All public records of every office, department, or agency of
the City shall be open to inspection by any citizen at all reasonable
times, provided that records closed to the public by law, shall not
be considered public records for the purpose of this section. During
normal office hours, any citizen of the City or any duly authorized
representative of the press or other news media shall have the right
to make copies thereof under such reasonable rules and regulations
as may be prescribed by the Council or this Charter and in accordance
with the Texas Public Information Act, as may be amended.
(Prop. 17, approved at election of 5/9/09)
The Council shall annually by resolution designate a public
newspaper of general circulation in the City as official newspaper.
No person related within the second degree by affinity (marriage)
or within the third degree by consanguinity (blood/adoption) to the
Mayor, any Councilman or City Manager shall be employed or appointed
to any office, position or clerkship of the City. This prohibition
shall not apply, however, to any person who shall have been employed
by the City prior to and at the time of election or appointment of
the official related in the prohibited degree.
No Mayor, Council Member, or City Manager shall have any participation
in the evaluation process involving any employees compensated by the
City and related to the Mayor, Council Member, or City Manager within
the second degree of affinity (marriage) or within the third degree
of consanguinity (blood or adoption).
(Prop. 18, approved at election of 5/9/09)
(1)
No member
of the Council nor any employee of the City with a financial interest,
either directly or through any business entity in which such Councilperson
or employee has a substantial interest shall vote or deliberate on:
(2)
“Business
Entity” means a sole proprietorship, partnership, firm, corporation,
holding company, joint stock company, receivership, trust, or any
other entity recognized by law.
(3)
For
the purpose of this section, a person has substantial interest in
a business entity if:
(a)
The
person owns 10 percent or more of the voting stock or shares of the
business entity or owns either 10 percent or more of the fair market
value of the business entity or funds received by the person’s
gross income for the previous year.
(b)
A
person has a substantial interest in real property if the interest
is an equitable or legal ownership with an appraisal district market
value of $2,500.00 or more.
(c)
A
person is considered to have a substantial interest under this section
if a person related to the person in the first degree by consanguinity
(blood/adoption) or affinity (marriage) has a substantial interest
under this section.
(4)
This
section shall not apply in the following situations:
(a)
During
or because of a public calamity.
(b)
Procurement
to preserve or protect the public health or safety or necessary because
unforeseen damage to public machinery, equipment, buildings or other
property provided an emergency or urgent public necessity exists.
(c)
Items
or services available from only one source (as defined in Chapter
252 of the Texas Local Government Code, relating to competitive bidding,
as amended from time to time).
(d)
To
the purchase by the City from any employee of any land, buildings
or similar real property interests, provided the property is purchased
for its appraised market value as evaluated by the Appraisal District
appraising the asset and the purchase is approved by the City Council.
(Props. 18, 19, 20, approved at election of 5/9/09)
The property, real and personal, belonging to the City shall
not be liable to be sold or appropriated under any writ of 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 to any person. Neither the City nor any of its officials or
agents shall be required to answer any such writ of garnishment on
any account whatever. The City shall not be obligated to recognize
any assignment of wages or funds by its employees, agents or contractors.
The Council shall have the authority to compromise and settle
any and all claims and lawsuits of every kind and character in favor
of or against the City, except suits by the City to recover delinquent
taxes.
Before the City shall be liable to damage, claim or suit for
personal injury, or damage to property, the person who is injured
or whose property has been damaged or someone in his behalf shall
give the City Manager or the City Secretary notice in writing duly
certified within thirty (30) days after the date of the alleged damage
or injury stating specifically in such notice when, where and how
the injury or damage was sustained, setting forth the extent of the
injury or damage as accurately as possible, and giving the names and
addresses of all witnesses known to the claimant upon whose testimony
the claimant is relying to establish the injury or damage. In case
of injuries resulting in death, the person or persons claiming damage
shall within thirty (30) days after the death of the injured person
give notice as required above. Nothing herein contained shall be construed
to mean the City waives any rights, privileges, defenses or immunities
in tort actions which are provided under the common law, the Constitution
and laws of the State of Texas.
Activities Prohibited.
(1)
No person
shall be appointed to or removed from, or in any way favored or discriminated
against with respect to any City positions or appointive City administrative
office because of race, sex, political or religious opinions or affiliations.
(2)
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.
(3)
No City
official or candidate for City office shall orally, by letter or otherwise
solicit or assist in soliciting any assessment, subscription or contribution
for any candidate or for any political party or political purpose
whatsoever from any person holding any compensated City position.
(4)
No appointed
officer or employee of the City who receives compensation as such
shall make, solicit or receive any contribution to the campaign funds
of any candidate or of any political party to be used in a City election
or for or against any candidate for City office or take any part in
the management, affairs or political campaign of any candidate or
of any political party in a City election, but he may exercise his
rights as a citizen to express his opinions and to cast his vote.
Nothing in this paragraph is intended to prohibit such person from
participating in school district, special district, county, state
or national campaigns, elections and political parties.
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Penalties. Any person who either by himself
or with others willfully violates any provisions of Section 13.08(a)[sic]
shall be ineligible for appointment or election to a position in the
City for a period of one (1) year, and if he is an officer or employee
of the City at the time of such violation, he shall immediately forfeit
the office or position he holds.
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If any section or 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 a section of this Charter.
The Charter Commission in preparing this Charter concludes that
it is impracticable 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 Charter
be voted upon as a whole and that it shall be submitted to the voters
of the City of Brady at any election to be held for that purpose on
August 7, 1982. Not less than thirty (30) days prior to such election,
the Council shall cause the City Secretary to mail a copy of this
Charter to each qualified voter of the City of Brady as appears from
the latest certified list of registered voters. If a majority of the
qualified voters voting in such an election shall vote in favor of
the adoption of this Charter, it shall become the Charter of the City
of Brady, and after the returns have been canvassed, the same shall
be declared adopted and the City Secretary shall file an official
copy of the Charter with the Records of the City. The City Secretary
shall furnish the Mayor a copy of said Charter, which copy of the
Charter so adopted, authenticated and certified by his signature and
the seal of the City, shall be forwarded by the Mayor to the Secretary
of State of the State of Texas and shall show the approval of such
Charter by majority vote of the qualified voters voting at such election.
Amendments to this Charter may be framed and submitted to the voters of the city in the manner provided by Chapter 9 Home-Rule Municipality, Local Government Code, as now exists or as amended.
(Resolution 2015-007 adopted 2/17/15, prop. 26, approved at election of 5/9/15)
The Council shall appoint a Charter Review Commission of seven
(7) registered voters of the City of Brady and shall appoint one of
the members to act as temporary chairperson for the purpose of calling
and chairing the organizational meeting of that commission.
Duties of the Commission.
(1)
The
Commission shall serve for a term of four (4) years until a successor
Commission is appointed.
(2)
The
Commission shall:
(a)
Elect
officers and prescribe its own rules.
(b)
Inquire
into the operation of the City government under this Charter and determine
whether any provisions of the Charter require revision.
(c)
Make
recommendations to insure compliance with the provisions of the Charter
by the Department of the City government.
(d)
Propose
amendments to this Charter to improve the effective application of
the Charter to current City requirements.
(e)
Reports
its findings and present its proposed amendments, if any, to the Council.
(f)
Act
as a Review and Oversight Committee during its four (4) year term
after appointment to determine whether the provisions of the Charter
are observed by the City Council, the city and its employees. The
Commission may at any time during its term notify the City of its
belief that it has not adhered to the Charter provisions and shall
outline the specific provisions violated and define relevant facts
to support its position.
(g)
Public
hearings may be held and the Commission shall have the power to compel
the attendance of any official or employee of the City and require
the submission of any of the City records which it may deem necessary
to the conduct of such hearing. The Commission shall be allowed to
issue an opinion stating its findings of fact and determination of
compliance. However, the Commission shall have no authority to make
final or binding determination with regard to whether any provision
of the Charter has been violated or whether any action or forbearance
is required.
Action by the Council. The Council shall receive and have published in the official newspaper of the City a summary of any report presented by the Charter Review Commission; shall consider any recommendation made, and if any amendments be presented by such report, may order such amendment or amendments to be submitted to the voters of the City in the manner provided by Texas Local Government Code Chapter 9, as now exists or as amended.
Term of Office. The term of office of
the Charter Review Commission shall be four (4) years. A report shall
be presented to the Council prior to the end of said term of office.
If during such four (4) year term no report is presented to the Council,
then all records of the proceedings of such Commission shall be filed
with the City Secretary and shall become a public record.
Vacancy on Commission. Should a Commission
member vacate a seat on the Commission during his four (4) year term,
the vacancy shall be filled by the Mayor by appointment for the remainder
of what is left on the term.
(Prop. 21, approved at election of 5/9/09)
It shall not be necessary in any action, suit or proceeding
in which the City of Brady is a party, for any bond, undertaking,
or security to be demanded or executed by or on behalf of the City
in any of the State courts, but in all such actions, suits, appeals
or proceedings same shall be conducted in the same manner as if such
bond, undertaking or security had been given as required by law.
Words of any gender used in this Charter shall be held and construed
to include any other gender and words in the singular number shall
be held to include the plural and vice versa.
Any one hundred (100) or more qualified voters of the City may
require the City Council to show cause as to an alleged noncompliance
with the articles and sections of this Charter. Such voters may petition
the City Council for a public hearing concerning an alleged noncompliance,
by signing a letter addressed and mailed to the Mayor. The letter
must clearly state the incidence(s) of alleged noncompliance and the
specific article(s) and/or section(s) that was/were alleged violated,
and ask that the Mayor call a public hearing for the purpose of explaining
the alleged incidence(s) of noncompliance to the Citizens of Brady.
The Mayor shall call a public hearing to be held within ten
(10) days from the receipt of such petition. Such hearing shall be
properly announced and a notice of the hearing shall be published
in the official newspaper. The entire Council shall be compelled to
attend the public hearing, and the Mayor or some other Councilman
appointed by the Mayor shall be prepared to explain the alleged noncompliance
(s) with the articles and sections of the Charter as specified in
the petition. To provide for order, only a delegation of three (3)
persons who signed the petition to the Mayor shall be permitted to
question the members of the Council, and the questions must pertain
to the incidence(s) of noncompliance described in the petition letter.
The Mayor shall preside at the hearing and strive to resolve the question
of noncompliance. The intent is for the elected officials to explain
their actions on the relevant incidence(s) and, therefore, neither
the City Attorney nor any other Attorney or other person representing
the Councilmembers may speak at the hearing.
(1)
Identification
and definition of Professional Services and Professional Services
Companies:
(a)
The
terms include those listed in Texas Government Code Section 2254.022
[2254.002], as may be amended.
(b)
In
addition to those occupations listed in Texas Government Code Section
2254.002, as may be amended, for purposes of this Charter and City
ordinances, the term shall include those services involving a person
with acceptable professional knowledge and experience in related fields
as approved by the City Council for specific projects.
(2)
Holidays
are defined in the City of Brady Employee Policies and Procedures
Manual.
