The governing body of McAllen shall consist of a Board of Commissioners composed of the Mayor and six (6) commissioners, who shall be elected, as hereinafter provided.
(Amended, election 5-6-2000)
The elective officers of McAllen shall consist of a Mayor and six (6) commissioners.
(Amended, election 5-6-2000)
[1]
Editor's note—Ord. No. 2000-19, adopted March 13, 2000, and passed by the voters at an election May 6, 2000, repealed Sec 2a, which pertained to commissioner places.
At the regular municipal election for city officials of the City of McAllen to be held on the uniform election date as prescribed by statute, which is currently the first Saturday in May, 2021, the candidate for the office of mayor receiving a majority of the votes cast shall be elected mayor and shall hold office for four (4) years from the date the oath of office is taken and until a successor is elected and qualified. Thereafter, on the uniform election date prescribed by statute each four years thereafter, the mayor shall be elected as above provided for a term of four years, and thereafter until a successor is elected and qualified. At the regular municipal election for city officials of the City of McAllen to be held on the first Saturday in May, 2021 for single-member election districts 1, 2 and 3, and on the first Saturday in May, 2023 for single-member election districts 4, 5 and 6, the candidate for commissioner for each of the four places, respectively, receiving a majority of the votes cast for commissioner of such place shall be elected commissioner and shall serve until a successor is elected and qualified.
(Amended, election 11-3-1964; Amended, election 5-1-2021)
In the event no candidate for mayor receives a majority of the votes cast and/or in the event no commissioner for a particular place receives a majority of the votes cast or in the event of a tie vote for mayor or a tie vote for commissioner of any place, there shall be a run-off election between the two candidates receiving the highest number of votes or tied for mayor and/or commissioner. Such run-off election shall be held on the first Tuesday after thirty (30) days from the date of the first election. The candidate receiving the majority of votes for the respective office at such run-off election shall be elected.
(Amended, election 11-3-1964)
The city shall be divided into six (6) single-member election districts for the purpose of electing one city commissioner from each single member election district. Candidates for city commission shall have resided in the district from which he or she seeks election for at least six (6) months prior to the date of the election. The mayor will continue to be elected from the city at-large.
The six (6) single-member election districts shall be drawn according to state and federal laws.
In the first election held pursuant to this provision all six (6) single-member election districts shall stand for election.
After the election and canvass of the returns and declaration of results the six (6) commissioners elected shall meet and determine by lot which three (3) commissioner[s] shall serve two (2) year terms and which three (3) commissioners shall serve a full four (4) year term. Thereafter each commissioner elected from his or her respective single member election district shall serve four (4) year terms.
(Amended, election 5-6-2000)
On the first Tuesday following said election or run-off election, or both, as the case may be, or as soon thereafter as practicable, the board of commissioners and mayor then in office shall canvass the returns and declare the election of the candidates and shall declare the candidate receiving the majority number of votes for mayor elected mayor, and the candidate receiving the majority number of votes for commissioner for each place, respectively, elected commissioner of such place.
(Amended, election 11-3-1964)
Any person desiring to have his name placed upon the official ballot for any election may do so by presenting a written request for that purpose signed by himself or by twenty qualified voters, to the board of commissioners and filing the same with the city clerk [city secretary] or with the mayor at least five (5) days prior to the date of said election.
Except as may otherwise be specifically prescribed by law, officers of McAllen, except the mayor and commissioners, shall be appointed by the board of commissioners or its designee, and said board shall have the right to create as many city offices as they may desire; to prescribe the qualifications, tenure of office and bonds of said officers; to provide for the compensation of said officers; and shall also have the authority to suspend or dismiss any of said appointed officers or boards at any time with or without cause.
(Amended, election 5-1-2021)
The mayor and each of the six (6) commissioners shall be at least twenty-one (21) years of age; shall be a citizen of the United States of America and a qualified voter of the State of Texas, and shall have resided for at least six (6) months next preceding the election within the corporate limits of McAllen.
(Amended, election 5-1-2021)
Each person elected by the voters of McAllen, or appointed by the board of commissioners, to fill any elective or appointive office, shall, before entering upon the duties of his office, take and subscribe to the official oath provided by the Constitution of the State of Texas.
No person shall serve as a commissioner or mayor for more than three (3) terms. Each term shall be four (4) years. If a commissioner or mayor is fulfilling the unexpired term of a previous commissioner or mayor, said term shall not be counted for purposes of term limits. The term limits on commissioners set forth herein do not prohibit an individual from holding the office of mayor after the term limits are reached. The term limits on mayors set forth herein do not prohibit an individual from holding the office of commissioner after the term limits are reached. Terms as mayor shall not be counted for purposes of commissioner term limits. Terms as commissioner shall not be counted for purposes of mayoral term limits.
(Amended, election 5-1-2021)
The board of commissioners shall have authority to fix all salaries and remuneration of all officers, either elective or appointive, of McAllen, except the office of mayor and commissioners. The mayor of McAllen shall receive a salary of twelve hundred dollars ($1,200.00) per year when serving in the capacity of mayor and city manager; but if a city manager is employed by the city, then the mayor shall receive a salary of six hundred dollars ($600.00); provided, however, that in arriving at said salary there shall be deducted from the same all amounts received by the mayor during said period of time as fees of office. The commissioners of the City of McAllen shall receive for their services the sum of five dollars ($5.00) per meeting for each regular or special meeting of said board of commissioners; provided, however, that if said board of commissioners shall meet more often than twice in any one month, they shall only be paid for two (2) of such meetings.
(Amended, election 5-1-2021)
Resignation by the mayor or any commissioner elected shall be made in writing to the board of commissioners for their action thereon. In case of the removal of the domicile of the mayor or any commissioner from the territorial limits of the City of McAllen, such removal shall ipso facto to be deemed to create a vacancy in his office. And in case of any vacancy from any cause in the mayor's office, the same shall be filled by the remaining members of the board of commissioners appointing one of their members to fill said unexpired term, and in case of a vacancy in the office of the commissioners, same may be filled by a majority vote of the remaining commissioners, or the board of commissioners may order an election to fill such unexpired term.
Each commissioner and the mayor and such other officers as the board of commissioners may designate are hereby authorized to administer oaths in the municipal affairs and government of McAllen.
The mayor shall be the chief executive officer of McAllen and shall see that all laws thereof are enforced. The mayor shall be clothed with all of the authority that is now or may hereafter be vested in a mayor by the general laws of the State of Texas so far as the same may be applicable and not inconsistent with this Charter. The mayor shall have and exercise full power, prerogative and authority acting independent or in concert with the board of commissioners as are conferred by the provisions of this Charter, or as may be conferred by the board of commissioners not inconsistent with the general purposes and provisions of this Charter, and shall have the power to administer oaths and sign all contracts.
(Amended, election 5-1-2021)
The present mayor of McAllen shall remain in office until his successor has been duly elected and qualified. The present commissioners of McAllen shall remain in office and constitute two (2) of the commissioners of the City of McAllen until their successors are regularly elected and qualified. The office of two (2) commissioners is vacant and the present mayor and two (2) commissioners shall fill said offices in accordance with section 11 of this article.
The board of commissioners shall from time to time by resolution provide for regular meetings and for call[ed] meetings of said board; and shall provide for the time and place of said meetings. Four (4) commissioners, or the mayor and three (3) commissioners of said board, shall constitute a quorum for the transaction of any and all business that may be brought before the board; provided that no bonds may be issued nor no taxes levied except at a regular meeting of the board attended by at least three (3) commissioners and the mayor, or by four (4) commissioners without the mayor. All official sessions of the board of commissioners, whether regular or called, shall be open to the public.
(Amended, election of 5-12-2007)
The board of commissioners of said city shall be vested with the power and charged with the duty of making all laws or ordinances not inconsistent with the Constitution of the State of Texas, touching every subject and matter within the local government, same to include the power to impose fines and penalties for the violation of the same. They shall have the power and authority in the government, management and control of McAllen, which are not especially delegated to some other authority and they may pass any ordinances they may desire delegating any part of their authority and duties to any other person, officer or employee, not inconsistent with the Constitution or laws of the State of Texas.
When any ordinance has been passed by a majority vote of the board of commissioners present and voting it shall become effective immediately unless by its specific terms it shall become effective on some other date or occurrence or when signed by the mayor, and it shall be published in such manner as by ordinance shall be required; provided that ordinances granting a franchise need not be published in any instance.
(Amended, election 5-1-2021)
When the mayor shall veto any ordinance, the same may be passed over his veto by a vote of three-fourths of the city commissioners.
(Amended, election 5-1-2021)
Any resident citizen or property taxpayer of the City of McAllen shall have a right to bring an action in the District Court of Hidalgo County, Texas, or in any court of proper jurisdiction, for the removal from office of any officer of the City of McAllen for malfeasance or misfeasance in office and in such actions will be governed by the general laws of the State of Texas applicable to such proceedings.
At the first regular meeting of the board of commissioners after their induction into office, it shall be the duty of the board to elect one of its members by a majority vote of the board, who shall be known as the mayor pro tem, and who shall continue to hold the title and office until the expiration of the term of office for which elected by the commissioners.
(Amended, election 5-1-2021)
If for any reason, the mayor is absent from the city, sick or unable to perform the duties of office, then the mayor pro tem shall act as mayor and shall be vested with all the powers and shall perform all of the duties of the mayor during such absence, sickness or inability. In case of the absence of both the mayor and the mayor pro tem, the remaining commissioners shall elect one of their members to act instead of the mayor or the mayor pro tem.
(Amended, election 5-1-2021)
The mayor or the board of commissioners may, and it shall be their duty, at any time to investigate each and every department of the city government and of the official acts and conduct of the city officers, and for the purpose of ascertaining facts in connection with such investigation shall have the power to compel the attendance and testimony of witnesses, to administer oaths and to examine such persons as they may deem necessary and to compel the production of books and accounts. Failure of any person to appear at such hearing, when served by a notice to do so, shall be a contempt, which may be punished by fine not to exceed two hundred dollars ($200.00), and in default of the payment thereof the person so fined may be imprisoned for a period of time not to exceed three (3) days.
Notwithstanding any other provisions of this charter, the city is prohibited from utilizing binding arbitration, or any other similar process which delegates the final decision making authority to an outside person or entity, in determining the appropriate compensation, wages, benefits, and/or any other conditions of employment for City of McAllen employees, including but not limited to police officers and/or firefighters. The city shall have the authority to use any appropriate non-binding alternative dispute resolution proceeding, but the final decision to accept and/or reject any recommendations resulting from such proceeding shall remain with the elected city officials of the City of McAllen.
(Amended, election of 11-3-2009)