(a) 
In accordance with section 3.11 of the city charter, the city council may provide by ordinance procedures on the conduct of investigations, penalties for contempt for failing or refusing to obey any subpoena issued as a result of the investigation, including but not limited to testimony or to produce any evidence to a specific inquiry. In addition to any other specific authority of investigation and hearing provided for in the charter, the city council shall have the power to inquire into the official conduct of any department, agency, appointed board, office, officer, employee or appointed board member of the city, except as limited by the city charter. For the purpose of investigations and hearings, the city council shall have the power to:
(1) 
Administer oaths to any witness through the officer presiding at any hearing, the city secretary, or for oaths in a writing, through any individual authorized by law or administer oaths in the jurisdiction where the oath is made;
(2) 
Subpoena witnesses by subpoenas signed by the presiding officer, city manager, or city secretary when a subpoena is authorized by order of the city council adopted by the city council using the same procedures and by the same proportion of votes as for approval of ordinances;
(3) 
Compel the production of evidence material to a specific inquiry by order of the city council adopted by the city council using the same procedures and by the same proportion of votes as for approval of ordinances;
(4) 
To request from the city manager the assignment of staff necessary to carry out its duties;
(5) 
To request the city attorney to provide an independent counsel to advise and represent the council, when appropriate or necessary to avoid a conflict of interest; and
(6) 
To hire a disinterested person or organization not otherwise employed by or under contract with the city to conduct any necessary investigation. If the respondent is a council member or mayor, the city manager is directed to hire a third party to investigate.
(b) 
The city council shall provide, by ordinance, penalties for contempt in failing or refusing to obey any such subpoena or to produce any such evidence to a specific inquiry. The city council shall have the power to punish any such contempt in the manner provided by this division.
(c) 
In this division 4:
(1) 
The term "person" includes individuals and organizations unless the context otherwise requires.
(2) 
The person that is the subject of an investigation is termed the "respondent."
(3) 
All references to the "presiding officer" include a designee of such officer and/or the city attorney or the city attorney's designee.
(Ordinance 2025-O-003 adopted 1/22/2025)
(a) 
Any member of the city staff or city public office holder who believes that there has been an act or omission committed that requires an investigation under section 3.11 of the charter may make a written allegation of the circumstances and recommend an investigation to the city manager, or deputy city manager in the event that the city manager is the respondent or is unavailable. Any complaint regarding matters under the authority of the board of ethics must be directed to the board of ethics for its consideration and under such procedures as it may adopt.
(b) 
Any and all such allegations brought to the city manager or deputy city manager shall be brought to the attention of city council in executive session. The city manager or deputy city manager shall place the item on the agenda for the next regularly scheduled city council meeting, or, if warranted, call a special meeting for the item, to determine if and what form of an investigation is appropriate.
(c) 
If the council, by majority vote, determines that the complaint alleges sufficient facts to necessitate a city council investigation, the city council shall direct the city manager or deputy city manager to immediately initiate an investigation as directed by city council in accordance with the powers given in section 2.02.070 to be completed within the timeframe specified by council. Alternatively, and in addition, the city council may direct the city attorney to refer the matter to an appropriate law enforcement authority or in the further alternative may direct the city manager or deputy city manager to address the allegations, or may vote to take no action.
(1) 
The mayor, or mayor pro tem in the event the mayor is unavailable or unless the city council designates the city manager or third party to preside, will be the presiding officer of the investigation. If the respondent is a council member or mayor, the city manager is directed to hire a third party to serve as the presiding officer.
(2) 
City council may vote to issue subpoenas.
(A) 
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 presiding officer, city manager, or city secretary on behalf of the city council.
(i) 
No deviation or defect of form of a duly signed subpoena that includes a compliance date 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 other matter rendering a portion of any city subpoena unenforceable will not affect the validity and enforceability of any remaining portion of such subpoena.
(ii) 
Such subpoenas shall not be served upon any non-party outside the territorial limits of the city and its extraterritorial jurisdiction, except that service upon a city employee or contractor shall be valid wherever served.
(B) 
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 without sufficient legal justification or excuse fail or refuse timely to obey all of the terms and conditions of the subpoena including, without limitation, refusing to be sworn or affirm under penalty of perjury, shall be subject to a charge of criminal contempt against the authority of city council and such contempt is hereby declared to be an ordinance violation; and, upon adjudication through municipal court, and a conviction therefor, such person shall be punished as provided in this division.
(C) 
In addition to constituting any offense under state law, it 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 division, including, any proceeding of the city council under this division, the service of or obedience to any subpoena issued under this division, and any compelled or voluntary production of documents or things, or oral statements whether or not under oath in any proceeding under this [division], or to destroy, alter, or conceal any evidence, document, information, or thing relevant to an inquiry under this division, to suborn false statements or perjury in a proceeding under this division.
(D) 
The municipal court of the city shall have the power to hear and determine alleged violations, and upon the conviction of anyone thereunder shall punish all such persons found guilty of any violation of this division 4 as allowed by city code section 1.01.009(a). However, the city attorney shall not commence any prosecution under this division 4 until any related referrals to law enforcement authorities for violations under any state or federal laws have been resolved or the prosecutor with jurisdiction to prosecute such state or federal violations authorizes the city attorney to proceed in municipal court. If the city attorney proceeds in municipal court to prosecute offenses under this division 4, the authority for doing so is conclusively presumed, and the defendant's sole recourse is to plead double jeopardy, to the extent available, if faced with other prosecution.
(E) 
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 division. 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.
(F) 
Investigations and inquiries conducted under this division will comply with applicable provisions of the Texas Open Meetings Act and other laws and charter provisions, and ordinances.
(d) 
After an investigation is initiated under this division, the respondent shall be provided, in writing, a simple, concise, and direct summary of the allegation(s) against them within five (5) business days.
(e) 
The respondent shall be informed that:
(1) 
They may file a response with the city manager or deputy city manager within five (5) business days of receipt of notice of the allegation(s) against them.
(2) 
Failure to file a response does not preclude the city council from adjudicating the complaint.
(3) 
A copy of any response filed by the respondent will be provided by the city manager or deputy city manager to the city council.
(Ordinance 2025-O-003 adopted 1/22/2025)
(a) 
Upon conclusion of the investigation, the following rules of procedures will be used by the city council to govern a hearing on the investigation findings.
(1) 
All hearings held under this division shall be conducted in open session, except that the city council may conduct a closed session to get advice from its attorney pursuant to the Texas Open Meetings Act.
(2) 
The respondent subject to any council investigation and/or hearing under this division shall be entitled to written notice of the alleged violation of this charter, city ordinance, and/or state or federal law, as applicable; and in the event of a respondent who is an elected official subject to the forfeiture provisions of the city charter, the respondent shall be entitled to written notice of the allegations of forfeiture.
(3) 
A special meeting shall be called to hold the hearing.
(4) 
The city council agenda shall state the nature of the hearing and the allegations to be considered.
(5) 
The city council and respondent shall be provided the results of any investigation.
(6) 
In addition to any written report of investigation and written or recorded evidence, the presiding officer may present other evidence, including, but not limited to, testimony from individuals, relevant to the written notice of alleged violation which may have been made available after the written report of investigation was prepared.
(7) 
The respondent who is subject to the hearing shall be provided an opportunity to respond to the allegations and present any relevant evidence including, but not limited to, testimony from individuals.
(8) 
At the conclusion of any evidence from respondent, the presiding officer may present rebuttal evidence, and thereafter the city council may permit or bar any further evidence.
(9) 
Any city council member may ask questions of any individual witness.
(10) 
After all evidence is submitted, the presiding officer and respondent may each present their closing argument, subject to any time limits set by the city council. Any member of the city council may request clarification from presiding officer and respondent of any aspect of any closing argument.
(11) 
The rules of evidence do not apply to any investigation or inquiry under this division 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.
(12) 
Any testifying witness at an inquiry or investigation under this division has the right to consult with an attorney in confidence during such questioning, and to reasonable recesses to permit such consultation, but the presiding officer 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 council member.
(13) 
In the case of an alleged forfeiture of office pursuant to section 3.09(b) of the charter, city council shall vote on the forfeiture and on the affirmative vote of two-thirds of city council declare the office of said office holder to be forfeited and vacant.
(14) 
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 be 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 division to any other governmental officer or body.
(15) 
There is no authority to "seal" or make confidential any information or matter obtained 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.
(16) 
The city council shall refer any alleged violation by city employees and/or contractors to the city manager or their designee for disciplinary action in accordance with any applicable personnel rules.
(17) 
If an elected official subject to the forfeiture provisions of the city charter is the respondent, they are not allowed to vote for or against forfeiture of their office.
(Ordinance 2025-O-003 adopted 1/22/2025)
(a) 
If witnesses will be called for a hearing but not subject to subpoena, the presiding officer or such officer's designee must notify them through the city secretary at least five (5) business days before the hearing or within such other time period as may apply to notices of subpoenas. If the respondent wishes to call witnesses, they must provide the names to the city secretary ten (10) business days before the hearing so that the city secretary will have sufficient time to notify the witnesses. Witness identity submitted to the city secretary must include the following information:
(1) 
Name of witness.
(2) 
Telephone number of witness.
(3) 
Department and supervisor of witness, if applicable.
(b) 
The city council may by majority vote direct the termination of the testimony of any witness who is predominantly a character witness without personal knowledge of any of the material matters under investigation, or strike any irrelevant testimony that is irrelevant, including obscene testimony.
(Ordinance 2025-O-003 adopted 1/22/2025)
To the extent such representation does not violate state laws and rules respecting the unauthorized practice of law, a respondent may be represented during the investigation and/or at the hearing by any person of their choice, including an attorney at their own expense.
(Ordinance 2025-O-003 adopted 1/22/2025)
The council, upon completion of the hearing, may recess into one or more executive sessions to consult with their attorney. The council must then within a reasonable time, which absent extraordinary circumstances shall not exceed thirty (30) calendar days, after all such executive sessions reconvene the hearing into open session and determine and announce any findings of fact by a preponderance of the evidence and conclusions of law, including without limitation whether any violations of law, charter, ordinances, directives or policies were committed and render the determination in open session. During said executive sessions, council may direct the presiding officer to prepare proposed findings of fact and conclusions of law. Respondent also may propose their own proposed findings and conclusions.
(Ordinance 2025-O-003 adopted 1/22/2025)
All participants and observers at a hearing must be respectful to council, witnesses, and each other. No person present shall be permitted to indulge in personal attacks or use offensive language or conduct. It is imperative that the presiding officer maintain order at all times. The presiding officer should not permit debate or comments from any person who has not been recognized. Interruptions must be silenced by voice, use of the gavel or other means, and, in the event of any person's failure to heed the directions of the presiding officer, the presiding officer may have that individual removed from the room.
(Ordinance 2025-O-003 adopted 1/22/2025)
A decision of the city council is final unless the aggrieved parties pursue any remedies available under the law at their own expense.
(Ordinance 2025-O-003 adopted 1/22/2025)
(a) 
The following civil remedies may be recommended or imposed by council by majority vote, in addition to disciplinary and administrative actions authorized by law, charter, ordinances, contracts, rules, or policies:
(1) 
Suit for damages or injunctive relief.
It is the intent of the city that a violation of the charter or ordinances can and should be recognized by a court as a proper basis for a civil cause of action for damages or injunctive relief based upon a violation of its provisions, and that such forms of redress should be available in addition to any other penalty or remedy contained in the city code or any other law. The city council may refer a violation to the city attorney's office for consideration of a suit by the city for damages or injunctive relief. It is the intent of the city council that the content of any findings of fact and conclusions of law approved by city council shall be admissible in any such proceeding as an exception to the rules against hearsay.
(2) 
Letter of notification.
The city council may issue a letter of notification to any person, whether or not an official of the city, when the council finds that a violation was not clearly intentional or knowing. The letter must advise the person to whom it is directed of any steps to be taken to avoid future violations.
(3) 
Letter of admonition.
The city council may issue to any person, whether or not an official or employee of the city, a letter of admonition when the council finds that the violation was minor and/or may have been unintentional or inadvertent.
(4) 
Letter of reprimand.
The city council may issue to any person, whether or not an official or employee of the city, a letter of reprimand when the council finds that the person has intentionally or knowingly violated the charter or Code of Ordinances.
(b) 
In addition to the potential civil remedies provided in subsection (a), the city council may refer matters to the appropriate court for further proceedings as deemed appropriate by the prosecutor.
(1) 
Referral to municipal court.
The city council may refer any alleged violations of the city charter or Code of Ordinances which would be subject to section 54.001 of the Texas Local Government Code to municipal court for prosecution for potential imposition of fines.
(2) 
Referral to other law enforcement agencies.
The city council may refer to the city attorney a recommendation for referral to an appropriate law enforcement agency for criminal prosecution for any crime determined to have occurred.
(Ordinance 2025-O-003 adopted 1/22/2025)