(a) Definitions.
In this section:
Motion.
Motion of a councilmember means a motion or objection that
has been seconded by another councilmember.
Privileged.
Includes information that a federal or state statute or rule
makes confidential.
Subpoena.
A subpoena issued by or on behalf of the city council for
testimony or things, and includes any attachments, exhibits, schedules,
or other documents or matters that may be served with a subpoena or
incorporated by reference into a subpoena.
(b) The
city council under city charter section 3.16 has the power to inquire
into and investigate the official conduct of any department, agency,
office, officer, or employee of the city and for that purpose has
the power to administer oaths, subpoena witnesses, and compel the
production of books, papers, and other evidence material to the inquiry.
References to any law or rule in this section refer to such version
or successor of the referenced law or rule as it exists when it would
be relevant to conduct under this section. This section among other
things, adopts procedures applicable to those inquiries and investigations,
and sets penalties for failure to comply with such subpoenas.
(c) Subpoenas
shall conform in form substantially to the form of subpoenas prescribed
by the Texas Rules of Civil Procedure, except that they shall be issued
in the name of the city council and signed by the mayor, city manager,
or city secretary on behalf of the city council. No deviation of form
will render the city subpoena defective or unenforceable except to
the extent that the deviation renders the city subpoena unintelligible
to a person of normal intelligence, and any defect in the form of
subpoena, and any other matter rendering a portion of any city subpoena
unenforceable will not affect the validity and enforceability of any
remaining portion of such subpoena.
(d) Witnesses
and custodians of evidence who are subject to a city subpoena are
entitled to fees as provided by the Civil Practice and Remedies Code,
except that no fees are due until completion of the witness or custodian’s
performance as required by such subpoena, and no fees are due to the
extent that the witness has a duty to appear and testify or to produce
documents or things under another law or contract, except as may be
provided in such other law or contract.
(e) Subpoenas shall be served by any means permitted by the Texas Rules of Civil Procedure or by U.S. first class certified mail or by commercial express delivery service upon agents described in subsection
(e)(2)(C) below. The city council or the city manager, if authorized by the city council, may authorize alternative means of service that a court could authorize under the Texas Rules of Civil Procedure upon finding by the city council that the factual predicates as provided by the Texas Rules of Civil Procedure for using such alternative means exist. However, no defect in service will affect the enforceability of any subpoena if the subject thereof received actual or constructive notice of the subpoena sufficient to enable compliance therewith or to put the subject on notice of the existence of the subpoena such that further inquiry into the full facts respecting the subpoena would have been reasonable under the circumstances.
(1) Any individual over 18 years of age may serve a subpoena.
(2) Subpoenas should not be served more than 100 miles from city hall
except that service is permitted as follows:
(A) Anywhere they may be found upon an individual permanently residing
in the city;
(B) Anywhere they may be found upon a business entity whose principle
place of business in the city;
(C) Anywhere they may be found upon any agent designated by contract
or law as an agent to receive service of process for any individual
or entity who has contracted with the city, has provided goods or
services to the city, or has received anything of value from the city,
if the subpoena relates in whole or in part to such individual’s
or entity’s dealings with the city.
(f) In
addition to any other remedies and penalties, any individual or entity
who shall be duly served with a subpoena for testimony, documents,
and/or other things who shall fail or refuse timely to obey all of
the terms and conditions of the subpoena or subpoena duces tecum,
including, without limitation, refusing to be sworn or affirm under
penalty of perjury, shall be deemed guilty of criminal contempt against
the authority of city council and such contempt is hereby declared
to be an ordinance violation; and, upon conviction therefor, such
person shall be punished as provided in this section.
(g) In
addition to constituting any offense under state law, is an offense
and violation of the city code for any person to intentionally or
knowingly impede, disrupt or interfere with any investigation or inquiry
under this section, including, any proceeding of the city council
under this section, the service of or obedience to any subpoena issued
under this section, and any compelled or voluntary production of documents
or things, or oral statements whether or not under oath in any proceeding
under this section, or to destroy, alter, or conceal any evidence,
document, information, or thing relevant to an inquiry under this
section, to suborn false statements or perjury in a proceeding under
this section.
(h) The municipal court of the city shall have the power to hear and determine alleged violations of this section, and upon the conviction of anyone thereunder shall punish all such guilty persons as allowed by section
1.01.009, general penalty for violations of code.
(i) In
addition to any other remedies and penalties, the municipal court
of the city and any justice court, county court or county judge exercising
trial jurisdiction, county court at law, or state district court sitting
in the county, is hereby granted jurisdiction and is authorized to
hear, determine, and adjudicate proceedings to enforce a subpoena
issued under this section. Such court may, in addition to any remedy
authorized by law or equity, modify a subpoena as necessary to comply
with constitutional, statutory or other legal requirements, and/or
order compliance with such subpoena as issued or to coerce compliance
with the court’s compliance order through civil contempt.
(j) Investigations
and inquiries conducted under this section will comply with the Texas
Open Meetings Act and other charter provisions, ordinances, resolutions,
directives, and policies respecting the conduct of city council meetings.
(k) The
city attorney will provide legal advice respecting investigations
and inquiries under this section.
(l) Investigations
and inquiries under this section are commenced by majority vote of
the city council upon a properly posted action agenda item, either
to commence an investigation or inquiry into any matter permitted
by this section, or to authorize the issuance of one or more subpoenas
relating to any matter into which an investigation or inquiry is permitted
by this section. A city council vote to issue a subpoena under this
section also includes the opening of an investigation or inquiry under
this section, regardless of whether the motion on subpoena authorization
so provides.
(m) The
mayor presides over investigations and inquiries under this section,
administers oaths to witnesses, and rules on questions of privilege,
and whether to exclude information as privileged, irrelevant, redundant,
or inherently unreliable. However, any councilmember may ask for a
vote on any evidentiary ruling and the majority vote of the city council
will determine the ruling. The rules of evidence do not apply to any
investigation or inquiry under this section except that the Texas
Rules of Evidence and judicial caselaw respecting privileges apply.
The city council may disregard untrustworthy evidence and may weigh
conflicting evidence.
(n) The
mayor, any councilmember, and the city attorney may question witnesses
in any inquiry or investigation under this section.
(o) No
formalities are required for concluding an investigation or inquiry
under this section.
(p) At
or after the conclusion of any investigation or inquiry, at a properly
posted city council meeting, city council may but is not required
to direct that a summary or report of the investigation prepared by
the city attorney or city manager, and may but is not required to
approve, disapprove, modify, or adopt such summary or report, in whole
or in part. The city council, city manager, or city attorney may refer
any or all of the information or matters obtained through an investigation
or inquiry under this section to any other governmental officer or
body.
(q) There
is no authority to “seal” or make confidential any information
or matter obtain in an inquiry or investigation except as permitted
or required by the Texas Open Meetings Act and the Texas Public Information
Act, Texas Government Code chapters 551 and 552.
(r) No
officer or employee of the city will be required to answer questions
relevant to their asserting their right against self-incrimination
under the United States and Texas constitutions without the approval
of the city attorney.
(s) The
city council has the discretion to permit members of the public having
a concrete interest in the subject of an investigation to submit questions
in writing for the city attorney to propound to a witness. The city
attorney has discretion not to ask improper questions, subject to
being overruled by a majority of the city council on motion of any
councilmember.
(t) Any
testifying witness at an inquiry or investigation under this section
has the right to consult with an attorney in confidence during such
questioning, and to reasonable recesses to permit such consultation,
but the mayor may limit the timing or duration of such recesses within
reason, subject to being overruled by a majority of the city council
on motion of any councilmember.
(Ordinance O-2020-014 adopted 5/21/20)
The city council regular meetings dates shall be set for the
first and third Thursday of every month to begin at 7:00 p.m.
(2007 Code, sec. 1.02.121)
The city council work session meetings for the purposes of discussions
and questions of future agenda items, as well as for the purposes
of presentations and participation in workshops, shall be set to be
held, if needed, for the first and third Thursday of every month to
begin at 7:00 p.m.
(2007 Code, sec. 1.02.122; Ordinance O-2022-057 adopted 12/1/2022
(a) The
city council shall hold as many additional regular, special-called
and work session meetings as it deems necessary to transact the business
of the city and its citizens.
(b) Regular
meetings may be rescheduled by the city council if school holidays,
council-approved holidays or educational conferences that occur on
regular meeting days require rescheduling the regular meeting from
the first and third Thursday of every month to either the second or
fourth Thursday.
(2007 Code, sec. 1.02.123; Ordinance O-2023-054 adopted 8/17/2023)