Administrative departments shall be established by the Town Manager. The head of each department shall be appointed by the Town Manager and shall be subject to the direction and supervision of the Town Manager.
(a)
The Council shall appoint a Town Manager, who shall be the chief administrative officer of the Town.
(b)
The method of selection shall be left to the discretion of the Council so long as the method insures orderly, non-partisan action toward securing a competent and qualified person to fill the position. The Town Manager shall be chosen upon the basis of administrative training, experience, ability, character and other such professional qualifications as determined appropriate by Council.
(c)
Neither the Mayor nor any Councilmember may be appointed Town Manager or acting Town Manager while holding office or for a period of two (2) years thereafter.
(d)
The Town Manager shall establish residency in the Town unless excused by Council.
(Subsection (a) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12, adopted 5/18/09)
The Town Manager shall receive compensation as may be fixed by the Council.
The Town Manager shall not be appointed for a definite term but may be removed at the discretion of the Council by majority vote of the Council. Such action taken by Council shall be done in accordance with the personnel policies of the Town applicable to at-will employees. The action of the Council in suspending or removing the Town Manager shall be final. It is the intention of this Charter to vest all authority and fix all responsibilities of such suspension or removal in the Council.
The Town Manager shall be the chief administrative officer and head of the administrative branch of the Town. He shall be responsible to the Council for the proper administration of all the affairs of the Town and to that end shall have the power and be required to:
(a)
Oversee the effective enforcement of all applicable laws and ordinances, implement the directives and policies established by Council and oversee the administration of contracts and franchises to ensure compliance with the terms approved by Council;
(b)
Appoint, suspend and/or remove all or any one of the heads of departments and all subordinate officers and employees of the Town in accordance with applicable laws and policies. The Town Manager may authorize any administrative officer subject to the Manager’s direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency;
(c)
Direct and supervise the administration of all departments;
(d)
Attend all meetings of the Council, except when excused by the Council. The Town Manager shall have the right to take part in discussion but shall not vote;
(e)
Prepare and submit the annual budget and capital program to the Town Council, and implement the final budget approved by Council to achieve the goals of the Town;
(f)
On an annual basis, submit to the Town Council and make available to the public a complete report on the finances and administrative activities of the Town’s prior fiscal year;
(g)
Keep the Town Council fully advised as to the financial condition and future needs of the Town;
(h)
Make recommendations to the Council concerning affairs of the Town and facilitate the work of the Council in developing policy;
(i)
Provide staff support services for the Mayor and Councilmembers;
(j)
Assist the Council in developing goals and strategies for the next fiscal period;
(k)
Assist the Council to develop long term goals for the Town and develop strategies to implement those goals;
(l)
Encourage and provide staff support for regional and intergovernmental cooperation;
(m)
Promote partnerships among Council, Staff and citizens in developing public policy and building a sense of community;
(n)
Perform such other duties as may be prescribed by Council, by this Charter, by ordinance or other law; and,
(o)
Recommend to the Council rules and regulations to be adopted by ordinances to protect the safety and security of the municipal records.
(Subsections (f), (g), (j) and (k) added and subsections (f), (g), (h), (i), (j) and (k) renumbered to (h), (i), (l), (m) (n) and (o) by May 9, 2009 election, effected by Ordinance 2009-12, prop. 19, adopted 5/18/09. Subsection (f) amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 9, adopted 5/21/13. Subsection (o) amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 10, adopted 5/21/13)
(a)
The Town Manager, within thirty (30) days after taking office, shall designate, by letter filed with the Town Secretary, a qualified administrative officer of the Town to perform the duties of the Town Manager in his absence or disability. Such designation shall be subject to approval of the Council. No member of the Council shall serve as Acting Town Manager. Upon resignation or termination of the Town Manager, the Acting Town Manager shall perform the duties of the Town Manager until a new Town Manager or Acting Town Manager is appointed by the Council.
(b)
Should the need for an Acting Town Manager occur prior to the Town Manager submitting a designee or prior to the Council’s approval of the Town Manager’s designee, the Council shall appoint an Acting Town Manager.
(c)
The Town Manager may select a different Acting Town Manager by repeating the letter of designation and obtaining the Council’s approval for designation of a new Acting Town Manager.
The Council shall appoint a Town Secretary who shall act as the Secretary to the Council and shall hold office at the pleasure of the Council. He shall be entitled to a seat at the Council table at all official meetings.
(Section 4.07 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12, adopted 5/18/09)
The Town Secretary shall:
(a)
Record the minutes of all official meetings of the Council; provided, however, only the captions of duly enacted ordinances and resolutions shall be recorded in the minutes;
(b)
Hold and maintain the Town Seal and affix to all instruments requiring such seal;
(c)
Verify the sufficiency of any petition for recall, initiative, or referendum based upon the requirements of this Charter and all applicable laws; and,
(d)
Be the custodian of all municipal records of the Town; and
(e)
Perform such other duties as may be required by the Council, the Town Manager, this Charter or the laws of the State of Texas.
(Subsection (e) (renumbered to subsection (d)) added by May 11, 2013 election, effected by Ordinance 2013-15, prop. 10, adopted 5/21/13; subsections (d) and (e) renumbered by Ordinance 2015-43, sec. 2.01, adopted 12/8/15)
The Council shall set the compensation of the Town Secretary. The authority to set compensation may be delegated at the discretion of Council.
There shall be a court designated to serve the Town as the Municipal Court for the trial of misdemeanor offenses, with all such powers and duties as are now, or may hereafter be, prescribed by laws of the State of Texas relative to Municipal Courts.
(Section 4.10 amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 11, adopted 5/21/13)
The Council shall by ordinance appoint one or more Judges of the Municipal Court. A Judge shall be a resident of this state, be a citizen of the United States, a licensed attorney in good standing, licensed to practice in the State of Texas and must have two (2) or more years of experience in practicing law in this state.
(Section 4.11 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12, adopted 5/18/09)
The Council shall by ordinance provide for the appointment and oversight of a Clerk, Deputy Clerk and such other personnel that the Council determines appropriate to serve the Municipal Court of the Town. The duties and authority of all Court personnel shall be in accordance with state law and Town ordinance.
(Section 4.12 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12, adopted 5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 12, adopted 5/21/13)
All costs and fines imposed by the Municipal Court shall be paid to the Town general fund for the use and benefit of the Town, unless otherwise required by State law.
The Council shall appoint an attorney licensed and in good standing to practice in the State of Texas as the Town Attorney. He shall serve at the discretion of the Council and he shall receive for his services such compensation as may be fixed by the Council. The authority to set compensation may be delegated at the discretion of Council.
(Section 4.14 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12, adopted 5/18/09)
The Council may employ such professional consultants, including engineers, planners, architects or others whom it finds appropriate and in the best interest of the Town to engage. The Council may fix the compensation of such professionals and work directly with them or direct that they work with the Town Manager or his designee. The authority to set compensation may be delegated at the discretion of Council.
(a)
Members of boards, commissions and corporations appointed by the Town shall serve without compensation, provided, however, that they shall be entitled to reimbursement of any necessary expenses incurred in the performance of their official duties, when approved by Council or their designee.
(b)
A person who holds a paid or elected position with the Town is not eligible to serve on a board, commission or corporation.
(c)
All boards, commissions and corporations shall maintain minutes of their meetings which shall be public records and which indicate, at a minimum, the members present, the subject of matters considered and the result of any vote taken. The minutes shall also indicate how each member voted on each matter.
Any officer or employee who has any substantial financial interest, direct or indirect, or by reason of ownership of stock or shares of a business entity, or in any contract with the Town, or in the sale of any land, material, supplies or services to the Town or to a contractor supplying the Town shall make known that interest and shall refrain from voting upon or otherwise participating in his capacity as a Town officer or employee in the making of such sale or in the making or performing of such contract.
Any Town officer or employee who knowingly or intentionally conceals such a financial interest or knowingly or intentionally violates the requirements of this section shall be guilty of malfeasance in office or position and shall forfeit his office or position.
Violation of this section with the knowledge, express or implied, of the person or corporation contracting with or making a sale to the Town shall render the contract or sale voidable by the Town Manager or the Council.
No officer or employee of the Town shall ever solicit, agree to accept or accept, directly or indirectly, any gift, favor or privilege from any public utility corporation, or other corporation, person or persons, enjoying a grant, contract, franchise, privilege or easement from or with said Town, during the term of office of such officer, or during such employment of such employee, except as may be authorized by law, resolution or ordinance. Any officer or employee of the Town who shall violate a provision of this section shall forfeit his office.
In addition to the penalties imposed by State law for a violation of this section, any person convicted of a violation of this Section shall be ineligible for a period of five (5) years following such conviction to hold any Town office or position and, if an officer or employee of the Town, shall immediately forfeit his office or position. The Council may establish by ordinance such further penalties as it may deem appropriate.