(A.) 
CREATION OF DEPARTMENTS
The City Commission may establish City departments, offices, committees, board[s] or agencies in addition to those created by this Charter and may prescribe the functions of all departments, office, committees, boards, and agencies except that no function assigned by this Charter to a particular department, office, committee, board or agency may be discontinued or, unless this Charter specifically so provides, assigned to any other. Members for any newly created committee or boards shall be appointed by the City Commission and to serve without compensation. The management of and functioning of all newly created departments, offices, committees, boards and agencies shall be in compliance with this Charter.
(B.) 
DIRECTION BY CITY MANAGER
All departments, offices and agencies under the direction and supervision of the City Manager shall be administered by an officer or director appointed, compensated, and if need be, removed in accordance with this Charter, by and subject to the direction and supervision of the City Manager. With the consent of the City Commission, the City Manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them.
(C.) 
EMPLOYED IN OR SUPERVISED MORE THAN ONE FUNCTION
Any City employee may be employed in the service of more than one office, department, committee, board, and/or agency. Setting the compensation of any such individual as previously prescribed, who is a director or employed in the service of more than one office, department, etc., consideration shall be given to the amount of time required for performing the duties of each such offices, departments, etc. In removing at least one department’s responsibility from a Director who has the responsibility of more than one office or department reasons for such removal shall be made public record, however, it shall not be necessary to show cause.
(D.) 
REPORTS
The City Manager, all Department Directors, other City officers or their chosen representative, shall once a month report to the City Commission at a regular scheduled open meeting on the City’s business activities for the past month and what they anticipate for the ensuing month. In addition, they shall be available for the City Commission if they so desire, to ask them questions concerning the City’s business.
(A.) 
MERIT PRINCIPLE
All appointments and promotions of City officers and employees shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence.
(B.) 
PERSONNEL DIRECTOR
There shall be a personal director, appointed, compensation fixed, and, if need be, removed, by the City Manager as provided for in Section 4.01 & 4.11, who shall administer the personnel system of the City.
(C.) 
PERSONNEL RULES
The personnel director shall prepare personnel rules. When approved by the City Manager, the rules shall be proposed to the City Commission, and the City Commission may by ordinance adopt them with or without amendment. These rules shall provide for:
1. 
The classification of all City positions, based on duties, authority and responsibility of each position, with adequate provision for reclassification of any position whenever warranted by changed circumstances;
2. 
A pay plan for all City positions;
3. 
Methods for determining the merit and fitness of candidates for appointment or promotion;
4. 
The policies and procedures regulating reduction in force and removal of employees;
5. 
The hours of work, attendance regulations and provision for sick and vacation leave;
6. 
The policies and procedures governing persons holding provisional appointments;
7. 
The policies and procedures governing relationship with employee organizations;
8. 
Policies regarding in service training programs;
9. 
Grievance procedures;
10. 
Other practices and procedures necessary to the administration of the City personnel system.
(D.) 
EMPLOYMENT APPLICATIONS
All employment applications shall be referred to and discussed with the appropriate department director before hiring.
(E.) 
FINAL GRIEVANCE PROCEDURE
If, after following the grievance procedures outlined by the City’s personnel rules, a City employee does not receive satisfactory results, the employee may present his grievance to the City Commission in accordance with governing law.
There shall be a legal officer of the City (may be designated as “City Attorney”), appointed by the City Commission who shall serve as chief legal advisor to the City Commission, the City Manager and all City departments, offices and agencies, and who shall represent the City in all legal proceedings and shall perform any other duties prescribed by this Charter or by ordinance.
The legal officer and any assistant legal officers (may be designated “Assistant City Attorneys”) authorized by the City Commission must be authorized to practice law before the State of Texas. No employment contract longer than one (1) year period shall be agreed upon.
There shall be a Consultant Engineer of the City or firm of such engineers, appointed by the City Commission who shall serve as engineering advisor to the City Commission, the City Manager and all City departments, offices and agencies and who shall represent the City in all Engineering proceedings and shall perform any other duties prescribed by this Charter or by ordinance.
The Consultant Engineer or a firm of such Engineers shall be a Professional Engineer, registered in the State of Texas to practice Engineering and shall have four (4) years of experience in handling engineering problems faced by public municipalities. Compensation shall be fixed by the City Commission.
(A.) 
There shall be established and maintained a court designated as “Municipal Court” for the trial of misdemeanor offenses with all such powers and duties as are now or hereafter may be prescribed by the governing laws relative to Municipal or Recorder’s Courts. The City Commission by affirmative vote of a majority of all its members shall appoint an officer, a Judge, of said Court, fix compensation for said Judge, and, when necessary, remove said Judge, all in accordance with governing law, the Charter, and, in particular, Section 4.11, including par. (E.). There shall not be a contract, in any form, agreed upon which City Commission [sic] shall exceed one (1) year. No member of the [City Commission] shall be the Judge during his tenure of office on the City Commission or within three years after such tenure has expired. The Judge with the Consent of the City Commission may serve as Head of other departments and/or offices as prescribed by this Charter and in particular, Section 4.01, except said Judge shall not be the Legal Officer, Auditor, and/or Director of the Police Department.
(B.) 
The clerk of said Court and his deputies shall have the power to do and perform any and all acts usual and necessary by the Clerk of Courts in issuing process of said Courts and conducting the business thereof, subject to the approval of the City Commission. The appointment of Clerk and deputies shall be appointed by the City Commission in accordance with Section 4.02 and after considering recommendations from the Judge and City Manager. Compensation of Clerk and deputies shall be fixed by the City Commission.
There shall be established and maintained a Department of Water, a Department of Sewer, a Department of Streets and Drainage (in addition this department shall include the responsibility of curbing, guttering, sidewalks and alleys), a Department of Parks and Public Buildings and a Department of Garbage and Brush Collection. The Departments shall be under the supervision and direction of the City Manager. In addition, each Department shall be supervised by a Director appointed, compensated, and, if need be, removed, in accordance with Section 4.11.
There shall be established and maintained a Department of Police to preserve order within the City and to secure the residents of said City from violence and the property therein from injury or loss. The department shall be under the supervision and direction of the City Manager. In addition, the Department shall be supervised by a Director appointed, compensated, and, if need be, removed, in accordance with Section 4.11. The said Director may be designated “Police Chief” or “Chief of Police”.
There shall be a City Inspector, titled “Fire Marshall” who shall inspect buildings, equipment, and construction of buildings and equipment to insure as humanly as possible, the safety and consumer protection of the citizens in the area of the City and an open fair competitive market, both in accordance with the law and City Ordinance. The Fire Marshall shall perform any other duties as prescribed by law, ordinance or at the direction of the City Manager. The Fire Marshall shall be under the supervision and direction of the City Manager and shall be appointed, compensated, and, if need be, removed, in accordance with Section 4.11.
There shall be established and maintained a volunteer Fire Department for the prevention, as much as humanly possible of fires, and limiting the destruction, injury, or loss of property or life due to fires. When deemed necessary by the City Commission or the City Manager the Department may come in the aid of the City or the Citizen who may be faced with a destructive crisis other than a fire. The Department shall establish its own Charter and by-laws. The Department’s members shall elect its own officers as designated in its Charter and by-laws. All personnel employed by the Department other than its members and officers shall be appointed by the City Commission in accordance with Section 4.02 and upon recommendations from the Chief of the Department and City Manager. Supervision of these personnel shall be at the discretion of the City Commission. Compensation of the Department’s members and officers shall be fixed by the City Commission. In an emergency the City may solicit the aid of Fire departments of the surrounding communities.
(A.) 
Appointment of Directors of Departments by City Manager: The City Manager, with the approval of the City Commission, shall appoint those Directors of Departments under his supervision and direction in accordance with the Charter, as specified elsewhere, and with the following procedures:
1. 
At least eighteen (18) days shall be allowed for receipt of applications after the City Manager has spent at least five (5) days actively advertising for applications for the Department in need of a Director.
2. 
The need for a Department Director shall be at least, but not exclusive, advertised in the local news media, and through an employment agency.
3. 
Applicants shall furnish the City a resume of qualifications.
4. 
Each of the applicants shall be offered an opportunity of an interview with the City Manager before appointment is made.
5. 
The City Manager may personally seek out applicants.
6. 
After receiving all applicants the City Manager, with the approval of the City Commission, shall make the appointment.
7. 
If appointment is refused, the City Manager, with the approval of the City Commission, shall appoint another applicant or begin with step one again.
8. 
The newly appointed Director’s application, resume, interview results and other related material shall be made public record. In addition, all other applications, resumes, interview results and other related material shall be kept with the City’s records, in accordance with governing laws.
9. 
No employment contract for more than a one (1) year period shall be agreed upon.
10. 
The Department Director need not be a resident of the City or the State of Texas at the time of his appointment and he may reside outside the City subject to approval of the City Commission.
(B.) 
COMPENSATION FOR THE DIRECTORS OR [OF] DEPARTMENTS
The Directors of Departments compensations shall be determined in accordance with the Charter as specified elsewhere and with the following:
1. 
The compensation shall be comparable, primarily, with similar Department Directors of other cities in the County of Hidalgo and, secondly, with the current average open market rate for similar Department Directors.
2. 
In making a comparison between this City’s Department Director and those of other cities, the following factors, but not exclusive, shall be considered: The Directors current compensation, the City’s population size, the City’s previous fiscal years total expenditures, the City’s area cost of living, the Directors’ experience, training, education, and technical skills, and the responsibilities demanded of the Director.
3. 
All information obtained for making the compensation comparison as described in the previous paragraphs one (1), and two (2), shall be made public record.
(C.) 
REMOVAL OF DIRECTORS OF DEPARTMENTS
The City Manager, when he deems it necessary for the good of the service, and with the approval of the City Commission, may suspend or remove any of the Department Directors in accordance with this charter, as specified elsewhere, and with the following:
1. 
He shall suspend the Department Director from duty for a period of at least fourteen (14) days and for a period not to exceed thirty (30) days.
2. 
A copy of the notice of suspension and impending removal, with reasons, shall be delivered promptly to the Department Director.
3. 
After suspension period, the City Manager, with the approval of the City Commission, may remove the Department Director from his duty.
4. 
The reasons for removal shall be made public record ten (10) day[s] before final removal.
5. 
The Department Director shall continue to receive his salary until the effective date of removal.
6. 
In removing a Director from office, it shall not be necessary to show cause.
(D.) 
ACTING DIRECTORS OF DEPARTMENTS.
The City Manager may appoint a temporary Department Director during temporary absence of such Director or Disability or during permanent absence of such Director until a permanent appointment may be made.
(E.) 
ALLOWING APPLICATION OF THIS SECTION TO CITY COMMISSION
When elsewhere in this Charter reference is made to this Section 4.11 with respect to the City Commission appointing an individual to a particular City office or position, compensating said individual and if necessary removing said individual, then where said section states or makes reference to “City Manager” it shall now state or make any reference to “City Commission” and where said section states or makes reference to “Directors of Departments” or “Director(s)” or “Department Director(s)” it shall now state or make any reference to said City office or position. If the City Commission desires not to renew said individual’s contract, it shall do only such in accordance with Section 4.11 (C) with changes as previously noted herein. In addition, there shall not be a contract, in any form, agreed upon which shall exceed one (1) year.