, no Council Member or Mayor shall hold any other elected public office during their term on the Town Council. No Council Member or Mayor shall hold any other Town office or Town employment during their term on the Town Council. No former Council Member or Mayor shall hold any compensated appointive office or employment with the Town until one (1) year after the expiration of their term on the Town Council. Nothing in this section shall be construed to prohibit the Town Council from selecting any current or former Council Member or Mayor to represent the Town on the governing board of any Town non-profit corporation, association or agency or any regional or other intergovernmental agency, association or corporation.
(B)
Becoming Candidate for Different Office.
Should the Mayor or any Council Member announce his or her candidacy, or in fact become a candidate, in any general, special or primary election for any office of profit or trust under this Charter, the laws of this State or the United States, other than the office then held, at any time when the unexpired term of the office then held shall exceed one (1) year and thirty (30) days, such announcement of such candidacy shall constitute an automatic resignation of the office then held, and the vacancy thereby created shall be filled as provided herein.
(A)
Regular and Special Meetings.
The Town Council shall meet at least once each month at a time and place which the Town Council may prescribe by rule. Special meetings may be called by the Mayor. On written request of three (3) Council Members, the Mayor shall call a special meeting. Notice of the date, place, time and subject of each meeting shall be in accordance with State law.
(B)
A majority of the members of the Town Council then qualified and serving shall constitute a quorum for the purpose of transaction of business.
(C)
The Town Council shall by resolution or ordinance determine its own rules and order of business. Provision shall be made for the taking of minutes, which minutes shall be a public record.
(D)
Except as prohibited by conflict of interest laws or this Charter, all members present at a meeting of the Town Council shall vote on every action requiring a vote. The nature of a conflict of interest requiring an abstention shall be concisely stated in the minutes.
(A)
The Town Council shall legislate by ordinance only. The enacting clause of every ordinance shall be, “Be it ordained by the Town Council of the Town of Sunnyvale, Texas...”. Each proposed ordinance shall be introduced in the written or printed form required for adoption. No ordinance shall contain more than one (1) subject which shall be clearly expressed in its title. General appropriation ordinances may contain various subjects and accounts for which monies are to be appropriated. After adoption, an ordinance shall not be amended or repealed except by the adoption of another ordinance amending or repealing the original ordinance. Copies of any proposed ordinance, in the form required for adoption, shall be furnished to the Town Council, shall be available at the Town offices and shall be furnished to citizens upon request to the Town Secretary from and after the date on which such proposed ordinance is posted as an agenda item for a Town Council meeting and, if amended, shall be available and furnished in amended form for as long as the proposed ordinance is before the Town Council.
(B)
Except as may otherwise be prescribed in this Charter, an ordinance shall not be finally passed at the meeting of the Town Council at which it is first introduced, but it shall then be read, and the Town Council will determine whether it shall be rejected or further considered at a subsequent meeting of the Town Council. If rejected, no further action shall be required. Upon second reading, the ordinance may be adopted and enacted. The affirmative vote of a majority or more of the members of the Town Council present is required to enact any ordinance, unless a greater number is required by law or this Charter.
(C)
Unless otherwise required by law, every ordinance shall become effective upon adoption or at any later time(s) specified in the ordinance, except that every ordinance imposing any penalty, fine or forfeiture shall become effective only after having been published in accordance with State law.
(D)
If a majority of the members of the Town Council present requests that the ordinance, title, and caption or its entirety be read, it must be read.
(A)
The Town Council may adopt emergency ordinances only to meet public emergencies affecting life, health, property or the public peace. In particular, such ordinances shall not levy taxes, grant or renew or extend a franchise, or regulate the rate charged by any public utility for its services. The borrowing of money pursuant to an emergency ordinance shall comply with the requirements of this Charter for the borrowing of money.
(B)
An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that they shall be plainly designated in the title as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms.
(C)
Notwithstanding the requirements of the preceding Section 3.10 applicable to the passage of ordinances in general, an emergency ordinance may be introduced at any Town Council meeting and can be adopted with or without amendment or rejected at the meeting at which it is introduced. The affirmative vote of a majority of the members of the Town Council then qualified and serving shall be required for adoption.
(D)
Emergency ordinances shall become effective upon adoption and shall be published as soon thereafter as practicable. Every emergency ordinance so adopted, except one authorizing the borrowing of money, as described herein, is automatically repealed as of the sixty-first (61st) day following the day on which it became effective. The ordinance may be re-enacted if the emergency still exists.
The Town Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedures and requirements governing such an adopting ordinance shall be that prescribed for ordinances generally. A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the Town Secretary. Copies of any adopted code of technical regulations shall be available for inspection by the public at the office of the Town Secretary and shall be made available by the Town Secretary for purchase at a reasonable price.
(A)
All ordinances and resolutions adopted by the Town Council shall be authenticated by seal and signature of the person performing the duties of the Town Secretary and numbered consecutively as adopted. They shall be properly indexed and placed in a book kept open for public inspection.
(B)
The Town Council may codify the ordinances of the Town. This codification shall be known and cited as “The Sunnyvale Town Code” and shall be in full force and effect without the necessity of such code or any part thereof being published in any newspaper. The caption, descriptive clause and other formal parts of the ordinances of the Town may be omitted without affecting the validity of such ordinances when codified. Every general ordinance enacted subsequent to such codification shall be enacted as an amendment to the Code. For the purpose of this section, general ordinances shall be deemed to be those ordinances of a permanent or continuing nature which affect the residents of the Town at large. Copies of the Code shall be furnished to Town Officers, placed in Town offices, available for inspection by the public at the office of the Town Secretary and shall be made available for purchase by the public at a reasonable price to be fixed by the Town Council.
(C)
The Town Council shall cause all ordinances and amendments to this Charter to be printed promptly following their adoption. A copy of each ordinance and amendment shall be placed in appropriate Town offices for public reference and shall be available for inspection by the public at the office of the Town Secretary. Printed ordinances and Charter amendments may be sold to the public at a reasonable price to be fixed by the Town Council.
The Town Council, by an affirmative vote of a majority of the members of the Town Council then qualified and serving, shall have the power to inquire into the official conduct of any department, agency, appointed boards, office, officers, employees or appointed board members of the Town. For this purpose, the Town Council shall have the power to administer oaths, subpoena witnesses, [and] compel the production of books, papers, and other evidence material to the inquiry. The Town Council shall provide, by ordinance, penalties for contempt in failing or refusing to obey any such subpoena or to produce any such books, papers or other evidence. The Town Council shall have the power to punish any such contempt in the manner provided by such ordinance.
The Town Council shall require all Town officers and employees who receive or pay out any monies of the Town, before entering upon his/her duties, to execute a good and sufficient bond with a surety company doing business in the State of Texas and approved by the Town Council. The Town Council may require any other Town officer or employee to execute a good and sufficient bond with a surety company doing business in the State of Texas and approved by the Town Council. The premium of any such bond shall be paid by the Town.