Any City officer or employee who has a substantial financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the City or in the sale of any land, material, supplies or services to the City or to a contractor supplying the City shall make known that interest and shall refrain from voting upon or otherwise participating in his capacity as a City officer or employee in the making of such sale or in the making of performance of such contract. Any City officer or employee who willfully conceals such a substantial financial interest or willfully 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 City shall render the contract or sale voidable by the City Manager or the City Council.
No person related within the second degree by marriage or the third degree by blood to any elected officer of the City or to the City Manager shall be appointed to any office, position or clerkship or other service to the City. This prohibition shall not apply, however, to any person who shall have been employed by the City one (1) full year prior to and at the time of the election of the Council member or appointment to City Manager.
All records of the City shall be open to inspection by the public at all reasonable times, provided that records closed to the public by state or federal law shall not be considered public records for the purpose of this Section. During normal office hours, any person shall have the right to examine any such public records belonging to the City and shall have the right to make copies thereof under such reasonable rules and regulations as may be prescribed by the City Council.
All elected officers of the City shall, before entering the duties of their respective offices, take and subscribe to the official oath prescribed by the Constitution of the State of Texas.
This Charter may be amended in accordance with the laws of the State of Texas.
If any section or a part of a section of this Charter is held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not invalidate or impair the validity, force or effect of any other section or part of this Charter.
The property, real and personal, belonging to the City shall not be liable to be sold or appropriated under any writ or execution or cost bill. The funds belonging to the City, in the hands of any person, firm or corporation shall not be liable to garnishment, attachment or sequestration; nor shall the City be liable to garnishment on account of any debt it may owe or funds or property it may have on hand or owing any person. Neither the City or any of its officers or agents shall be required to answer any such writ or garnishment on any account whatever. The City shall be obligated to recognize any assignment of wages or funds by its employees, agents or contractors.
The following activities are prohibited:
a.
In appointments to and removal from any City office of employment, no person shall be favored or discriminated against because of race, sex, political or religious opinions or religious affiliations, age or handicap conditions.
b.
No person who seeks appointment or promotion with respect to any City compensated position or appointive City Administrative compensated office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with said appointment, proposed appointment, promotion or proposed promotion.
c.
No City officer or employee, elected or appointed, shall orally, by letter, or otherwise solicit or assist in soliciting any assessment, subscription or contribution for any political purpose whatever from any subordinate City official or employee holding any compensated City position.
d.
No person who holds any compensated City position shall solicit or receive any contribution to the campaign funds of any candidate of municipal office or take any part in the management, affairs, or political campaign of any municipal candidate.
When the context so requires, the masculine gender includes feminine and/or neuter.
a.
Effective Date of Charter.
The Charter, if adopted, shall become effective after the votes cast at the election at which it is submitted to the voters shall have been counted and an order has been entered upon the records of the City Council declaring it adopted.
b.
Submission of Charter to Voters.
The Charter Commission in preparing this Charter concludes that it is impractical to segregate each subject so as to permit a vote of “yes” or “no” on the same, for the reason that the Charter is so constructed that in order to enable it to work and function it is necessary that it should be adopted in its entirety. For these reasons the Charter Commission directs that the proposed Charter be voted upon as a whole and that it shall be submitted to the qualified voters of the City of Kermit at an election to be held for that purpose on November 7, 1989.