Hawk Cove:Title 2

TITLE 2 - ADMINISTRATION AND PERSONNEL

NOTE: This is part of a codification project of Hawk Cove city ordinances to be presented to the Hawk Cove City Council for adoption. This is a work product that has not yet been adopted.

CHAPTER 2.01 - CITY ADMINISTRATION

§ 2.01.001 City Administrator

(a) The Office of City Administrator is hereby established as an administrative officer of the City.:

(b) The City Administrator shall serve as the chief administrative officer of the City government subject to the direction and control of the City Council.

(Ord. 2023-05-31.1 , May 31, 2023)

§ 2.01.002 Appointment, Term, and Contract

(a)The City Administrator shall be appointed by the Mayor subject to confirmation by the City Council.

(b)The City Administrator shall serve under written contract approved by the City Council.

(c) The term of office shall continue indefinitely unless terminated in accordance with the governing contract.

(d) The City Council may discharge the City Administrator at will, subject to the terms of the applicable contract.

(Ord. 2023-05-31.1 , May 31, 2023)

§ 2.01.003 Administrative Authority and Duties

(a) General Authority.

(1) The City Administrator shall serve as the administrative head of City government and liaison between City Council, City personnel, and the public.

(2) The City Administrator shall attend all Council meetings, including regular, special, and executive sessions.

(b) Personnel Authority.

(1) The City Administrator shall supervise all City employees and departments.

(2) The City Administrator shall have authority to hire, evaluate, and terminate employees without prior Council approval, except as limited by contract or ordinance.

(3) The City Administrator may establish hiring panels consisting of City Administrator, City Secretary, department heads, and one Council member as needed.

(c) Financial Authority.

(1) The City Administrator shall monitor all financial affairs of the City.

(2) The City Administrator shall assist in preparation and administration of the annual budget.

(3) The City Administrator shall have purchasing authority up to $50,000.

(d) Operational Authority.

(1) The City Administrator may establish City facility hours and operational access schedules.

(2) The City Administrator shall implement Council policy decisions.

(Ord. 2023-05-31.1 , May 31, 2023)

§ 2.01.004 Non-Interference with Administrative Operations

(a) No Council member shall direct or attempt to direct the hiring, firing, or supervision of City employees under the authority of the City Administrator.

(b) Council members shall communicate with City personnel only through the City Administrator, except as otherwise authorized by law.

(c) Council members shall not issue operational directives to City employees.

(Ord. 2023-05-31.1 , May 31, 2023)

CHAPTER 2.02 - AGENDA AUTHORITY

§ 2.02.001 Agenda Control Authority

(a) The City Administrator shall have sole authority to determine items placed on City Council agendas.

(b) Agenda items shall be structured to ensure efficiency, compliance, and avoidance of legal risk to the City.

(c) The City Council may make recommendations but shall not require inclusion of agenda items outside administrative determination.

(Ord. 2023-05-31.2 , May 31, 2023)

§ 2.02.002 Purpose of Agenda Management

Agenda management is intended to:

(a) Promote efficient governance and decision-making;

(b) Reduce administrative inefficiencies;

(c) Maintain compliance with applicable law;

(d) Prevent disruption of administrative hierarchy.

(Ord. 2023-05-31.1 , May 31, 2023; Ord. 2023-05-31.2 , May 31, 2023)

CHAPTER 2.03 - COUNCIL-STAFF COMMUNICATIONS

§ 2.03.001 Communication Through Administrator

(a) Council members shall communicate with City administrative staff only through the City Administrator.

(b) Council members shall not issue independent directives to City personnel.

(Ord. 2023-05-31.3 , May 31, 2023)

§ 2.03.002 Prohibited Interference

(a) Council members shall not interfere in personnel decisions or administrative supervision.

(b) Any attempt to bypass administrative structure is prohibited.

(Ord. 2023-05-31.3 , May 31, 2023)

CHAPTER 2.04 - FINANCIAL SIGNATORY CONTROLS

§ 2.04.001 Authorized Signers

(a) Authorized signers for City accounts shall be limited to:

(1) City Secretary (City Administration);

(2) City Court Clerk (City Staff);

(3) City Utilities Clerk (City Staff).

(b) No City Employee shall be an authorized signer on any City account.

(Ord. 2023-05-31.3 , May 31, 2023)

CHAPTER 2.05 - COUNCIL CONDUCT AND INFORMATION ACCESS

§ 2.05.001 Information Access Restrictions

(a) Council members shall have access to City records only under supervised conditions.

(b) Council members may not remove, copy, or photograph original City records.

(c) Access shall be scheduled and supervised by City Administrator and City Secretary.

(Ord. 2023-05-31.5 , May 31, 2023)

§ 2.05.002 Record Custodianship

(a) Council members are temporary custodians of records only in their official capacity.

(b) All records must be surrendered upon request or termination of service.

(Ord. 2023-05-31.5 , May 31, 2023)

§ 2.05.003 Prohibited Dissemination

(a) Council members shall not disseminate City records outside official meetings.

(b) Unauthorized disclosure is subject to civil and criminal penalties under applicable law.

(Ord. 2023-05-31.5 , May 31, 2023)

CHAPTER 2.06 - VENDOR AND CONTRACTOR COMMUNICATIONS

§ 2.06.001 Restrictions on Contact

(a) Council members shall not contact City vendors or contractors except as authorized.

(b) Authorized contacts include Mayor, City Administrator, City Secretary, City Attorney, and City Prosecutor.

(c) Any other contact requires joint written authorization of Mayor and City Administrator.

(Ord. 2023-05-31.4 , May 31, 2023)

§ 2.06.002 Contract Integrity Requirement

(a) The City shall honor all valid contracts executed by authorized City officials.

(b) Council members shall not interfere with contract administration outside official meetings.

(Ord. 2023-05-31.4 , May 31, 2023)

CHAPTER 2.07 - COUNCIL QUALIFICATION AND INSTALLATION

§ 2.07.001 Qualification and Canvass

(a) Election results shall be canvassed prior to installation of Council members.

(b) Candidate qualifications shall be verified prior to oath administration.

(Ord. 2023-05-31.9 , Mar 31, 2023)

§ 2.07.002 Oath and Installation

(a) No Council member may act in official capacity prior to qualification and oath administration.

(b) Oath of office shall be administered by the Mayor.

(Ord. 2023-05-31.9 , Mar 31, 2023)

§ 2.07.003 Election Integrity Provisions

(a) Candidates may be subject to investigation regarding election-related wrongdoing prior to installation.

(b) Allegations include voter fraud, ballot fraud, and related offenses under applicable law.

(Ord. 2023-05-31.9 , Mar 31, 2023)

CHAPTER 2.08 - CITY SECRETARY

§ 2.08.001 Office Established.

(a) The Office of City Secretary is hereby established as an administrative office of the City.

(b) The City Secretary shall serve as the official custodian of the records of the City.

(c) The City Secretary shall perform the duties prescribed by ordinance, the City Council, and applicable law.

(Ord. 99-0, Sept. 19, 1999; Ord. 2023-05-31.1, May 31, 2023)

§ 2.08.002 Appointment, Authority, and Removal.

(a) The City Secretary shall be appointed by the City Council.

(b) The City Council shall prescribe the duties of the City Secretary.

(c) The City Council shall prescribe any bonds required of the City Secretary.

(d) The City Council may dismiss the City Secretary at any time, subject to applicable law and any governing contract provisions.

(Ord. 99-0, Sept. 19, 1999; Ord. 2023-05-31.1, May 31, 2023)

§ 2.08.003 General Duties and Responsibilities.

The City Secretary shall perform all duties required by state law, city ordinance, and direction of the City Council, including duties related to records management, meeting administration, elections, public notices, certifications, and administrative support functions.

(Ord. 2018-002, Nov. 10, 2020; Ord. 2023-05-31.1, May 31, 2023)

§ 2.08.004 Meetings, Minutes, and Legislative Records.

(a) The City Secretary shall attend meetings of the City Council unless excused by the City Council or prevented by absence or disability.

(b) The City Secretary shall maintain accurate minutes of City Council proceedings.

(c) The City Secretary shall engross and enroll all ordinances, resolutions, and other official actions of the City Council.

(d) The City Secretary shall maintain official records of all legislative actions of the City.

(Ord. 2018-002, Nov. 10, 2020)

§ 2.08.005 City Seal, Records, and Official Documents.

(a) The City Secretary shall maintain custody of the corporate seal of the City.

(b) The City Secretary shall arrange, maintain, and preserve records of the City Council and municipal government.

(c) The City Secretary shall maintain all contracts approved by the City Council.

(d) The City Secretary shall maintain records of municipal bonds, warrants, licenses, commissions, and other official instruments required by law or ordinance.

(Ord. 2018-002, Nov. 10, 2020)

§ 2.08.006 Elections Administration.

(a) The City Secretary shall serve as the election administrator for municipal elections unless otherwise provided by law or agreement.

(b) The City Secretary shall prepare, post, publish, and maintain all election notices required by law.

(c) The City Secretary shall receive and process candidate applications for office.

(d) The City Secretary shall receive petitions, initiatives, referenda, and other filings authorized by law and shall verify such filings when required.

(e) The City Secretary shall administer election procedures required by law.

(Ord. 2018-002, Nov. 10, 2020)

§ 2.08.007 Records Management and Public Information.

(a) The City Secretary shall serve as Records Management Officer unless otherwise designated by the City Council.

(b) The City Secretary shall administer the City's records retention program.

(c) The City Secretary shall maintain, preserve, and make available public records in accordance with applicable law.

(d) The City Secretary shall process requests for public information in accordance with the Texas Public Information Act.

(e) The City Secretary shall prepare and post agendas and public notices as required by law.

(Ord. 2018-002, Nov. 10, 2020; Ord. 2023-05-31.1, May 31, 2023; Ord. 2023-05-31.5, May 31, 2023)

§ 2.08.008 Oaths, Attestations, and Certifications.

(a) The City Secretary may administer oaths as authorized by law.

(b) The City Secretary shall attest contracts, certificates, and official instruments executed by authorized City officers when required.

(c) The City Secretary shall certify official records and actions of the City.

(d) The City Secretary shall countersign commissions and licenses issued by the City when required by law or ordinance.

(Ord. 2018-002, Nov. 10, 2020)

§ 2.08.009 Financial Recordkeeping Functions.

(a) The City Secretary shall maintain records of municipal receipts and disbursements as required by law or City procedure.

(b) The City Secretary shall maintain records of municipal warrants, bonds, indebtedness, and related financial instruments.

(c) The City Secretary shall perform accounting and recordkeeping duties assigned by ordinance, City policy, or the City Council.

(d) Nothing in this section shall be construed to grant budgetary, purchasing, personnel, or executive administrative authority vested in the City Administrator.

(Ord. 2018-002, Nov. 10, 2020; Ord. 2023-05-31.1, May 31, 2023)

§ 2.08.010 Administrative Support Functions.

(a) The City Secretary shall prepare correspondence, notices, reports, and administrative documents as required for municipal operations.

(b) The City Secretary shall assist the City Council, Mayor, and City Administrator in carrying out lawful administrative functions.

(c) The City Secretary shall perform such additional administrative duties as may be assigned by the City Council or City Administrator consistent with law.

(Ord. 2018-002, Nov. 10, 2020; Ord. 2023-05-31.1, May 31, 2023)

§ 2.08.011 Acting Administrator During Absence or Disability.

During the absence or disability of the City Administrator, the duties of the City Administrator shall temporarily devolve upon the City Secretary until the City Administrator returns or until another qualified person is designated in accordance with applicable ordinance or contract provisions.

(Ord. 2023-05-31.1, May 31, 2023)

§ 2.08.012 Records Custody and Access.

(a) The City Secretary shall be the official custodian of all City records.

(b) All City records shall be maintained, preserved, and made available in accordance with applicable law.

(c) Access to official records shall be governed by procedures established by the City.

(Ord. 2023-05-31.5, May 31, 2023)

§ 2.08.013 Certification and Authentication.

(a) The City Secretary shall certify and authenticate official City documents.

(b) Certified copies of City records shall constitute prima facie evidence of the authenticity of such records in any legal proceeding.

(Ord. 2023-05-31.1, May 31, 2023)

§ 2.08.014 Coordination with City Administration.

(a) The City Secretary shall serve as an administrative support officer to the operations of the City.

(b) The City Secretary shall coordinate administrative activities with the City Administrator as necessary for efficient municipal operations.

(c) Nothing in this chapter shall be construed to diminish the City Secretary's authority as the official custodian of City records or to expand the authority of the City Secretary into powers expressly vested in the City Administrator by ordinance.

(Ord. 2023-05-31.1, May 31, 2023)

CHAPTER 2.09 - CITY ATTORNEY

§ 2.09.001 Office Established

(a) The Office of City Attorney is hereby established as the legal advisor and attorney for the City.

(b) The City Attorney shall serve all offices and departments of the City in legal matters.

(c) The City Attorney shall represent the City in litigation and legal proceedings, except as otherwise provided by Council authorization of special counsel.

(Ord. 99-2 , August 31, 1999)

§ 2.09.002 Appointment and Qualifications

(a) The City Attorney shall be appointed by the Mayor with the concurrence of the City Council.

(b) The City Attorney shall be a competent, duly qualified, and licensed attorney authorized to practice law in the State of Texas.

(c) The City Council may retain special counsel at any time deemed necessary.

(Ord. 99-2 , August 31, 1999)

§ 2.09.003 Legal Authority and Duties

(a) The City Attorney shall serve at the discretion of the City Council.

(b) The City Attorney shall receive compensation as fixed by the City Council.

(c) The City Attorney shall:

(1) Serve as legal advisor to all City offices and departments;

(2) Represent the City in all litigation and legal proceedings;

(3) Review and provide concurrence or dissent on all contracts, documents, and legal instruments in which the City has an interest;

(4) Perform all duties prescribed by ordinance or directed by the City Council.

(Ord. 99-2 , August 31, 1999)

CHAPTER 2.10 - MAYOR

§ 2.10.001 Mayor as Chief Executive Officer.

(a) The Mayor is the chief executive officer of the city.

(b) The Mayor shall at all times actively ensure that the laws and ordinances of the city are properly carried out.

(c) The Mayor shall perform the duties and exercise the powers prescribed by state law and city ordinance.

(Ord. 2018-001, Nov. 10, 2020)

§ 2.10.002 Presiding Officer Duties.

(a) The Mayor shall preside at all meetings of the City Council.

(b) Except in elections, the Mayor may vote only in the event of a tie vote.

(c) If the Mayor fails, is unable, or refuses to act, the Mayor Pro Tem shall perform the duties of the Mayor.

(d) If both the Mayor and Mayor Pro Tem are absent, any Alderman may be appointed to preside over the meeting.

(Ord. 2018-001, Nov. 10, 2020)

§ 2.10.003 Special Meetings.

(a) The Mayor may call a special meeting of the City Council on the Mayor's own motion.

(b) The Mayor shall call a special meeting upon the application of three Aldermen.

(c) Notice of a special meeting shall be provided to each member of the governing body, the City Secretary, and the City Attorney as required by law.

(Ord. 2018-001, Nov. 10, 2020)

§ 2.10.004 Executive Duties.

(a) The Mayor shall inspect the conduct of elected municipal officers and shall cause negligence, carelessness, or violations of duty to be addressed as authorized by law.

(b) The Mayor shall provide information and recommendations to the City Council concerning the finances, police, health, security, cleanliness, comfort, ornament, and good government of the city.

(c) The Mayor may administer oaths as authorized by law.

(Ord. 2018-001, Nov. 10, 2020)

§ 2.10.005 Legislative Duties.

(a) The Mayor shall assist in expediting the business of the City Council by ensuring discussion remains focused upon posted agenda items and matters appropriate for future agendas.

(b) The Mayor shall enforce rules of procedure, order, and decorum adopted by the City Council.

(c) The Mayor shall announce the results of votes taken by the City Council.

(d) The Mayor shall sign documents reflecting actions taken by the City Council when required by law or ordinance.

(Ord. 2018-001, Nov. 10, 2020)

§ 2.10.006 Emergency Authority.

(a) In the event of a riot, unlawful assembly, or other disturbance threatening the peace and good order of the city, the Mayor may exercise emergency authority granted by state law.

(b) Such authority includes the power to order the closing of places of recreation, entertainment, public rooms, or public buildings when necessary to preserve peace and public order.

(c) The Mayor may order the arrest of persons violating state law or city ordinance in the Mayor's presence as authorized by law.

(Ord. 2018-001, Nov. 10, 2020)

§ 2.10.007 Budget Officer Duties.

(a) The Mayor shall serve as budget officer of the city unless another budget officer is authorized by law.

(b) The budget officer shall prepare the annual municipal budget in accordance with Chapter 102, Texas Local Government Code.

(c) The proposed budget shall contain the information required by state law, including estimated revenues, expenditures, obligations, available funds, and proposed tax rates.

(Ord. 2018-001, Nov. 10, 2020)

§ 2.10.008 Restrictions on Administrative Authority.

(a) The Mayor's authority does not extend to the normal functions and day-to-day operations of city administration.

(b) The Mayor shall not hire, terminate, direct, supervise, or delegate duties to city employees except as expressly authorized by law or ordinance.

(c) The Mayor shall not independently contact the City's legal counsel, vendors, contractors, or other third parties on behalf of the city except as authorized by ordinance, contract, or action of the City Council.

(d) The Mayor shall not issue licenses or commissions except as authorized by law.

(e) The Mayor shall not enter into, modify, terminate, or cancel agreements on behalf of the city unless authorized by the City Council or applicable law.

(Ord. 2018-001, Nov. 10, 2020)

§ 2.10.009 Mayor Pro Tem.

The Mayor Pro Tem shall perform the duties of the Mayor whenever the Mayor is absent, unable to act, refuses to act, or when otherwise required by law or ordinance.

(Ord. 2018-001, Nov. 10, 2020)

§ 2.10.010 Staggered Terms of Office.

(a) The Mayor and Aldermen shall serve staggered two-year terms.

(b) The Mayor, Alderman Place 4, and Alderman Place 5 shall be elected in odd-numbered years and shall serve two-year terms.

(c) Alderman Place 1, Alderman Place 2, and Alderman Place 3 shall be elected in even-numbered years and shall serve two-year terms.

(d) Successors elected to those offices shall serve two-year terms.

(Ord. 99-1, Jun. 10, 1999; Ord. 2018-001, Nov. 10, 2020)

CHAPTER 2.11 – CITY COUNCIL

§ 2.11.001 – Governing Body

The City Council is the governing body of the City and shall exercise all powers granted by the Constitution and laws of the State of Texas.

(Derived from Type A General Law Municipal Authority)

§ 2.11.002 – Composition

The City Council shall consist of the Mayor and five Aldermen elected from designated places as provided by law and ordinance.

(Ord. 99-1, Jun. 10, 1999; Ord. 2018-001, Nov. 10, 2020)

§ 2.11.003 – Legislative Authority

The City Council shall exercise all legislative and policy-making authority of the City except as otherwise provided by state law.

(Derived from Type A General Law Municipal Authority)

§ 2.11.004 – Meetings

The City Council shall conduct regular, special, emergency, and called meetings in accordance with state law and City ordinance.

(Ord. 2018-001, Nov. 10, 2020)

§ 2.11.005 – Quorum

A quorum of the City Council shall consist of the number required by state law.

(Derived from Texas Local Government Code)

CHAPTER 2.12 – BOARDS, COMMISSIONS, AND COMMITTEES

§ 2.12.001 – Creation Authorized

The City Council may create boards, commissions, advisory committees, and similar bodies by ordinance or resolution as authorized by law.

(Derived from General Municipal Authority)

§ 2.12.002 – Appointments

Members of boards, commissions, and committees shall be appointed in the manner prescribed by the creating ordinance, resolution, or applicable law.

(Derived from General Municipal Authority)

CHAPTER 2.13 – CITY FACILITIES

§ 2.13.001 – DEFINITIONS

(a) Smoking means the act of burning any tobacco product, weed, filler, or plant of any kind in a cigarette, cigar, pipe, or any other smoking equipment or device.

(Ord. 04-105, Oct. 14, 2004)

§ 2.13.002 – SMOKING PROHIBITED IN CITY FACILITIES

(a) It shall be unlawful to smoke within any structural area of any City-owned and operated facility, including, but not limited to:

(1) Offices;

(2) Restrooms; and

(3) Break rooms.

(b) This prohibition applies to:

(1) City Hall Administrative Offices, located at 1585 Maria Street, Hawk Cove, Texas;

(2) Hawk Cove Police Department and Municipal Court Offices, located at 1585 Maria Street, Hawk Cove, Texas; and

(3) Any future facility owned and operated by the City.

(Ord. 04-105, Oct. 14, 2004)

§ 2.13.003 – DESIGNATED SMOKING AREA

(a) The designated area outside City Hall Administrative Offices, located at 1585 Maria Street, Hawk Cove, Texas, is declared to be a place in which smoking shall be lawful at all times.

(Ord. 04-105, Oct. 14, 2004)

§ 2.13.004 – NO-SMOKING SIGNS

(a) The City Administrator is authorized to affix and prominently display "No Smoking" signs in any public place in which smoking is prohibited.

(b) No smoking regulation under this chapter shall be effective unless such signs are in place.

(Ord. 04-105, Oct. 14, 2004)

§ 2.13.005 – PENALTY

(a) Any person found to be in violation of this chapter shall be subject to a fine not to exceed five hundred dollars ($500.00).

(b) Each instance of violation shall be considered a separate offense.

(Ord. 04-105, Oct. 14, 2004)

CHAPTER 2.90 – GENERAL ADMINISTRATION

§ 2.90.001 – Reserved

Reserved for future administrative ordinances not otherwise codified within this title.