The governing and lawmaking body of the City shall consist of
the Mayor and five (5) Councilmembers and shall be known as the City
Council.
(a)
The members
of the Council shall be elected and hold office as herein provided.
All members of the Council, and the Mayor, shall be elected under
the place system. The Mayor and each member of the Council shall hold
office for a three (3) year term. Upon expiration of the terms of
the current Mayor and Councilmembers, their successors shall be elected
for terms as follows:
Place 1 and Place 3 and the Mayor shall be elected for a term
of three (3) years, beginning with the regular City election held
on the first Saturday in May, 1997.
Place 2, Place 4 and Place 5 shall be elected for three (3)
year terms, beginning with the regular City election held on the first
Saturday in May, 1998.
Upon the expiration of the above terms of the Mayor and Councilmembers,
their successors shall be elected for terms of three (3) years. All
places, including Mayor, will be elected at large.
(a)
A person
who has served as Mayor or Councilmember for three consecutive terms
shall not again be eligible to become a candidate for, or to serve
in the office of, Mayor or Councilmember until the second general
election after the third consecutive term has expired.
(b)
For the
purposes of this section, a term of office shall be defined as an
elected period of three (3) years (defined as from general election
date to general election date). A person elected to fill an unexpired
term may serve three additional consecutive terms.
(c)
This
provision shall apply to all elections held subsequent to the adoption
of this charter, as amended.*
*This provision was amended by an election held on November
4, 2014.
(Amended by Ordinance 14-047 at
an election held on November 4, 2014, prop. 4)
(a)
Candidates.
Each person who becomes a candidate for Mayor or Councilmember
shall meet the following qualifications:
(1)
be
at least twenty-one (21) years of age;
(2)
be
a citizen of the United States;
(3)
be
a qualified voter of the City;
(4)
reside
and have resided for at least twelve (12) months preceding the election
within the corporate limits of the City;
(5)
no
candidate may file for more than one office or position number per
election;
(6)
no
employee of the City shall continue in such position after becoming
a candidate for an elective office.
(b)
When
any member of the Council no longer possesses all of the qualifications
specified in this section, or is convicted of a felony or any offense
involving moral turpitude while in office, the office shall immediately
and automatically become vacant. The Council shall be the judge of
the qualifications of its members and for these purposes shall have
the power to subpoena witnesses and require the production of records,
but the decision of the Council in any case shall be subject to review
by the courts.
The members of the Council shall serve without pay or compensation;
provided, however, that they shall be entitled to reimbursement for
expenses in the performance of their specific duties when approved
by the Council.
The Mayor shall preside over the meetings of the Council, and
perform such other duties consistent with the office as may be imposed
upon him by this Charter, and by ordinances and resolutions passed
in pursuance thereof. He shall participate in the discussion of all
matters coming before the Council and he shall have a vote only to
break a tie vote on matters before the Council. He shall sign, after
authorization by the Council, all contracts and conveyances made or
entered into by the City, and all bonds, warrants and any other obligation
issued under the provisions of this Charter, in the manner prescribed
in the ordinance authorizing the signing of any such obligation. He
shall be recognized as the official head of the City by the courts
for the purpose of enforcing military law and for all ceremonial purposes.
At the first meeting after each general election or general
election run-off, if any, or as soon thereafter as practicable, the
Mayor shall, with the approval of the Council, appoint one of the
Councilmembers as Mayor Pro Tem who shall hold office for one (1)
year. The Mayor Pro Tem shall perform the duties of Mayor in case
of the absence or disability of the Mayor.
(a)
Vacancies.
The office of the Mayor or a Councilmember shall become vacant
upon the Mayor or Councilmember’s death, resignation, removal
from office (in any manner authorized by law) or forfeiture of office.
(b)
Forfeiture
of Office.
The Mayor or a Councilmember shall forfeit
his or her office if during a term of office, the Mayor or Councilmember:
(1)
lacks
any qualification for the office prescribed by this charter or by
other law;
(2)
violates
any expressed prohibition of this charter;
(3)
is
convicted of a felony crime or is convicted of a crime involving moral
turpitude; or
(4)
fails
to attend two consecutive regular meetings of the Council without
being excused by the Council.
(c)
Filling
of Vacancies.
If a vacancy occurs in the position of Mayor or Council member, a special election shall be held on the next election date authorized by the Texas Election Code that is at least 45 days after the vacancy occurs for the purpose of filling the vacancy. If the vacancy occurs within ninety (90) days prior to a general election, the vacancy shall be filled at the general election. All vacancies filled under this Section 2.08(c) shall be for the unexpired term of the office filled.
The Council shall hold at least one (1) regular meeting each
month on the second Monday evening of the month at a time to be fixed
by ordinance, unless the dates fall on a regularly observed City holiday,
provided that the Council may establish as many additional regular
meetings during the month as may be necessary for the transaction
of the business of the City and its citizens. All meetings of the
Council shall be open in accordance with and except as provided by
the Texas Open Meetings Act, Chapter 551, Government Code, Vernon’s
Texas Codes Annotated, and shall be held at the City Hall, except
that the Council may designate another place for the meetings.
The Mayor or two or more members of the Council may call special
meetings by giving notice to the City Secretary who shall notify each
member of the Council of the time of the meeting and its purpose.
Only matters set forth in an agenda posted in accordance with the
Texas Open Meetings Act, Chapter 551, Government Code, Vernon’s
Texas Codes Annotated, shall be considered.
(Amended by Ordinance 14-047 at
an election held on November 4, 2014, prop. 1)
(a)
The Council
shall provide for citizen participation at any regular scheduled meeting
with regard to any matter under consideration in accordance with rules
and regulation for all meetings, and such minutes shall be a public
record. Minutes of all meetings of the Council shall be promptly entered
within forty-eight (48) hours after approval in the permanent official
record of the City, and the City Secretary, or other designated person,
shall at the same time provide a permanent and adequate index showing
the action of the Council in regard to all matters submitted to it
at both regular and special sessions. Voting, except on procedural
motions, shall be by roll call and shall be recorded in the minutes.
The vote upon the passage of all ordinance and resolutions shall be
taken by the “ayes” and “nays” and entered
upon the minutes, and every ordinance or resolution, upon its final
passage, shall be authenticated by the signature of the presiding
officer and the person performing the duties of the City Secretary,
in accordance with this Charter.
(b)
Any item
requested by one (1) or more members of the Council or by the City
Manager shall be placed on the agenda by the City Secretary. The Mayor
will establish the order of the agenda for each Council meeting. The
City Secretary shall prepare the agenda, which shall be publicly posted
at City Hall in accordance with the Texas Open Meetings Act, Chapter
551, Government Code, Vernon’s Texas Codes Annotated.
(Amended by Ordinance 14-047 at
an election held on November 4, 2014, prop. 1)
Three (3) Councilmembers, excluding the Mayor, shall constitute
a quorum to do business and no action of the Council shall be valid
or binding unless adopted by the affirmative vote of three (3) or
more members of the Council, including the Mayor in the event of a
tie. A number less than a quorum may adjourn from time to time and
compel the attendance of absent members. If the Council is reduced
to less than three (3) members on account of vacancies, the remaining
members shall constitute a quorum for the sole purpose of calling
an election.
(a)
No person
shall be appointed to or removed from or in any way favored or discriminated
against with respect to any City position or appointive City administrative
office because of race, sex, age, national origin, political or religious
opinions or affiliations.
(b)
No person
shall willfully make any false statement, certificate, mark, rating
or report in regard to any test, certification or appointment under
the personnel provisions of this charter or the rules and regulations
made thereunder, or in any manner commit or attempt to commit any
fraud preventing the impartial execution of such provisions, rules
and regulations.
(c)
No person
who seeks appointment or promotion with respect to any City position
or appointive City administrative office shall directly or indirectly
give, render or pay any money, service or other valuable thing to
any person for or in connection with his test, appointment, proposed
appointment, promotion or proposed promotion.
(d)
No person
who holds any compensated appointive City position shall make, solicit
or receive any contribution for any candidate for public office in
the City or take any part in the management, affairs or political
campaign of such candidate, but he may exercise his rights as a citizen
to express his opinions and to cast his vote.
(e)
Elected
officials, officers or employees of the City having a direct or indirect
interest in any proposed or existing contract, purchase, work, sale,
or service to, for, or by the City shall not vote or render a decision
or use that position, authority, or influence, in any manner that
would result in personal betterment, financially or otherwise, to
any degree. Elected officials, officers, or employees shall publicly
disclose any such interest upon assumption of office or prior to consideration
of any such matters.
(f)
No elected
official, officer, or employee of the City shall ever accept, directly
or indirectly, any gift, favor, privilege, or employment from any
firm, individual, or corporation doing business or proposing to do
business with the City of Red Oak, except as may be authorized by
law, resolution or ordinance.
(a)
Any person who willfully conceals such interest or willfully violates any of the prohibitions of section 2.14 shall be guilty of malfeasance in office or position and may be punished by any fine that shall be prescribed by ordinance for the offense, and shall forthwith be removed from his office or position.
The City Council shall adopt, by ordinance, a code of ethics
and conduct that is consistent with the provisions of this Charter
and applicable to elected officers, appointed board, commission, and
committee members, and employees of the City.
