HomeMy WebLinkAbout11-05-2002 Special Called Meeting
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MINUTES OF THE
SPECIAL CALLED MEETING
CITY MANAGER SELECTION COMMITTEE
NOVEMBER 5, 2002
1. CALL TO ORDER
The meeting was called to order by Chairman Mosteit at 6:00 p.m.
Members ofCitv Manager Selection Committee Present: Mike Mosteit, Bruce Meismer and
Chuck Engelken
Others Present: Mayor Malone, Council member Beasley and Assistant City Secretary Sharon
Harris
2. The Committee discussed the process and time table for selection of a City Manager:
· Current job description for City Manager would be used.
· Discussed draft for advertisement being an example from the Texas Municipal League,
and discussed where to advertise Committee approved ad; Texas Municipal League's
and National League of Cities' websites' job search, and the Texas Municipal Clerks
Association's e-group.
· Mayor Malone and City Secretary Martha Gillett will be the point-of-contact for
conducting the recruitment.
· Entire City Council will be a part of the selection of top applicants.
· Applicants will receive a formal letter from Mayor, with an attached timetable.
3. There being no further business, the City Manager Selection Committee was duly adjourned at
7:36 p.m.
Respectfully submitted,
cmw~ fl. flfAd
City Secretary Martha Gillett
ATTENTION:
- THE LOCAT& OF THE SPECIAL CALL. CITY
MANAGER SELECTION PROCESS COMMITTEE
MEETING HAS BEEN CHANGED TO THE CITY HALL
LUNCH ROOM
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A COUNCIL
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FRONT ENTRANCE
Week 1\
. Obtain a status report on City organization and ~ Week 1/ '
projects ~
- Determine who will be responsible for conducting - ~ ~"'~
.i};':-" the recruitment ' ~~
I \ ~ (- Establish recruiting guidel ines for the pos~tion . ~ tl4L illsJe; 6lkco:
, ~ I _ Confirm scope of the recrui tment ~ :rob ~sCC"\".h__ (!,{.h
\ - Confi rm steps i nvo1 ved in the recrui tment process q iJ~'" t...,
, - beA-firm- eeHtJ*A-S~A--paramctcFs __': '~/I ~
Es tab 1i sh a ti metab 1 e for th e recrui tmen t process . (fit L
- .~ -
, 'J. Prepare and
, 'ii- .
appropr1ate
~
EXHIBIT A--RE~ITING AND SELECTING A CITY MA~
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Summary Checklist
. If necessary, designate an interim City Manager
,/'
place advertisements for the position in
publications
.
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. Identify outstan~ing potential candidates and send
them a written invitation to apply for the position
Personally contact the outstanding potential 'candi-
dates as a follow-up to the written invitation to
Ti me tab 1 e
Week,K
1..- 1
~eeks.)' and;lt
1-- ~
\'Jeeks,R'" and r
. Acknowledge all resumes as they are received
~{f,~M'-
. Review all resumes received after the application
deadline has passed
. Conduct work-rel ated backgroun d checks on a small er
group of applicants
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EXHIBIT A--RECRUI~ AND SELECTING A CITY MANAGE~ontinued}
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Summary Checklist
Timetab 1 e
. Confirm the selection process that will be used
- Confirm finalists ~ ~~tt-u../~IJ...<\e~/
- Agree on a specific selection process
- Establish a timetable for the selection process
... DeterRl;F18 poliC'''y on reimBtlYSelllent of Fillalist
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. Noti fy final i sts and schedule them for interviews
Week 9
. Conduct interviews, follow-up interviews and make a Weeks 10 and 11
se1 ecti on _.----.----.-----..-...-.-._...
. - -. ...-...------ . ..--.--..---........--........--.-----.---------...---...
. Negotiate terms and conditions of employment, and
reduce to writing
Week 12
Finalize related arrangements
- Determine a start date
- Confirm a method of announcing the hiring
decision
- Advise all other applicants of their status
- Plan an orderly transition
Week 12
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TML ONLINE CLASSIFIED AD:
City of La Porte - City Manager
Position Description: The City of La Porte, located in Harris County , on the west bank.
of Galveston Bay, just 30 minutes from downtown Houston, is seeking to fill the position
of City Manager. The City's current budget is $58,876,322 and currently employes 408
employees. La Porte is a Home Rule City with a Council-Manager form of government.
Applications will be received until December 6, 2002. Resumes may be sent to City of
La Porte, Attn: City Secretary, 604 West Fairmont Parkway, La Porte, Texas 77571 or
by calling 281-471.-5020 ext. 221, or email gil1ettm@ci.1a-po.rte.tx.us The City of La
Porte is an EOE.
Posted 11-8-02.
TML Online Classifieds
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Municipal League
Classified Advertising
Use the TML Online Classified Section to hire personnel, sell used
equipment, or obtain employment (All classifieds are in Texas, unless
otherwise noted).
Classifieds will appear for one month on TML Online.
This is a complimentary service for member cities of the Texas
Municipal League. Non-member rates are $50 for 35 ~rds or less; 75
cents for each additional word. Out-of-state submissiOns must be paid
in advance. Please contact the Accounting Dep-artrrlent.
Click here to fill out and submit online the TML Online Classified Ad
Submission Form.
For assistance with uploading, removing or changing your ad, please
e-mail class@tm1.org
TML Classifieds Index
Administrative
Code Enforcement
City Administrator/Manam ParksIRecreation/Tourism
Municip-al Court
Engineering
Finance
General
Human Resources
Information Services
(Library Services/Public
Information Officer)
Legal
Planning
Public Safety
Public WorkslUtilities
Technology
Out-of State
Items for Sale
l!:l2002 Texas Municipal League Austin, Texas (512) 231-7400
http://www.tml.org/classifieds.html
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10/29/2002
TML Classifieds City Adminltor/Manager
Municipal League
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._"~__Wjrcli~k~~~e']
IAdministrative .
_ __ ...!"":,.......-:-o--~~. .
CIassifieds: City Admin/Manager
Hobbs, NM - City Manager
Position Description: $85,000 to $105,000 annually (DOEE)
GENERAL DESCRIPTION: Performs high level administrative, technical
and professional work in directing and supervising the administration of City
Government.
MINIMUM QUALIFICATIONS: Graduation from an accredited four-year
college or university with a degree in public administration, political science,
business management or a closely related field, and five (5) years of related
experience, three (3) of which must have been at a senior administrative level;
or any equivalent combination of education and progressively responsible
experience, with additional work experience substituting for the required
education on a year for year basis.
Apply: James L. Mercer, The Mercer Group, Inc., 551 W. Cordova Rd., Santa
Fe, NM 87501
Rosted: 10/25/02 I .. f}, 1.. .
t1\Al ~. J..JJiot~
V\ ()\- fs\tamford - City Manager ' tL ~-(-k-- 1 (J( tJt6
Position Description: e City of ~am~rd is seeking to fill the position of
City Manager. . is 38 miles North of Ab~ens. Texas. The City's
current budget is $3,200,000.00 and currently..dt> elbtJloyees. Stamford is a
Home Rule City with a Council-Manager form of government. Applications
will be received until November 15,2002. M$L /5.J-."'.I<(j #7 ~ft l4J '"b
Resumes may be sent to City of Stamford, Attn: City Secretary, P.O. Drawer I
191 Stamford, Texas 79553 or by calling 915-773-2591. The City of Stamford
is an EOE. .a..d.t a i (/J CbA "& AJ I1J 1\,1 /LoA ~18f "
Posted: 10/25/02 -, ~--J ~".....,., c.(lIlWO s
plIf &r wUK.s
Lancaster - Assistant City Manager .
RESPONSIBILITIES: Provision of professional and technical support and
advice to the City Manager. Provision of general oversight and administrative
direction to selected city departments. Research, analysis, and implementation
of programs and policies related to municipal government operations.
REQUIREMENTS: Master's degree in Public Administration or related field.
Five to seven years experience in a senior level admin. position which
included responsibility for budgeting, personnel administration, strategic
http://www.tml.org/classifieds_cm.htm
10/29/2002
TML Classifieds City Adminiltor/Manager
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planning and forecasting. Some experience in a municipal government work
environment. Any equivalent combination of training and experience will be
considered. Work history should reflect increasingly responsible
administrative and supervisory duties. Must possess high energy, creative and
innovative ideas, and the ability to develop and maintain good working
relationships with community groups, boards and commissions, and
government agencies. SALARY RANGE: $73,000 plus, depending on
qualifications.
Contact: Ron Holifield, 208 Dalton Dr. DeSoto, TX 75115, Phone: 972-230-
9119
Fax: 972-230-9240, E-mail: Ron@GovernmentResource.com
Posted: 10/22/02
Van AIstyne - City Administrator
Position Description: Van Alstyne, Grayson County population 2507 is
accepting applications for City Administrator until filled. Applicants should
have 5 years municipal experience, at least 2 years in administrative or
department head position, or equivalent education and work experience. Van
Alstyne has a budget of $6,000,000.00 with 35 employees, and is a growing
community 30 miles north of Da,llas, on U.S. Hwy 75. Compensation /benefit
package will include, salary 40-$65,000.00 based on qualifications. The city
provides 11 days annual vacation, 9 holidays and 2 floating holidays, car
allowance, and reimbursable city expenses, retirement and health plan.
Resumes may be submitted to the City Secretary, Cynthia Towers, 207 E.
Jefferson St., Van Alstyne, TX 75495.
Posted: 10/21/02
Shallowater - City Administrator/Public Works Director
Position Description: The City of Shallowater is accepting applications for the
position of City Administrator/Public Works Director. Population 2086, City
of Shallowater is a growing community with 12 employees. Qualified
candidates should possess 5 years management experience in city or county
government, budget preparation, Class c water and wastewater license. Prefer
Bachelors Degree from 4-year university or college. Ability to work with
public officials, citizens, and civic organizations. Ability to develop long-term
policies and procedures for growth of city.
Please send application and resume to: Mike Arismendez, Mayor, City of
Shallowater, P.O. Box 246, Shallowater, TX. 79363
Posted: 10/21/02
Commerce - City Manager
Position Description: The City of Commerce is located 70 miles northeast of
Dallas. Texas A&M University-Commerce offers over 100 major fields of
study and approximately 80% of high school graduates attend college.
Commerce is a home rule city with five department heads, staff of 75 and
annual budget of $7.5 million. City owned water/wastewater. Preferred
requirements: Degree from an accredited college or university; city manager
or assistant city manager experience; knowledge of city infrastructure and
capital improvement 'programs; extensive experience in finance, bonds and
. taxes; good communicator; focus on community and university relations;
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10/29/2002
TML Classifieds City Adminltor/Manager
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leadership, planner, personable, organizer, Current manager is retiring. Salary
range of $70,000 +/- DOQ
Contact: Johnson & Associates, Commerce Search, 8308 Tecumseh Drive,
Austin, TX 78753-5745, E-mail iohnson@jatoday.com, Fax 512.832.0002,
Phone 512.339.9000. Resumes and supporting information are accepted
until Friday, November 29,2002, or until the position is filled. More
information at www;jatoday.con1, select Positions Available.
Posted: 10/21/02
Haslet - City Administrator
Description: Oversees the day to day operation of the City. Ensures all
applicable federal, state and local laws, ordinances and regulations are
effectively enforced; to include insuring local ordinances and regulations are
properly developed and implemented. Applies for federal, state, and private
foundation grant funding. Develops long-range plans, with guidance from
elected and appointed officials, and assists the community achieving common
goals and objectives. Prepares an annual budget draft with the assistance of
Mayor and Council. Requirements: Degree in Public Administration, Political
Science, or Business, or related field plus a min. five years municipal
managerial experience. Knowledge of budgeting, financial systems, and
accounting procedures. Strong verbal and written communication skills,
computer literate in Microsoft office, knowledgeable of local government
codes, federal and state laws. Must be bondable. Experience in writing and
securing grants, economic development, land use, financial planning, and
regional government issues. Salary: Commensurate with qualifications and
experience. Deadline for closing: open until filled.
Send resume to Sandy Hart, CMC, City Secretary, 105 Main Street, Haslet,
Texas 76052, (817) 439-5931, x5 or FAX (817) 439-1606.
Re- Posted: 10/21/02
Hide-A-Way Lake Club, Inc. - General Manager
Position Description: Hide-A- Way Lake, a 3000 member gated community
near Tyler which includes a 27 hole golf course, lodge w/food&beverage, a
pro-shop w/food&beverage, 26 miles of private roads, private security force
and other amenities is looking for a general manager. The successful GM
candidate must be high energy with the charisma to establish a cordial
relationship with members, must have a strong service orientation and the .
ability to provide direction and leadership to approximately 100 employees,
including 6 supervisors. Proven financial and budgeting ability is a
prerequisite. The successful candidate will be highly skilled in
communication, including keeping the board of directors informed. Salary
commensurate with experience and qualifications. Benefits include incentive
bonus, health & life insurance, 401 k plus vacation.
Please submit resume to: Aubrey Jenkins, President, Hide-A- Way Lake
Club,Inc., 302 Hide-A-Way Central, Lindale, Texas 75771
Posted: 1017/02
Round Rock - City Manager
Position Description: The City of Round Rock, located 15 miles north of
downtown Austin, is seeking an experienced public management professional
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Page 3 of 5
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10/29/2002
TML Classifieds City Adminis.trator/Manager
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to lead the City's management team. The City has 9 major departments,
supports a staff of 637 full-time employees with an annual budget of over
$85,690,000. The position provides primary oversight and leadership
responsibilities for City departments/functions. The position also coordinates,
directs and guides department directors and corresponding services as well as
carries out adopted policies of the City Council. Experience utilizing the
Bleiker Communication Model (SDIC) systematic development of informed
consent and knowledge an~ experience related to the concept of a High
Performing Organization is a definite plus. A BA/BS degree with minimum of
10 years of executive level experience is required. MP A, MBA, preferred.
Women and ethnic minorities are strongly encouraged to apply. Identity of
persons selected for interview subject to public disclosure per statute. We
offer competitive compensation and benefits package.
For consideration forward your resume with salary requirements to: JOANNE
LAND, JLand Municipal Consultants, 221 E. Main Street, Round Rock,
Texas 78664. Resumes may be e-mailedtoiland@round-rock.tx.us. TEL:
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512/422-0735. Resume deadline is November 15, 2002. For more
information about this position log on to www.cLround-rock.tx.us.
Posted: 10/7/02
Lancaster - Assistant City Manager
Position Description: The City of Lancaster (25,840) is recruiting to fill key
management position in our rapid-growth community. This position is
responsible for the provision of professional and technical support and advice
to the City Manager. Provides general oversight and administrative direction
to selected city departments. Duties also include the research, analysis, and
implementation of programs and policies related to municipal government
operations. Requirements: Master's Degree in Public Administration or a
related field and five to seven years in a senior level administrative position
which included responsibility for budgeting, personnel administration,
strategic planning and forecasting. Some municipal government experience
required. Work history should reflect increasingly responsible administrative
and supervisory duties. Any equivalent combination of training and
experience will be considered. Must possess high energy; creative and
innovative ideas; and the ability to develop and maintain good working
relationships with community groups, boards and commissions and
government agencies. Excellent interpersonal and communication skills
required. Salary: $73,000 plus depending on qualifications.
Contact: Lynn Gage, P.O. Box 940 Lancaster, TX 75146, Phone: (972) 218-
1111, Fax: (972) 218-7290, E-mail: .Igage@ci..1ancaster.tx.us
Posted: 10/2/02
League City - City Administrator
Position Description: League City, located 25 miles north of Galveston and 25
miles south of Houston, is a dynamic, ever-expanding community with a
unique blend of high tech aerospace and petrochemical industry base, upscale
commercial, retail, and boating facilities, and a sought-after quality of life.
The position of City Administrator plans, coordinates, directs, and supervises
the operation of the Municipal government. The City has a $65 million annual
budget and 350 employees. The requirements are a BA/BS degree and seven
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TML Classifieds City Administrator/Manager
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years experience in public administration or a related field. An MP A or MBA
is preferred.
Contact: Joy Allmond, 300 West Walker, League City, TX 77573, Phone:
281-338-4820, Fax: 281-332-2938, E-mail: iallmond@ci.league-citv.tx.lls
Posted: 9/27/02
(back to top)
For additional City Management postings, please visit TCMA's listing of
Career Openings.
ADMINISTRATION I CITY MANAGEMENT I TCMA CM/CA Jobs ODenines List I CODE ENFORCEMENT I
COURT I ENGINEERING I FINANCE I GENERAL I HUMAN RESOURCES I INFORMATION SERVICES I
LEGAL I PARKS. RECREATION & TOURISM I PLANNING I PUBLIC SAFETY I PUBLIC WORKS & UTILITIES I
. TECHNOLOGY I OUT of STATE I ITEMS for SALE I PRICING I SUBMIT I
<<:>2002 Texas Municipal League Austin, Texas (512) 231-7400
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CITY CHARTER AND CURRENT CITY MANAGER JOB
DESCRIPTION FOR THE CITY OF LA PORTE
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PART I
CHARTER.
Article I. Incorporation; City Powers
1.01. Incorporation.
1.02. City boundaries.
1.03. Modification of city boundaries.
1.04. Form of government.
1.05. Powers of the city.
1.06. Special provisions for damage suits.
2.01.
2.02.
2.03.
2.04..
2.05.
. 2.06.
2.07.
2.08.
2.09.
2.10.
2.11.
Article ll. City Council
Composition of city council.
Qualifications.
Conduct of elections.
Vacancies in city council.
Compensation.
Original meeting of new council.
Meetings. "
Duties of inayor.
Powers of council.
Additional discretionary powers.
Ordinances.
Article m. Administration
3.01. City manager.
3.02. Administrative departments.
3.03. City secretary.
3.04. Municipal court.
3.05. City attorney.
Article N Budget
4.01. Preparation and submission of budget.
4.02. Availability of proposed budget.
4.03. Budget adoption.
4.04. Public record.
*Editor's note-Printed herein is the Charter of the City of La Porte, Texas, as adopted by
ordinance number 1216, ~ 1 on May 21, 1980, and adopted by referendum on August 9, 1980.
Amendments to the Charter are indicated by parenthetical history notes following amended
provisions. The absence of a history note indicates that the provision remains unchanged from
the original Charter. Obvious misspellings have been corrected without notation. For stylistic
purposes, a uniform system of headings, catchlines and citations to state statutes has been
used. Additions made for clarity are indicated by brackets.
State law reference-Home Rule, "V-T.C.A., Local Government Code ~ 9.001 et seq.
CHT:l
4.05.
4.06.
5.01.
5.02.
5.03.
5.04.
5.05.
5.06.
5.07.
5.08.
6.01.
6.02.
6.03.
6.04.
6.05.
6.06.
6.07.
6.08.
6.09.
6.10.
7.01.
7.02.
7.03.
7.04.
7.05.
1.06.
8.01.
8.02.
8.03.
8.04.
8.05.
8.06.
8.07.
8.08.
8.09.
8.10.
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LA PORTE CODE
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Effect of approved budget.
Fiscal year defined.
Article v: Finance AdministratioJl1
Division of taxation.
Purchase procedure.
Alterations in contracts.
Fees shall be paid to city.
Borrowing.
Disbursement of funds.
Independent audit.
Appropriations lapse at end of year.
Article VI. Initiative, Referendum and Recall
Power of initiative.
Power of referendum.
Procedure for initiative or referendum petition.
Consideration of referendum or initiative by council.
Election on referendum or initiative.
Amendment of initiative or referendum ordinances.
Power of recall.
Procedure for recall petition.
Recall election.
District judge may order election.
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Article Vll. Franchises and Public Utilities
Enfranchisement.
Regulation.
Franchise records.
Accounts of municipality-owned utilities.
Franchise value disallowed.
Consent of property owners.
Article VIIL General Provisions
Publicity of records.
Employers and officers.
Assignment, execution and garnishment of city property.
City not required to give security or execute bond.
Effect of this Charter on existing law.
Amending this Charter.
Severability clause.
References to laws.
Approval of this Charter.
Provisions for transition.
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CHT:2
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CHARTER
1.04
ARTICLE I. INCORPORATION; CITY POWERS
1.01. Incorporation.
The iI?-habitants of the City of La Porte within the boundaries -as now established or as
hereafter established in the manner provided by law shall continue to be a body politic and
corporate and be known by the name of the City of La Porte.
1.02. City boundaries.
The boundaries and limits of the city shall be the same as have heretofore been established
and now exist, which boundaries and limits were originally shown on the map recorded in
Volume 8, Page 16, Map Records of Harris County, Texas, and as modified by subsequent
annexations and disannexations.
State law reference-~ap of municipal boundaries, 'V:T.C.A, Local Government Code ~
41.001.
1.03. Modification of city boundaries.
~he city council shall have power by ordinance to fix: the boundary limits of the city and to
provide by ordinance for the extension of said boundary limits, by the annexation of additional
territory lying adjacent to the city, the disannexation of territory within the city and the
exchange of territory with other cities and towns, all with or without the consent of the
inhabitants in such territory or the owners thereof; provided that the foregoing powers shall
be exercised by the council in a manner consistent with, and the council shall comply with, the
procedural .rules, requirements and limitations prescribed by any law applicable to cities
operating under charters adopted or amended pursuant to Article XI, Section 5 of the
Constitution of the State of Texas, otherwise known as home rule cities, including V.T.C.A,
Local Government Code ~ 43.021 et seq. (Municipal Annexation Act). The following methods of
annexation may be used:
(a) Petition. The residents of any land contiguous and adjacent to the city may request the
annexation of such land. Such request shall be made by a petition in writing which is
signed by a majority of the residents of such land, addressed to city council and filed
with the city secretary. Within thirty (30) days of the filing of such petition, city council
shall hear the petition and any arguments for ~r against it and shall accept or refuse
the petition as council sees fit. If the petition is accepted, council shall by proper
ordinance annex such land.
(b) Otherwise. The city may annex territory by use of any of the means provided in
'V:T,C.A., Local Government Code ~ 43.021 et seq. (Municipal Annexation Act).
State law reference-Annexations, 'V:T.C.A., Local Government Code ~ 43.021 et seq.
1.04. Form of government.
The governing body of the city shall be a council composed of the mayor and eight (8)
council persons, to be known as the city council of the City of-La Porte, hereinafter called city
council. The members of city council shall be elected from the city in the manner prescribed
elsewhere in this Charter.
State law reference-Form of government in home rule cities, 'V:T.C.A, Local Govern-
ment Code ~ 26.001 et seq.
CHT:3
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1.05
LA PORTE CODE
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1.05. Powers of the city.
a. Generally. The city shall have all the powers granted to. municipal corporations and to
cities by the Constitution and laws ofthe State of Texas together with all the implied powers
necessary to carry into execution the powers granted. The city may acquire property within or
without its corporate limits for any city purpose in fee-simple title or any lesser interest or
estate by purchase, gift, devise, lease or condemnation and may sell, lease, exchange,
. mortgage, hold, manage and control such property as its interest may require; and, except as
prohibited by the Constitution of this state or restricted by the Charter, the city may exercise
all municipal powers, functions, rights, privileges and immunities of every name and nature
whatsoever. The city may use a corporate seal; may sue and be sued; may contract; may
implead and be impleaded in all courts concerning all matters; may cooperate with the
government of the United States and of the State of Texas or any agency or political
subdivision thereof to accomplish any lawful purpose; and may pass such ordinances as may
be expedient for maintaining the city's peace and welfare and for the performance of its
functions.
b. Enumerated powers. Without limitation of the foregoing powers, the following are
enumerated for greater certainty:
1. Eminent domain. The city shall have the full power and right to exercise the power of
eminent domain when necessary or desirable to carry out any of the powers conferred
upon it by this Charter or by the Constitution and laws of the State of Texas.. This (
power shall include the power to acquire any public utility operating with or without \
a franchise and furnishing a public service. The city may exercise its condemnation
power in any manner authorized or permitted by the constitution and laws of this
state. The power of eminent domain hereby conferred shall include the right of the city
to take fee~simple title in land so condemned and such power and authority shall
include the right to condemn property for such purposes. The city shall have and
possess the power of condemnation for any municipal or public purposes even though
not specifically enumerated in this Charter.
2. Streets.
(a) Powers. The city shall have the power to layout. establish, open, alter, widen,
lower, extend, grade, abandon, discontinue, abolish, close, care for, .pave, super-
vise, maintain and improve streets, alleys, sidewalks, parks, squares, public
places and bridges; and regulate the use thereof and require the removal from
streets. sidewalks. alleys and other public property or places of all obstructions
and all vendors, showcases and encroachments of every nature or character upon
any of said streets and sidewalks.
(b) Improvements. The city shall have exclusive dominion, control and jurisdiction in,
upon and over and under the public streets. avenues, alleys and highways of the
city, and may provide for the improvement thereof of paving, repaving, raising,
draining or otherwise. The provisions ofV.T.C.A., TransportatiQn C9de ~ 313.001
et seq. are expressly adopted and made a part of this Charter. Such exclusive
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CHARTER
1.06
dominion, control and jurisdiction in, upon, over and under the public streets,
avenues, alleys and highways of the city shall also include, but not be limited to,
the right to regulate, locate, relocate, remove, or prohibit the location of.all utility
pipes, lines, wires or other property.
3. Sanitary sewer system. The city shall have the power to provide for a sanitary sewer
system and to require property owners to connect their premises with such sewer
system, to provide for fIxing penalties for failure to make sanitary sewer connections;
and shall further have the right to fix charges and compensation to be charged by the
city for sewerage service, providing rules and regulations for the collection thereof, and
to provide for rendering a lien against any property owner's premises who fails or
refuses to make sanitary sewer connections after due notice and to charge a cost
against said owner and make it a personal liability.
4. Garbage disposal. City council shall by ordinance adopt and prescribe rules and
regulations for the handling and disposition of all garbage, trash and rubbish within
the city an~ shall ,fix charges and compensation to be charged by the city for the
removal of garbage, trash and rubbish, providing rules and regulations of the collection
thereof.
5. Nuisances, etc. The city shall have the power to defIne all nuisances and prohibit the
same within the city and outside the city limits for a distance of five thousand (5,000)
feet; have power to police all parks or grounds, speedways, or boulevards owned by said
city and lying outside of said city, to prohibit the pollution of any stream, drain or
tributaries thereof, which may constitute the source of water supply of any city and to
provide for policing the same as ~ell as to provide for the protection of any watersheds
and the policing of same, to inspect dairies, slaughter pens, and slaughterhouses inside
and outside the limits of the city, from which meat or milk is furnished to the
inhabitants of the city.
c. General powers adopted. The enumeration of the particular powers in this Charter shall
not be held or deemed to be exclusive but in addition to the powers enumerated herein or
implied hereby or appropriate to the exercise of such powers; the city shall have and may
exercise all power oflocal self-government and all other powers which, under the Constitution
and laws of the State of Texas, it would be competent for this Charter specifically to
enumerate. The city shall have and may exercise all the powers enumerated in '"Y.T.C.A.,
Health and Safety 90de ~ 122.006; '"Y.T.C.A., Local Government Code ~~ 26.021, 26.041, 43.021,
43.142,51.072,51.074-51.077,54.004, 101.022, 101.023, 141.044,211.003,211.005,211.013,
214.001, 214.013, 214.901, 215.072-215.075, 216.901, 217.042, 251.001, 341.003, 341.903,
342.011,342.012,401.002,402.002,402.017; 'Y.T.C.A., Tax Code ~~ 302.0()1, 302.002,302.102;
V.T.C.A., Transportation Code ~~ 311.001, 311.004, 311.005, 311.007, 311.091-311.094,
311.904; and Vernon's Ann. Civ, St. art. 1175.
1.06. Special provisions for damage suits.
Before the city shall be liable to damage claim or suit for personal injury or death or damage
to property, the person who is injured or whose property is damaged or someone in his behalf
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or his personal representative in cases of death shall give the city secretary notice in writing
within thirty (30) days after the occurring of the alleged injury, death or damage stating
specifically in such notice when, where and how the injury, death o.r damage was sustained and
setting forth the extent of the injury or damage as accurately as possible, and giving the names
and addresses of all witnesses upon whose testimony such person is relying to establish the
injury, death or damage. No action at law for damage shall be brought against the city for
personal injury, death or damage to property prior to the expiration ofsixty (60) days after the
notice hereinabove described has been filed with the city secretary. After the expiration of sixty
(60) days aforementioned, the complainant may then have two (2) years in which to bring an
action of law.
State law reference-Tort claims, notice, V.T.C.A., Civil Practices and Remedies Code ~
101.101.
ARTICLE ll. CITY COUNCIL*
2.01. Composition of city council.
a. Members of council. City council shall be composed of a mayor and eight (8) councilpersons.
The positions of councilpersons shall be designated as follows:
Councilperson-District 1
Councilperson-District 2
Council person-District 3
Council person-District 4
Councilperson-District 5
Council person-District 6
Councilperson-at-Iarge-Position A
Councilperson-at-Iarge-Position B.
The mayor and the two (2) councilpersons-at-Iarge shall be elected by a majority vote ofth~
city at large. The city shall be" divide~, as described below in subsection b, into six (6) distri~ts,
Districts 1, 2, 3, 4, 5 and 6, and one council person shall be elected from each district by
majority vote of the resident voters of such district.
b. Formation of districts. City councii shall divide the city into six (6) districts which are
reasonably compact, contiguous and of as nearly equal population as practicable.
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It shall be the duty of city council to establish the boundaries of six (6) districts covering the
entire city for the purpose of electing district councilpersons. Such boundaries shall be
established by ordinance, which shall be final for purposes of this Charter. The first such
*State law reference-Fonn of government, V.T.C.A., Local Government Code ~ 26.001 et
seq.
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establishment shall be made as soon as practicable prior to the first city election following
adoption of this section. Any subsequent establishment shall be made when required by this
Charter.
Promptly following the addition of territory to the city by ~ boundary change, the city
council shall, by ordinance, add such territory to an adjacent district or districts.
Immediately following publication of the 1980 federal census, and at least every five (5)
years thereafter, city council shall conduct an investigation and determine the population of
the city and the population of each of the districts from which district council persons are to be
'elected. Each such determination shall be based upon the best available data, including, but
not limited to, the most recent federal census. Each such determination shall be expressed in
an ordinance, which shall be a final determination fQr purposes of this Charter.,
After any such determination, if the distribution of population among the various districts
is determined by city council to be materially unbalanced, the city council shall establish new
boundaries for the' election of district council persons.
c. Election. All candidates for city council shall be voted on and elected separately for
positions and districts on said city council, and each candidate shall be designated on the
official ballot according to the title of such position or district to which he seeks election.
Any candidate for office receiving a majority of all the votes cast for the office for which he
is a candidate shall be elected to such office. In the event any candidate for any office fails to
receive a majority of all votes cast for all the candidates for such office, the city council shall
call a run-off election to be held not less than twenty-one (21) days nor more than thirty (30)
days after the regular election, at which run-off election the two (2) candidates receiving the
highest number of votes shall be voted for again. In the event'of a tie in the vote for the two
(2) leading candidates, at the regular election, the city council shall hold a second election not
less than twenty-one (21) days nor more than thirty (30) days after the regular election, at
which said second election the candidates receiving such tie votes shall be voted for again.
d. Thrm of office. The m~yor and council persons shall each hold their respective offices for
a term of three (3) years and until their successors shall have been elected and duly qualified.
2.02. Qualifications.
a. Enumerated. The mayor and councilpersons shall be resident electors of the city at the
time of filing for office, and continuously during their terms of office. A district council person
shall also be a resident of his district at the time of filing for office and continuously during his
term of office.
b. Council to be judge of members' qualifications. City council shall be the judge of the
election and qualification~ of its members and for such purpose shall have power to subpoena
witnesses and require the production of records, but the decision of council in any such case
shall be subject to review by the courts.
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2.03. Conduct of elections.
a. Regulations. All city elections shall be governed by the law8 of the State of Texas. In the
event there should be any failure of the general laws or this Charter to provide for some
feature of the city elections, city council shall have the power to provide for such deficiency,
making all regulations it considers desirable, not inconsistent with the laws of the State of
Texas, for the prevention of fraud in. such elections and for the recount of ballots in case of
doubt or fraud.
. Municipal elections shall be conducted by the appointed election authorities, who shall also
have power to make such regulations not inconsistent with this Charter, with any regulations
made by council or the laws of the State of Texas.
No informalities in conducting a city election shall invalidate the same, if it be conducted
fairly and in substantial compliance with the general laws, where applicable, and the Charter
and ordinances of the city.
b. Schedule.
1. Regular election. The regular election for choice of members of council shall be held
annually on the first Saturday of May.
2. Special election. Council may by ordin~ce or resolution order a special election, fix the
time for holding same an~ provide necessary means.
Editor's note-The election date in the city is the first Saturday in May pursuant to (
V.T.C.A., Election Code ~ 41.001. .
State law reference-Uniform election dates, V.T.C.A., Election Code ~ 41.001.
2.04. Vacancies in city council.
a. Candidacy elsewhere. If the mayor or any council person shall announce his candidacy, or
shall in fact become a candidate, in any general, special or primary election for any office of
profit or trust under this Charter or the laws of Texas or the United States, other than the
office he has held, at any time when the unexpired term of the office then held shall exceed one
year, such announcement or such candidacy shall constitute an automatic resignation of the
office then held.
b. Procedure. When a vacancy occurs for any reason in the office of mayor or councilperson,
council shall call a special election within one hundred twenty (120) days. At said election the
vacant office or offices shall be filled under the provisions of this Charter.
c. Filing for off tee. Each candidate for public office must:
1. Be a qualified voter in the city.
2. File sworn application with the city secretary at least thirty (30) days prior to the
election date.
3. Post the required filing fee:
For mayor: Not to exceed the sum of one hundred dollars ($100.00).
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For council person: Not to exceed the sum of fifty dollars ($50.00).
The filing fees shall be used to defray,the cost of the election and said fee shall be
prorated and any surplus shall be refunded to said candidates.
In lieu of posting such fee, a candidate may submit a petition requesting that his name
be placed on the ballot. Said petition shall bear a number of signatures of qualified
electors who are residents of the city, which number shall not be less than five (5)
percent of the total vote cast at the most recent regular election in which a
councilperson was elected or fifty (50), whichever is the lesser number. Each signer
shall indicate his address and the number and count! of his voter registration
certificate.
4. File for only one city office.
d. OfflCial ballots. The full names of all candidates for mayor or council as hereinbefore
provided, except such as may have withdrawn, died or become ineligible, shall be printed on
th~ officiai ballots without p~ty designations. If two (2) candidates with the same surnames,
or with names so similar as to be likely to cause confusion, file for office, their occupations or
the addresses oftheir places of residence shall be placed with their names on the ballots. The
order of the names on the ballot shall be determined by lot.
e. Canvassing elections. Returns of the elections, general and special, shall be made by the
election officers to council promptly following said election, at 'Yhich time council shall canvass
and declare the results of such election.
2.05. Compensation.
. Each council person and the mayor shall receive for his services a salary in an amount
determined by the council, not to exceed the sum of twenty-four hundred dollars ($2,400.00)
per year for the mayor, and tWelve hundred dollars ($1,200.00) per year for each councilperson.
2.06. Original meeting of new council.
On the first Monday next following the regular municipal election held on the first Saturday
of May, or as soon thereafter as practicable, city council shall meet at the usual place for
holding meetings, and the newly elected members shall qualify and assume'the duties of office.
At such meeting council shall select one of its members to serve as mayor pro tern, who shall
serve for a one year term and until his successor is appointed and has qualified.
Editor's note-The election date in the city is the first Satuz1lay in May pursuant to
V.T.C.A, Election Code ~ 41.001.
2.07. Meetings.
a. Frequency. City council shall meet regularly at such times as may be prescribed by its
rules but not less frequently than once each month. All meetings of council shall be open to the
public; special meetings shall be called by the city secretary upon request of the mayor or three
(3) council persons.
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b. Rules. City council shall determine its own rules and order of business.
c. Journal. City council shall keep a journal of its proceedings. Such journal shall be open
to public inspection. .
State law reference-Public meetings, V.T.C.A., Government Code ~ 551.001 et seq.
2.08. Duties of mayor.
The mayor shall preside at meetings of council and shall be entitled to vote upon all matters
it considers. The mayor shall exercise such other powers and perform such other duties as are
or may be conferred and imposed upon him by this Charter and the ordinances of the city. He
shall be recognized as the head of the city government for all ceremonial purposes, by the
courts for civil process, and by the government for purposes of military law. In times of public
danger or emergency, the mayor shall take command of the police, maintain order and enforce
the law. If a vacancy occurs in the office of mayor or in the case of his absence or disability, the
mayor pro tem shall act as mayor until a successor is elected and has qualified or until the
mayor is again able to assume his duties of office.
2.09. Powers of council.
All powers of the city and the determination of all matters of policy shall be vested .in city
council. Council shall execute the laws and administer the government of the city. Without
limitation of the foregoing and among the other powers that may be exercised by council, the
following are hereby enumerated for greater certainty:
a. Adopt budget of the city.
b. Authorize the issuance of bonds by a bond ordinance.
c. Inquire into the conduct of any office, department, agency or officer of the city and
make investigations as to municipal affairs, and for that purpose may subpoena
witnesses, administer oaths, and compel the production of books, papers and other
evidence. Failure to obey such subpoena or to produce books, papers or other evidence
as ordered under the provisions of this section shall constitute a misdemeanor and
shall be punishable by fine. Council shall enact an ordinance to enforce this provision.
d. Establish and appoint the members of the planning commission.
e. Adopt plats.
f. Adopt and modify the official map of the ci~y.
g. Adopt, modify and carry out plans proposed by the planning commission for the
clearance of slum districts and rehabilitation of blighted areas.
h. Adopt, modify and carry out plans proposed by the planning commission for the
replanning, improvement and redevelopment of neighborhoods and for the replanning,
reconstruction or redevelopment of any area or district which may have been destroyed
in whole or in part by disaster.
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i. Provide for the establishment and designation of fire limits and to prescribe the kind
and character of buildings or structures or improvements to be erected therein, and to
provide for the erection of fireproof buildings within certain limits, and to provide for
the condemnation of dangerous structures or buildings or dilapidated buildings
calculated to increase the fire hazard and the manner of their removal or destruction.
j, Approve assessment rolls as returned to it by the board of equalization and adopt same
as the assessment rolls to be used for the collection of taxes for the current year.
k. Control and distribute all contingent appropriations. Expenditures from a contingent
appropriation shall require prior approval of council. A contingent appropriation shall
be disbursed only by transfer to a departmental appropriation, the spending of which
shall be charged to the department or activity for which the appropriation is made.
2.10. Additional discretionary powers.
In addition to the above powers a~d without limitation of such, city council shall have the
power to. and may at its discretion, do any or all of the following:
a. Public library. Council shall have the authority to establish and maintain a free public
library within the city and to cooperate with any person, firm. association or
corporation under such terms as council may prescribe for the establishment of such
free public library. For budget purposes. the library shall be considered as a depart-
ment of the city and the appropriations therefor shall comply with all the budgetary
requirements as outlined in this Charter and as may be prescribed from time to time
by council.
b. Hospital.
1. Operation. The city shall have ~he authority to acquire, establish and own, eitl)er
by purchase, donations, bequest or otherwise. all property that may be useful or
necessary for the purpose of establishing and maintaining a municipal hospital.
Upon establishment of such hospital, council shall create a hospital board with
membership and compensation deemed appropriate by council, which shall
operate the hospital subject only to such direction and supervision as shall be
contained in any ordinance or ordinances enacted by council.
2. Finances. All funds belonging to said hospital, whether classed as funds received
in course of operation, or otherwise, shall be kept in a separate hospital fund to
be used only for the operation and maintenance of said hospital, except that such
funds may be used by the city for general operating purposes with the express
consent of the hospital board.
The hospital board shall submit a quarterly operating statement to council, and
an annual audit to coincide with the fiscal year of the city.
c. Zoning.
1. Power. For the purposes of promoting the health, safety, morals or general welfare
of the city. council may by ordinance regulate the location, height, bulk and size
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of buildings and other structures, the size of yards, courts and other open spaces,
the density of population and the uses of buildings, structures and land for trade,
industry, business, residence and other purPQses.
2. Procedure. Should council enact regulations under subsection 1. above, it shall
establish a zoning commission and may establish a zoning board of adjustment.
(a) Zoning commission.
(1) The zoning commission shall recommend to council the location of
zoning districts and restrictions therein, and shall hold public meet-
ings on such recommendations.
(2) Commission members shall receive such compensation as council may
deem appropriate.
(3) Council may combine the duties of said commission with the duties of
the planning commission, as provided in section 2.0ge through j, to
form a planning and zoning commission.
(b) Zoning board of adjustment.
(1) The zoning board of adjustment may, in appropriate cases and subject
to appropriate conditions and safeguards, make special exceptions to
the terms of a zoning ordinance in harmony with its general purpose
and intent and in accordance with general or specific rules therein
contained.
(2) Board members shall receive such compensation as council may deem
appropriate.
3. Generally. All of the powers granted by 'VoT.C.A. Local Government Code ~
211.001 et seq., inclusive, relating to zoning in cities, are hereby adopted and
made a part of this Charter.
d. Housing authority. Council may create a housing authority of such number, terms and
compensation of members as council may determine and may delegate to the housing
authority such powers relating to the planning, construction, reconstruction, alter-
ation, repair, maintenance or operation of housing projects and housing accommoda-
tions as council may determine.
2.11. Ordinances.
a. Passage.
1. Procedure. Every ordinance shall be introduced in written or printed fonn, and, upon
passage, shall take effect at the time indicated therein; provided that any ordinance
imposing a penalty, fine or forfeiture for a violation of its provisions shall become
effective not less than ten (10) days from the date of its passage. The city secretary
shall give notice of the passage of every ordinance i~posing a penalty, fine or forfeiture
for a violation of the provisions thereof, by causing the caption or title, including the
penalty, of a~y such ordinance to be published in the official newsp~per in the city at
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least once within ten (lO).days of its passage according to the provisions ofV.T.C.A.,
Local Government Code ~ 52.011. He shall note on every ordinance, the caption of
which is hereby required to be published, and on the record thereof, the fact that same
has been published as required by the Charter, and the date of such publication and
promulgation of such ordinance; provided, that the provisions of . this section shall not
apply to the correction, amendment, revision and modification of the ordinances of the
city for publication in book or pamphlet fonn. Except as otherwise provided in Article
VII of this Charter, it shall not be necessary to the validity of any ordinance that it
shall be read more than one time or considered at more than one session of city council.
Every ordinance shall be authenticated by the signature of the mayor and city
secretary. and shall be systematically recorded in an ordinance book in a manner
approved by council. It shall only be necessary to record the caption or title of
ordinances in the minutes of journal of council meetings.
2. Codifications. Council shall have power to cause the ordinances of the city to be
corrected, amended, revised, codified and printed in code form as often as council
deems advisable. Such printed code, when adopted by council, shall be in full force and
effect without the necessity of publishing the same or any part thereof in a newspaper
and shall be admitted in evidence in all courts and places without further proof.
b. Additional ordinances. In addition to such acts of council as are required by statute or by
this Charter to be by ordinance, every act of council establishing a fine or other penalty or
providing for the expenditure of funds or for the contracting of indebtedness shall be by
ordinance.
c. Enacting clause. The enacting clause of all ordinances shall be "BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF LAPORTE."
ARTICLE m. ADMINISTRATION
3.01. City manager.
a. Appointment and qualifications. City council shall appoint a city manager, who shall be
chosen solely on the basis of his executive and administrative training, experience and ability.
No member of city council shall, during the tenn for which he is elected and for one year
thereafter, be appointed city manager.
b. Term and salary. The city manager may be appointed and removed at the will and
pleasure of city council by a vote of the majority of the entire city council. The action of city
council in suspending or removing the city manager shall be final, it being the intention of this
Charter to vest all authority and fix all responsibility of such action in city council. Council
shall set a salary for the city manager as it deems appropriate.
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c. Duties. Except as provided elsewhere in this Charter, the cit.y manager shall be the chief
executive officer and head of the administrative branch of the city government. He shall be
responsible to the council for the proper administration of all affairs ofthe city and to that end
he shall have power and be required to:
1. Devote all his working time and attention to the affairs of the city.
2. Appoint and, when necessary for the good of the city, remoVe all city officers and
employees except those for which this Charter provides otherwise. He may authorize
the head of a department to appoint and remove subordi.nates in such department.
3. Prepare the budget annually, submit it to council and be responsible for its adminis-
tration after adoption.
4. Prepare and submit to council, as of the end of the fiscal year, a complete report on the
finances and administrative activities of the city for the preceding year.
5. Keep council advised of the financial condition and future needs of the city and make
such recommendations as may seem to him desirable.
6. Perform such other duties as may be prescribed by this Charter or required of him by
the council, not inconsistent with this Charter.
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d. Provisions for absence. Within thirty (30) days after taking office, the city manager shall
designate by letter filed with the city secretary a qualified administrative officer of the city to
perform his duties during his temporary absence or disability. Upon receipt of said letter, the (
city secretary shall advise council of its contents. Said letter shall be in force and effect for the
duration of the city manager's employ or until he files another such letter.
3.02. Administrative departments.
a. Creation. There are hereby created the following administrative departments: Finance,
police, fire, law, public works, health, parks and recreation, and water and sewer.
Council may by ordinance create or abolish offices, departments or agencies other than the
offices, departments or agencies established by this Charter.
b. Consolidation. Council may' consolidate or redesignate any of the offices, departments
and agencies.
c. Directors. The city manager shall appoint a director to supervise and control each
department. When necessary for the good of the city, the city manager may remove any' such
director. Such director shall be an officer of the city and shall have supervision and control of
his department, subject to the supervision of the city manager. Two (2) or more departments
may be headed by the same individual, and directors of departments may also serve as chiefs
of divisions. The city manager may head one or more departments.
d. Divisions. The work of each administrative department may be distributed among such
divisions thereof as may be established by ordinance or this Charter.
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3.03. City secretary.
With the advice and consent of city council, the city manager shall appoint a competent
. person to be secretary of the city. The city secretary shall:
a. Give notice of council meetings.
b. Authenticate by his signature and record in full in a book kept and indexed for the
purpose all ordinances and resolutions.
c. Perform such other duties as may be assigned to him by council or elsewhere in this
Charter.
3.04. Municipal court.
a. Establishment. There shall be established and maintained a municipal court with all
powers and duties as are now, or may hereafter be, prescribed by the laws of the-State of Texas
.....
for municipal courts.
b. Municipal judge. City council shall appoint a competent attorney, duly licensed by the
State of Texas, to be judge of the municipal court. He shall serve at the pleasure of council and
shall receive compensation as may be fixed by council.
c. Alternate municipal judge. Council shall have the power to create and appoint additional
judges as provided by law.
d. Court clerk. Subject to the approval of the municipal judge, the city manager shall
appoint a municipal court clerk and deputy clerks. Said clerk or clerks shall have the power to
administer oaths and affidavits, make certificates, affix the seal of said court thereto and
generally do and perform any and all acts usual and necessary by clerks of court in conducting
the business thereof.
e. Costs and fines,. All costs and fines imposed by the municipal court, or any court in cases
appealed from its judgments, shall be paid into the city treasury for the use and benefit of the
city.
State law reference-Municipal court, V.T.e.A., Govern~ent Code ~ 29.001 et seq.
3.05. City attorney.
City council shall appoint a competent attorney, duly licensed by the State of Texas, to be
city attorney and head of the department oflaw. He shall be appointed and removed at the will
and pleasure of council by a majority vote of the entire council, and shall receive compensation
as may be fixed by council.
The city attorney, or other attorneys selected by him with the approval of council, shall
represent the city in all litigation. He shall be the legal advisor of, and attorney and counsel
for, the city and all offices and departments thereof.
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ARTICLE Iv: BUDGET*
4.01. Preparation and submission of budget~
At least forty-five (45) days prior to the beginning of each fiscal year, the city manager shall
submit to council a proposed budget with required attachments. For such purpose, at such date
as he shall detennine, he shall obtain from the head of eacl1 office, department or agency
estimates of revenue and expenditures of that office, department or agency, detailed by
organization units and character and object of expenditure, and such other supporting data as
he may request. In preparing the budget, the c~ty manager shall review the estimates, may
hold hearings thereon and may revise the estimates, as he may deem advisable.
a. Contents of budget. The budget shall provide a complete financial plan for the fiscal
year. It shall contain the following:
1. A consolidated statement of receipts and expenditures for all funds. .
2. An analysis of property valuations.
3. An analysis of tax rate.
4. Tax levies and tax collections by years for at least ten (10) years or for a number
of years for which records are available.
5. A detailed listing of the resources of each fund.
6. A summary of proposed expenditures within such funds by department, function
and classification.
7. A revenue and expense statement for all outstanding bonded debt.
8. A schedule of principal and interest on each issue of outstanding bonds showing
rate of interest, maturity dates and amount outstanding.
9. The appropriation ordinance.
10. The tax-levying ordinance.
b. Attachments to budget.
1. Budget message. The city manager shall prepare a budget message which shall be
submitted with the budget. It shall contain an outli.ne of the proposed financial
policies of the city for the fiscal year and describe in connection therewith the
important features of the budget plan. It shall set forth the reasons for salient
changes from the previous years in expenditures and revenue items and shall
explain any major changes in financial policy.
2. Supporting schedules. Attached to the budget shall be such supporting schedules,
exhibits and other explanatory material, in respect to both current operations
and capital outlays, as the city manager shall believe useful to council.
*State law reference-Budgets, V.T.C.A, Local Government Code ~ 102.001 et seq.
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3. Comparison tables. The city manager may prepare tables in which various items
may be compared with those of previous years and shall attach such to the
budget.
(a) Anticipated revenues. In parallel columns opposite the several items of
revenue, there shall be placed the actual amount of such item for the fIrst six
(6) months of the current year, the budgeted amount for the current fiscal
year, and the proposed amount for the ensuing fiscal year.
(b) Proposed expenditures. The proposed expenditures for the administration,
operation, maintenance and capital outlay of each office, department or
agency of the city shall be itemized by character and object. In parallel
. columns opposite the various items of expenditures, there shall be placed
the actual amount of such items of expenditures for the last completed fiscal
year, the estimated amount for the current fiscal year and the proposed
amount for the ensuing fiscal year. .
- c. Balanced budget. The total estimated expenditures of the general fund and debt
service fund shall not exceed the total estimated resources of each fund (prospective
income plus cash, on hand). The classification of revenue and expenditure accounts
shall conform. as nearly as local conditions will permit to the uniform classification as
promulgated by the National Committee on Municipal Accounting or sOlne other
nationally accepted classification.
..02. Availability of proposed budget.
The proposed budget and all attachments shall be a public record in the office of the city
secretary, open to public inspection. The city manager shall cause sufficient copies of such to
be prepared for distribution to interested persons.
( 4.03~ Budget adoPtio~) " .
a. Publication of notice of public hearing. At the meeting of city council at which the budget
and attachments are submitted, council shall determine the place and time of the public
hearing on the budget, and shall cause to be published a notice of the place and time, not less
than seven (7) days after date of publication, at which council will hold a public hearing.
b. Public hearing. At the time and place so advertised, or at any time and place to which
such public hearing shall from time to time be adjourned, city council shall hold a public
hearing on' the budget as submitted, at which all interested persons shall be given an
opportunity.to be heard, for or against the estimates or any item thereof.
c. Vote required for adoption. The budget shall be adopted by the favorable votes of at least
a majority of all members of the whole council.
d. Adoption. The budget shall be finally adopted not later than the last day of the fiscal
year. Should council take no fInal action on or prior to such day, the budget as submitted by the
city manager shall be deemed to have been finally adopted by council.
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Upon final adoption, the budget shall be in effect for the fiscal year.
4.04. Public record.
a. Filed. A copy of the budget as finally adopted shall be filed with the city secretary.
b. Availability. The final budget shall be printed, mimeographed or otherwise reproduced
and sufficient copies shall be made available for the use of offices, departments and agencies,
and for the use of interested persons and civic organizations.
4.05. Effect of approved budget.
From the effective date of the budget:
a. The several amounts stated therein as proposed expenditures shall be and become
appropriated to the several objects and purposes therein named.
b. The amount stated therein as the amount to be raised by property tax shall constitute
a determination of the amount of the levy for the purposes of the city, in the
corresponding tax year.
4.06. Fiscal year defined.
The fiscal year of city government shall begin on the first day of October and end on the last
day of September of the succeeding calendar year. Such fiscal year shall also constitute the
budget and accounting year.
State law reference-F~scal year, authority to establish, 'Y.T.C.A., Local Government Code
~ 101.022.
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ARTICLE v: FINANCE ADMlNISTRATION*
5.01. Division of taxation.
There shall be established in the department of finance a division of taxation, the head of
which shall be the city tax assessor-collector.
a. Property subject to tax; method of assessment. All real and personal property within the,
city not expressly exempted by law, shall be subject to annual taxation at its true
market value.
Each person, partnership and corporation owning property within the limits of the city
shall between the first day of January and the thirty-first day of March of each year,
hand to the tax assessor-collector a full and complete sworn inventory of the property
possessed or controlled by him, her or them within said limits on the first day of
January of the current year. In all cases of failure to obtain a statement of real and
personal' property from any cause, the tax assessor-collector shall ascertain t~e
*State law'reference-Financial matters, V.T.C.A., Local Government Code ~ 101.001 et
seq.
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CHARTER
5.01
amount and value of such property and assess the same as he believes to be true and
full value thereof; and such assessment shall be as 'valid and binding as if such
property had been rendered by the owner thereof.
b. Board of equalization.
1. Membership. City council shall each year, prior to the first day of March, appoint
three (3) residents who are qualified voters as the board of equalization. Such
board shall choose from its membership a chairperson. A majority of said board
shall constitute a quorum for the transaction of business.
The tax assessor-collector shall be ex officio secretary of the board.
2. Compensation. Members of the board while serving shall receive such compen-
sation as council may deem appropriate.
3. Powers and duties. In order that all property within the city shall be assessed as
. uniformly as possible, the board of equalization ,shall have the power and duty to:
(a) Adopt regulations' regarding the procedure of assessment review.
(b) Review, on complaint of property owners, assessments for the purpose of
taxation of both real and personal property within the city made by the
assessor-collector.
(c) Examine and, if necessary, revise the assessments returned by the tax
assessor-collector and as previously set by the board.
(d) Administer oaths, take testimony, hold hearings and compel the production
of ~l books, documents and other papers pertinent to the investigations of
the taxable values of any person, firm or corporation having or owning
property within the corporate limits of the city subject to taxation.
(e) Certify its approval of the ass'essment rolls and have them returned to the
tax assessor-collector, immediately upon completion of the board's work.
4. Records. The board shall be required to keep an accurate record of all its
proceedings~ which record shall be available for public inspection.
5. Public hearing and notice to owner. At the same meeting that city council
appoints the board of equalization, it s,hall by ordinance fix the time of the first
meeting of the board which shall be on the tenth day of May, or as soon thereafter
as practicable. Mer such first meeting, the board may reconvene and adjourn
from time to time, and as long thereafter as may be necessary, it shall hear and
detennine the complaint of any person in relation to the assessment roll.
Whenever said board shall find it their duty to raise the value of any property
appearing on the lists or books of the assessor-collector, it shall, after having
examined such lists and books and corrected all errors appearing therein, adjourn
to a day not less than ten (10) nor more than fifteen (15) days from the date of
adjournment and shall cause the secretary of said board to give written notice to
the owner of such property or to the person rendering same of the time to which
said board has adjourned, and that such owner or person rendering said property
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LA PORTE CODE
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may at that time appear and show cause why the value of said property should
not be raised. Such notice may be served by depositing the same, properly
addressed, and postage paid, in the city post office.
c. .Payment of taxes.
1. When due and payable. All taxes due the city shall be payable at the office of the
assessor-collector and may be paid at any time after the tax rolls for the year have
been completed and approved, which shall be not later than October first. Taxes
shall be paid before February first following the year for which the tax was levied,
and all such taxes not paid prior to such date shall be deemed delinquent and
shall be subject to such penalty and interest as city council may provide by
ordinance.
2. Tax liens. The tax levied by the city is hereby declared to be a lien, charge or
encumbrance upon the property upon which tax is due, which lien, charge or
encumbrance the city is entitled to enforce and foreclose in any court having
jurisdiction over the same, and the lien, charge and encumbrance on the property
in favor of the city, for the amount of taxes due on such property, is such as to give
the state courts jurisdiction to enforce and foreclose said lien on the property on
which the tax is due, not only as against any resident ofthis state or person whose
residence is unknown, but also as against nonresidents. All taxes upon real estate
shall especially be a lien and a charge upon the property upon which the taxes are
due, Which lien may be foreclosed in any court having jurisdiction. (
Editor's note-The references in this section to board of equalization are obsolete as city
ad valorem taxes are assessed and collected pursuant to V.T.C.A., Tax Code ~ 6.01 et seq.
5.02. Purchase procedure.
All purchases made and contracts executed by the city shall be pursuant to a requisition
from the head of the office, department or agency whose appropriation will be changed, and no
contract or order shall be binding upon the city unless and until the. city manager or his
designee approves the same and certifies that there is to the credit of such office, department
or agency a sufficient unencumbered appropriation and allotment balance to pay for the
supplies, materials, equipment or contractual services for which the contract or order is to be
issued. Before the city may enter into a contract that requires an expenditure of more than five
thousand dollars ($5,000.00), the city must comply with the procedure prescribed by V.T.C.A,
.Local Government Code ~ 252.001 et seq., for competitive sealed bidding or competitive sealed
proposals. The city may use the competitive sealed proposals procedure only for high
technology procurements. Council may by ordinance confer upon the city manager general
authority to contract for expenditures without further approval of council for budgeted items
not exceeding five thousand dollars ($5,000.00). All contracts for expenditures involving more
than five thousand dollars ($5,000.00) must be expressly approved in advance by council. If the
competitive sealed bidding requirement applies to the contract, the contract must be awarded
to the lowest responsible bidder. Council or the city manager, in such cases as he is authorized
to contract for the city, may reject any and all bids. If the eompetitive sealed proposals
CHT:20
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5.05
requirement applies to the contract, the contract must be awarded to the responsible offeror
whose proposal is determined to be the most advantageous to the city considering the relative
importance of price and the other evaluation factors inc~uded in the request for proposals.
Council by ordinance may increase the five thousand dollar ($5,000.00) limitation herein
provided to conform to subsequent increases authorized by state law. Contracts for profes-
sional services for which bidding is prohibited by state law shall not be let on competitive bids.
Procurement of architectural or engineering services shall be in accordance with the Profes-
sional Services Procurement Act. In the event of conflict between any provision of this section
and state law, state law shall prevail.
,(Ord. No. 1676, ~ 1, 2-12-90/5-5-90; Ord. No. 1699, ~ 1,5-7-90; Ord. No. 1700,5-7-90)
Editor's note-The city has exercised the option under V:T.C.A, Local Government Code
~ 252.002 to have the requirements in V.T.C.A, Local Government Code ~ 252.021 which
increased the requirement~ for competitive sealed bids or proposals to expenditures of more
tb,an $15,000.00.
Code cross reference-Purchases and contracts, ~ 2-82.
State law r,eference-Purchases, V.T.C.A, Local Government Code ~ 252.001 et seq.
'5.03. Alterations in contracts.
, Except in case of emergency, alterations in any contract not to exceed twenty-five (25)
percent o~ the total contract may be made when authorized by council upon written
recommendation of the city manager; provided that such alteration is acceptable to the other
party to the contract. When such recommended change is for an amount not more than five
thousand dollars ($5,000.00), council may authorize the city manager to approve such
alterations.
. 5.04. Fees shall be paid to city.
All fees for. city services received by any officer or employee shall belong to the city
government and shall be paid to .the department of finance at such times as required by the
director of the finance department.
5.05. Borrowing.
a. Negotiable notes. In any fiscal year, city council may by resolution authorize borrowing
by the issuance and sale of negotiable notes of the city which shall mature and be payable not
later than the end of the fiscal year in which the original notes have been issued. All such notes
may be sold at not less than par and accrued interest at private sale by the director of the
finance department without previous advertisement, but such sale shall be authorized by
council. Such notes shall be in anticipation of either of the following:
1. Property taxes. Notes authorized in anticipation of the collection of property taxes in a
fiscal year shall be designated "tax anticipation note for the year "
(stating the fiscal year).
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LA PORTE CODE
2. Other revenues. Notes authorized in anticipation of the collection or receipt of other
revenues shall be designated "special revenue note for the year "
(stating the fiscal year).
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b. Capital improvements.
1. Power and autlwrity to incur irukbtedness. The city shall have the power and
authority, by ordinance duly adopted, to borrow money on the credit of the city for
~rmanent public improvements and to issue its general obligation bonds, revenue
bonds, refunding bonds, certificates of indebtedness, notes, warrants, or other forms of
indebtedness pursuant to and in accordance with the present or hereinafter adopted or
amended general and special laws of this state applicable to home rule cities, except as
such power and authority is expressly limited or denied by this Charter, or any
amendments hereto.
2. Referendum on bond ordinance. Each bond ordinance passed pursuant to a purpose
which has been authorized by majority vote ofthe voters ofthe city at an election shall
not be subject to referendum. Each bond ordinance relating to bonds not authorized by
the qualified voters of the city shall be subject to permil~sive referendum on petition
pursuant to the provision of Article VI of this Charter, unless the bonds are authorized
. solely for a purpose made necessary as the result offire, flood or other disaster, or the
bonds are to be issued to finance the improvement or extension of a municipally owned
or operated utility or other public service enterprise. (
3. Public sale of all bonds. No bonds issued under this Charter shall be sold without first
offering the same at public sale. Notice of such sale shall be given by publication at
least once in a financial journal published in the State of Texas and by publication at
least once in the official newspaper of the city, both of such publications to be made not
less than ten (10) days prior to the date set for such sale.
5.06. Disbursement of funds.
All chec~, vouchers or warrants for the withdrawal offunds from the city depository shall
~e executed in accord with the provisions of this .Charter and shall be signed by the city
manager or his deputy and counter-signed by a member of city council.
5.07. Independent audit.
Prior to. the end of each fiscal year, council shall designate a practicing certified public
accountant, who is licensed by the State of Texas, to make an independent audit of accounts
and other evidences of financial transactions of the city government and shall submit a report
to council. Notice shall. be given by publication in the official newspaper in the city that the
annual audit is on file at the city hall for inspection. Such accountant shall have no personal
interest, direct or indirect, in the fiscal affairs of the <;ity government. He shall not maintain
any accounts or records of the city business, but, within specifications approved by council,
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CHT:22
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6.03
shall post-audit the books and documents kept by the department of finance an~ any separate
or subordinate accounts kept by any other office, department or agency of the city government.
State law reference-Audit, V.T.C.A., Local Government Code ~ 103.001 et seq.
5.08. Appropriations lapse at end of year.
All appropriations shall, lapse at the end of the budget year to the extent that they shall not
have been expended or lawfully encumbered.
ARTICLE VI. INITIATIVE, REFERENDUM AND RECALL
6.01. Power of initiative.
The electors shall have the power to propose any ordinance except an ordinance appropri-
ating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such
power known as the initiative.
6.02. Power of referendum.
The electors shall have power to approve or reject .at the polls any ordinance passed by
council, or submitted by council to a vote of the electors, except as provided in section 5.05,
such power being known as the referendum. Ordinances submitted to council by initiative
. petition and passed by council without change shall be subject to the referendum in the same
, manner as the other ordinances.
6.03. Procedure for initiative or referendum petition.
a. Form of petition.
1. Thxt. Initiative petition papers shall contain the full text of the proposed ordinance.
2. Signatures.
(a) 'The signatures to initiative or referendum petitions need not all be appended to
one paper, but to each separate petition there shall be attached a statement ofthe
circulator thereof as provided by this section. Each signer of any petition paper
shall sign his name in ink or il1delible pencil and shall indicate after his name his
place of residence by street and number, or other description sufficient to identify
the place.
(b) The petition shall be signed by qualified electors of the city equal in number to at
least fifty (50) percent of the number of votes cast in the last regular municipal
election.
3. Circulators. .There shall appear on each petition the names and addresses of five (5)
electors, who, as circulators, shall be regarded as responsible for the circulation ~d
filing of the petition.
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6.03
LA PORTE CODE
4. Affulavit. Attached to each separate petition paper there shall be an affidavit of the
circulator thereof that he, and he only, personally circulated the foregoing paper, that
it bears a stated number of signatures, that all signatures appended thereto were
made in his presence, and that he believes them to be genuine signatures of the
persons whose names they purport to be.
(
b. Submission of petition.
1. Filing. All petition papers comprising an initiative or referendum petition shall be
assembled and filed with the city secretary as one instrument.
2. Examination. Within twenty (20) days after a petition is filed, the city secretary shall
determine whether each paper of the petition has a proper statement of the circulator
and whether the petition is signed by a sufficient number of qualified electors. The city
secretary shall declare any petition paper entirely invalid which does not have
attach~d thereto an affidavit signed by the circulator thereof. If a petition paper is
found to be signed by more persons than the number of signatures certified by the
circulator, the last signatures in excess of the number certified shall be disregarded. If
a petition paper is found to be signed by fewer persons than the number certified, the
signatures present shall be accepted unless void on other grounds.
3. Certification.
(
(a) Procedure. After completing his examination of the petition, the city secretary
shall certify the result thereof to city council at its next regular meeting. If he
shall certify that the petition is insufficient, he shall set forth in his certificate the
particulars in which it is defective and shall at onc:e notify the circulators of his
findings.
(b) Effect. When a referendum petition or amended petition has been certified as
sufficient by the city secretary, the ordinance specified in the petition shall not go
into effect, or further action thereunder shall be suspended if it shall have gone
into effect, until and unless approved by the electors, as hereinafter provided.
c. Amendment of petition. An initiative or referendum petition may be amended at any time
within ten (10) days after the notification of insufficiency has been sent by the city secretary,
. by filing a supplementary petition upon additional papers signed and filed as provided in case
of an original petition. The city secretary shall, within five (5) days after such an amendment
is filed, make examination of the amended petition and, if the petition be still insufficient, he
shall file his certificate to that effect in his office and notify the c:irculators of his findings and
no further action shall be had on such insufficient petition.
d. Refiling not prejudiced. The finding of the insufficien~y of a petition shall not prejudice
the filing of a new petition for the same purpose.
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.CHT:24
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CHARTER
6.07
6.04. Consideration of r~ferendum. or initiative by counciL
Whenever city council receives a certified initiative or referendum petition from the city
secretary, it shall proceed at once to consider such petition and shall take final action on it
within sixty (60) days after the date on which it was submitted to council.
a. Initiative. Aproposed initiative ordinance shall be read and provision made for a public
hearing on such before the time set for final action.
b. Referendum. Areferred ordinance shall be considered by council and its final vote upon
such reconsideration shall be upon the question, "Shall the ordinance in the referen-
dum petition be repealed?"
6.05. Election on referendum or initiative.
a. Submission to electors. If council shall fail to pass an ordinance proposed by initiative
petition or shall pass it in a form different from that set forth in the petition therefor, or if
council fails to repeal a referred ordinance, the proposed or referred ordinance shall be
submitted to the electors on the next election day as established by the laws of the State of
Texas. Council may, in its discretion, and if no regular election is to be held on such day shall,
provideJor a special election.
b. Form of ballot. OI:dinances submitted to vote of electors in accordance with this article
shall be submitted by ballot title, which shall be prepared in all cases by the city attorney. The
ballot title may be different from the legal title of any such initiated or referred ordinance and
shall be a clear, concise statement, without argument or prejudice, descriptive of the substance
of such ordinance.'Below the ballot title shall appear the following propositions, one preceding
the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDI-
NANCE."
Any number of ordinances may be voted on at the same election and may be submitted on
the same ballot, but any paper ballot used for voting thereon shall be for that purpose only.
c. Results. If a majority of the electors voting on a proposed initiative ordinance shall vote
in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is
not approved by a majority of the electors voting thereon shall thereupon be deemed repealed.
If conflicting ordinances are approved by the electors at the same election, the one receiving
the greatest nUmber of affirmative votes shall prevail to the extent of such conflict.
6.06. Amendment of initiative or referendum ordinances.
Initiative and referendum ordinances adopted or approved by the electors shall be
published, and may be amended or repealed by council, as in the case of other ordinances.
6.07. Power of recalL
The mayor or any council person may be removed from office by recall.
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6.07
LA PORTE CODE
No recall petition shall be filed against the mayor or a council person within six (6) months
after he takes office nor in respect to an officer subjected to a recall election and not removed
thereby, until at least six (6) months after such election.
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6.08. Procedure for recall petition.
a. Affidavit. Any elector of the city may make and file with thEl city secretary an a-ffidavit
containing the name or names of the officer or officers whose removal is sought and a
statement of the grounds for removal.
b. Petition blanks. Upon receipt of said affidavit, the city secretary shall deliver to said
elector copies of petition blanks demanding such removal. The city secretary shall keep a
sufficient number of printed petition blanks on hand for distribution. Such blanks when issued
shall:
1. Be signed by the city secretary.
2. 'Be addressed to city council.
3. Be numbered and dated.
. 4. Indicate the name of the person to whom issued.
5. Indicate the name of the officer whose removal is sought.
6. Indicate the number of such blanks issued.
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The city secretary shall enter in a r~cord to be kept in his office the name of the elector to
whom the petition blanks were issued and the number issued-to said person.
c. Return of petition. To be effective, the recall petition must:
1. Be signed by qualified electors of the city equal in number to at least fifty (50) percent
of those who were qualified voters and voted on the date of the last regular municipal
election, and at least one-half of the qualified voters constituting such fifty (50) percent
signing the petition shall make affidavit, to be filed with the petition, to the effect that
they voted for the person whose recall is sought, in the election at which he was last
elected.
2. Be returned and filed with the city secretary within thirty (30) days after the filing of
the affidavit required in section 6.08a.
6.09. n,ecall election.
- a. Submission. The city secretary shall at once examine the recall petition and, ifhe finds
it sufficient and in compliance with the provisions of this article, he shall within five (5) days
submit it to city council with his certificate to that effect and notify the officer sought to be
recalled of such action. If the officer whose removal is sought does not resign within five (5)
days after such notice, council shall thereupon order and fix a date for holding a recall election.
Any such election shall be held at the next election day as established by the laws of the State
of Texas.
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CHT:26
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CHARTER
7.01
b. Ballots. Ballots used at recall elections shall conform to the following requirements:
1. With respect to each person whose removal is sought the question shall be submitted
"S~all (name of person) be removed from the office of (name of office) by recall?"
2. Immediately below each such question there shall be printed the two (2) following
propositions, one above the other, in the order indicated:
"For the recall of (name of person)"
. "Against the recall of (name of person)."
c. Results. If a majority of the votes cast at a recall election shall be against the recall of the
officer named on the ballot, he shall continue in office for the remainder of his unexpired term,
subject to recall as before. If a majority of the votes at such an election be for the recall of the
officer named on the ballot, he shall, regardless of any technical defects in the recall petition,
be deemed removed from office and the vacancy shall be filled as in other vacancies. '
6.10. District judge may order election.
Should city ,council fail or refuse to order any of the elections as provided for in this article,
when all the requirements for such election have been complied with by the petitioning
electors in conformity with this article ofthe Charter, then it shall be the duty of anyone of the
di~trict judges of Harris County, Texas, upon proper application being made therefor, to order
such elections and to enforce th~ ciuTying into effect of the provisions of this article of the
Charter.
ARTICLE VIT. FRANCmSES AND PuBLIC UTILITIES.
7.01. Enfranchisement.
a. Power of council. City council shall have power by ordinance to grant, amend, renew and
extend all franchises of all public utilities of every character operating within the city. All
ordinances granting, amending, renewing or extending franchises for public utilities shall not
be finally passed until thirty (30) days after the first reading; and no such ordinance shall take
effect until sixty (60) days after its final passage; and pending such time, the notice and caption
of such ordinance, noting the place where the full text may be examined by the public, shall be
published once each week for four (4) consecutive weeks in the official newspaper of the city,
and the expense of such publication [is] to be borne by the proponent of the franchise. No public
utility franchise shall be transferable except with the approval of council expressed by
ordinance.
b. Extensions. All extensions of public utilities within the city limits shall become a part of
the aggregate property of the public utilities, shall be'operated as such, and shall be subject to
all the obligations and reserved rights contained in this Charter and in any original grant
*State law references-Franchises, Vernon's Ann. Civ. St. art. 1175; franchise to use
streets; -v.T.C.A., Transportation Code ~ 311.071 et seq.
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LA PORTE CODE
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hereafter made. The right to use and maintain any extension shall terminate with the original
grant and shall be terminable as provided in section 7.02a. In case of an extension ofa public
utility operated under a franchise hereafter granted, such right shall be terminable at the
same time and under the same conditions as the original grailt.
c. Other conditions. All franchises heretofore granted are reco,gnized as contracts between
the city and the grantee, and the contractual right as contained in any such franchises shall
not be impaired by the provisions of this Charter, except that the power of the city to exercise
the right of eminent domain in the acquisition of any utility property is in all things reserved,
and except the general power of the city heretofore existing and herein provided for to regulate
the rates and services of the grantee which shall include the right to require proper and
adequate extension of plant and service and the maintenance of the plant and fixtures at the
highest reasonable standard of efficiency.
Every public utility franchise hereafter granted shall be held subject to all the terms and
conditions contained in the various sections of this article whether or not such terms are
specifically mentioned in the franchise.
When the city chooses to exercise its power of eminent domain to acquire any public utility,
the procedure to be used in such acquisition shall be as set forth in V.T.e.A, Property Code ~~
21.011 to 21.065, inclusive. In valuing the property, the measure of damages shall be the fair
market value of the physical properties taken together as one system. This power shall be in
addition to and cumulative of any other powers of acquisition granted to or reserved by the city (
in a franchise ordinance.
Prior to the purchase of any existing franchised utility system, either according to the.terms
of the franchise or by eminent domain, city council shall submit the question of purchase to the
voters of the city, and such must be approved by a majority of those voting.
Nothing in this Charter shall operate to limit in any way, as specifically stated, the
discretion of council or the electors of the city in' imposing terms and conditions as maybe
reasonable in connection with any franchise grant.
7.02. RegiJ1ation.
a. Right of regulation. All grants, renewals, extensions or amendments of public utility
franchises,. whether it be so provided in the ordinance or not, shall be subject to the right of the
city:
1. To repeal the same by ordinance at any time for failure to begin construction or
operation within the time prescribed or otherwise to comply with the terms of the
franchise, such power to be exercised only after due notic:e and hearing.
2. To require an adequate extension of plant and service, and the maintenance of the
plant and fixtures at the highest reasonable standard of efficiency.
3. To establish reasonable standards of service and quality of products and prevent
unjust discrimination in service of rates. !
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CHT:28
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CHARTER
7.05
4. To prescribe the fonn of accounts kept by such utility. If the franchise does not
prescribe the fonn of accounts kept by a utility, then it shall keep its accounts in
accordance with the utility system of accounts for said utility prescribed by th~
appropriate state and federal utility regulatory agencies.
5. To examine and audit the accounts and oth~r records of any such utility at any time
and to require annual and other reports, including reports on local operations by each
such public utility.
6. To impose such reasonable regulations and restrictions as may be deemed desirable or
conducive to the safety, welfare and accommodation of the public.
7. To at any time require such compensation and rental as m~y be pennitted by the laws
of the State of Texas.
b. Regulation of rates and service. Council shall have full power, after due notice and
hearing, to regulate by ordinance the rates and service of every public utility operating within
the city. Such power shall be subject to the exercise of power in each area of each utility by the
appropriate agencies of state and federal government.
7.03. Franchise records.
Within six (6) months after this Charter takes effect, every public utility and every owner
of a public utility franchise shall file with the city, as may be prescribed by ordinance, certified
copies of all franchises owned or claimed, or under which such utility is operated in the city.
The city shall compile and maintain a public record of public utility franchises.
7.04.. Accounts of municipality-owned utilities.
Accounts shall be kept for each public utility owned or operated by the city, in such manner
as to show the true and complete financial results of such city ownership and operation,
including all assets, appropriately subdivided into different classes, all liabilities subdivided
by classes, depreciation, reserve, other reserves and surplus, also revenues, operating
expenses, including depreciation, interest payments, rental and other disposition of annual
income. The accounts shall show the actual capit8.l cost to the city of each public utility owned,
also the cost of all extensions, additions and improvements, and the source of the funds
expended for such capital purposes. They shall show as nearly as possible the cost of any
service furnished to or rendered by any such utility to any other city .or governmental
department. City council shall annually cause to be made by a .licensed certified public
accountant and shall publish a report showing the financial results of such city ownership and
operation, giving the infonnation specified in this section or such data as council shall deem
expedient, in accordance with section 5.08.
7.05. Franchise value disallowed.
The value of the franchise granted by the city shall not be included in fixing reasonable rates
and charges for utility service within the city or in detennining the just compensation to be
paid by the city for public utility property which may be acquired by eminent domain o~
otherwise.
CHT:29
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7.06
LA PORTE CODE
7.06. Consent of property owners.
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The consent of abutting and adjacent property owners shall not be required for the
construction, extension, maintenance or operation of any public utility; but nothing in this
Charter or in any franchise granted thereunder shall be construed to deprive any such
property owner of any rights of action for damage or injury to his property as now or hereafter
provided by law.
ARTICLE VUI. GENERAL PROVISIONS
8.01. Publicity of records.
All records and accounts of every office, department or agency of the city shall be open to
inspection by any person, any representative of a citizen's organization or any representative
of the press during normal business hours, as provided in the Texas Open Records Act,
~T.C.A., Government Code ~ 552.001 et seq.
. State law reference-Public records act, ~T.C.A., Government Code ~ 552.001 et seq.
8.02. Employers and officers.
a. Personal financial interest. No member of city council or any officer or employee of the (
city shall have a financial interest, direct or indirect or by reason of ownership of stock in any
corporation, in any contract or in the sale to the city, or to a contractor supplying the city, of
any lands or rights of interests in any land, material, supplies or service. Any willful violation
of this section shall constitute malfeasance in office, and any officer or employee of the city
found guilty thereof shall thereby forfeit his office or position. Any violation of this section with
the knowledge expressed or implied of the person or corporation contracting with the city shall
render the contract voidable by council.
b. Employment interest. No one who has been elected to city office shall be employed in a
nonelective office by the city within the term for which he was elected or for one year
thereafter.
c. Nepotism. No person related; within the second degree by affinity or within the third
degree by consanguinity, to the mayor or any councilperson or to the city manager shall be
employed or appointed to any office, position or clerkship of the city. This prohibition shall no~
apply, however, to any person who shall have been employed for two (2) years or more by the
city at the time of the election or appointment of the officer to whom he is related.
d. Bonds. Council shall require bonds of all municipal officers and employees who receive
or payout any monies ofthe city. The amount of such bonds shalllbe determined by council and
the cost thereof borne by the city. Council shall set the bond amount for the city manager and
the director of finance at an amount not less than ten thousand dollars ($10,000.00).
(
'CHT:30,
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CHARTER
8.02
e. Oath of office.
1. Elected offu;ers. Every elected officer of the city shall, before entering upon the duties
of his office, take and subscribe to the following oath or affirmation, to be filed and kept
in the office of the city secretary: .
"I, do solemnly swear (or affirm), that I will faithfully
execute the duties ofthe office of of the City of La Porte, State
of Texas, and will to the best of my ability preserve, protect and defend the constitution
and laws of the United States and of this state and the Charter and ordinances of this
city; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly
paid, offered, or promised to contribute any money, or valuable thing, or promised any
public office or employment, as a reward for the giving or withholding a vote at the
election at which I was elected. So help me God."
2. Appointed offu;ers. Every appointed officer of the city shall, before entering upon the
duties of his office, take and subscribe to the following oath or affirmation, to be filed
and kept in the office of the city secretary:
"I, do solemnly swear (or affirm), that I will faithfully
execute the duties of the office of . of the City of La Porte, State
of~as, and will to the best of my ability preserve, protect and defend the constitution
and laws ofthe United States and of this state and the Charter and ordinances of this
city; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly
paid, offered, or promised to contribute any money, or valuable thing, or promised any
public office of employment, as a reward to secure my appointment or the confirmation
thereof. So help me God."
f. Discharge. Council shall be authorized to discharge at any time, with or without a
hearing, as council may elect, any officer, employee or clerk which it appoints.
The city manager shall be authorized to discharge at any time, with or without a hearing,
as the city manager may elect, any officer, employee or clerk which he appoints.
g. Injuries; insurance. City council shall have authority to provide the rules and regulations
for maintaining employees when injured and disabled while performing their duties, and it
may provide for such plan of insurance as it deems proper.
h. Pensions. City council may establish a pension plan for any employee who has been
employed by the city for twenty (20) years and who shall have reached the age of fifty-five (55),
or may adopt in lieu thereof any pension system available to cities under state law. The
amount of said pension shall be graded and proportioned to the average salary received by the
employee during the whole period of his employment. All those falling under the head of
employees in this Charter and who are employed by the city when the same takes effect shall
be entitled to a credit for the years of service heretofore served; provided, however, that any
payment under this provision shall never constitute a waiver or stop the city from asserting
any defenses it might have under section 1.06.
CHT:31
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8.03
LA PORTE CODE
8.03. Assignment, execution and garnishment of city property.
(
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
officers 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.
8.04. City not required to give security or execute bond.
It shall not be necessary in any action, suit or proceeding in which the city is a party for any
bond, undertaking or security to be demanded or executed by or on behalf of said city in any
court, 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, and
said city shall be as liable as if security of bond had been duly executed.
8.05. Effect of this Charter on existing law. '
All ordinances, resolutions, rules and regulations now in force under the city government of
the city and not in conflict with the proyisions of this Charter shall remain in force under this (
Charter until altered, amended or repealed by city council after this Charter takes effect; and
all rights of the city under existing franchises and contracts are preserved in full force and
effect to the city, and any unissued bonds and revenue bonds, or installments thereof,
heretofore authorized at an election held in said city shall not he affected by the adoption of
this Charter, but the righ~ to sell, issue and deliver same, in whole or in part, in keeping with
the provisions of the laws under which they were voted is hereby expressly reserved.
8.06. Amending this Charter.
a. Amendments may be proposed and submitted to the electors of the city by ordinance
passed by a majority vote of the full membership of city councilor by a petition signed by
qualified voters of the city in number not less than five (5) per cent thereof or twenty thousand
(20,000) signatures, whichever is less. Such petition shall in all other respects conform to the
provisions of Article VI.
When a properly drawn petition has been duly filed, council shall provide by ordinance for
submitting such proposed amendments to a vote ofthe electors at an election to be held not less
than thirty (30) days nor more than ninety (90) days after the passage of said ordinance. If the
next regulai' municipal election is to be held during said period, the submission of said
amendment or amendments shall be at such election. Otherwise, a special election shall be
called for the purpose. Notice of the election shall be given by publication thereof in the official
newspaper on the same day in each of two (2) successive weeks; the date of the first publication
CHT:32
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CHARTER
8.09
to be not less than fourteen (14) days prior to the date set for said election. The form of such
notice shall be as prescribed by this Charter, including a substantial copy of the proposed
amendment or amendments.
Each amendment submitted shall contain only one subject and shall be printed separately
. on the ballot, each proposed amendment being followed by designations for the voter to vote for
the amendment or against the amendment.
Each proposed amendment, if approved by the majori ty of the qualified voters voting at said
election, shall become a part of the Charter. The city secretary shall enter notice into the
records of the city declaring the same adopted.
b. This section is subject to the provisions ofV.T.C.A., Local Government Code ~~ 9.04 and
9.05, and V.T.C.A., Election Code ~ 41.001 et seq.
8.07. Severability clause.
If any section or part of section of this Charter shall be held invalid by a' court of competent
jurisdiction, such holding shall not affect the remainder of this Charter nor the context in
which such section or part of section so held invalid may appear, except to the extent that an
entire section o~ part of section may be inseparably connected in meaning and effect with the
section or part of section to which such holding shall directly apply.
8.08. References to laws.
All references within this Charter to laws of the State of Texas or of the United States are
to be construed as meaning such laws as now or hereafter amended or superseded.
8.09. Approval of this Charter.
a. Copies to ~lectors. In not less than thirty (30) days prior to the election provided in
subsection b., the ci,ty commission shall cause the city clerk to mail a copy of this Charter to
'each qualified voter of the city, as listed on the current voter registration list.
b. Submission of Charter to electors. The charter committee in preparing this comprehen-
sive Charter amendment finds and decides 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 the comprehensive
amendment be adopted in its entirety. For these reasons the charter committee directs that
said amended Charter be voted upon as a whole and that it shall be submitted to the qualified
voters of the city at an election to be held for that purpose on the 9th day of August, 1980.
The form of ballot to be used in such election shall be as follows:
FOR THE ADOPTION OF THE AMENDED CHARTER.
AGAINST THE ADOPTION OF THE AMENDED CHARTER.
CHT:33
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8.09
LAPORTE CODE
c. Results of vote fo.r adoption. If a majority of the qualified elElctors voting in such election
shall vote in favor of the adoption of the Charter, and after the returns have been canvassed,
the city clerk shall file an official copy of the Charter with the records of the city. The city
commission shall at its next meeting declare this Charter adopted. The clerk 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 ofTex~s and shall show the approval ofsuch Charter by majority vote of the
qualified voters voting at such election.
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8.10. Provisions for transition.
a. Tenure of offtcers during transition. From and after the date of the adoption of this
Charter and until the completion of the first election under this Charter to be held on the first
Saturday in April, 1981, and the qualification ofthe councilpersons therein elected, the present
qualified and acting commissioners and mayor shall constitute city council. Such city council
shall possess all the powers provided by this Charter.
After said election and until the election to be held on the first Saturday in April, 1982, and
the qualification of the council persons and mayor therein elected, the present qualified and
acting commissioner-Position 2 shall serve as councilperson-at-large-Position A; the present
qualified and acting commissioner-Position 4 shall serve as councilperson-at-Iarge-Position
B; and the present qualified and acting mayor shall serve as mayor. These council persons and (
mayor, along with the councilpersons elected and qualified as.provided in subsection b, below,
shall, for the duration of their terms of office, compose city council and shall possess all the
powers provided by this Charter.
b. Original election of mayor and councilpersons. Councilpersons representing districts
shall be elected at the election to be held on the first Saturday in April, 1981, for terms of office
as follows:
Council person-District 1, three-yea,r term
Council person-District 2, one-year term
Council person-District 3, one-year term
C9uncilperson-District 4, two-year term
Council person-District 5, two-year term
Council person-District 6, three-year term.
Councilpersons-at-Iarge and the mayor shall be elected at ~he election t<? be held on the first
Saturday in April, 1982, for terms of offices as follows:
Councilp~rson-at-Iarge-Position A, op.e-year ~erm
Councilperso~-at-Iarge-Position B, two-year tepn
Mayor, t~ree-year term.
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CHT:34
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CHARTER
8.10
Following these terms of office, all council persons and the mayor shall be elected to
three-year terms, according to the provisions of Article II of this Charter.
..
CHT:35
'CfIY'OF'LA PORTE
crr.Y..MANAGERJf601;01'
JOB DESCRIPTION.
FLSACLA$SIFICA'fION:i' ,~xempt
pAy GRADE: 999
DEFINITION
To assume full responsibility for the administrative actIvities and operations of the
City; to advise and assist the City Council, exercising independent judgment and
initiative.
SIIPERVISION RECEIVED AND EXERCISED
Receives policy direction from the City Council.
Exercises direct and indirect supervision over Department Directors and Divisions.
ESSEI\JTIAL lOB FIINCTIONS
Duties may include, but are not limited to, the following:
Direct and participate in the development and implementation of goals, objectives, policies, and
procedures.
Direct and participate in the preparation and administration of the City budget.
Direct and participate in the preparation and financing of long term capital improvements.
Confer with Department Directors concerning administrative and operational problems; make
appropriate decisions or recommendations.
Prepare and submit to the City Council, reports of finances and administrative activities; keep City
Council advised of financial conditions, program progress, as well as present and future needs of
the City.
Carry out policy decisions made by City Council.
Interpret, analyze, and explain policies, procedures, and programs.
Confer with residents, taxpayers, businesses, and other individuals, groups, and outside agencies
having an interest or potential interest in affairs of City concern.
Respond to the most difficult complaints and requests for information.
Represent the City in the community and at professional meetings as required.
Coordinate City activities with other governmental agencies and outside organizations.
Select, supervise, train, and evaluate staff.
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CITY MANAGER
JOB DESCRIPTION
PAGE 2
ESSENTI41 .IOB FIINCTIONS (CONT'D)
Perform all duties as may be prescribed by City Council action.
Perform related duties as assigned.
PHYSICAL REQIIIREMENTS
For indefinite periods of time - mobility within an office; exposure to dust/mites, electrical and
mechanical hazards; writing; standing; sitting; seeing; reading; decision making; pushing, pulling,
dragging, lifting and carrying up to 20 pounds; reaching above shoulder level; using both hands for
simple and firm grasping; clarity of hearing; communicating clearly and effectively, in person and by
telephone; fine finger manipulation; operation of modern office equipment.
Qt ~AlIFICA TIONS
Knowledge of: .
Modern municipal administrative methods and procedures, organizations, and functions.
Current social, political, and economic trends and operating problems of municipal government.
Applicable Federal and State laws, rules, and regulations regarding local government operations.
Principles of effective public relations and inter-relationships with community groups and agencies,
private businesses and firms, and other levels of government.
Ability to:
Provide effective leadership and coordil')ate the activities of the municipal organization.
Analyze, interpret, summarize, and present administrative and technical information and data in an
effective manner.
Appraise situation and people accurately and quickly and adopt an effective course of action.
Select, supervise, train, and evaluate staff.
Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationship with those contacted in the course of work.
TR~INING AND EXPERIENCE
Three to five years of experience as an Assistant City Manager. Eight years of progressively
responsible experience in an administrative, managerial, or staff capacity in a large municipal
organization. A Bachelor's degree from an accredited college or university with major course work
in business administration, finance or political science.
The City of La Por:te is an Equal Opportunity and Affirmative Action Employer
of Qualified Individuals.
(Circle One)
, have read the job description above and can perform the job duties
reasonable accommodation.
with
without
any
Witness: Supervisor's Signature
Date
Employee's Signature
Date
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CITY CHARTER AND CURRENT CITY MANAGER JOB
DESCRIPTION FOR OTHER CITIES
iDeT q I
2002 17:18 FR CITY OF PE~RL~ND HR281 652 1703 TO 92814707650
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P.01
I.,
HUMAN RESOURCES
3519 LIBERTY DRIVE
PEARLAND, TX 77581
PHONE: 281"652-1616 FAX:, 281-652-1703
TO: Kend... Williams, City of laPorte
FROM: Wendy Standorf,'PHR
H.1t. Staffing Coordinator
RE= City Manager
DATE: October 31, 2002
Following is the job description for the Oty Manager and Section 4.01 of
the City Charter with respect to the City Manager.
The Oty Manager's Contract based on the TCMA Agreement that was in
affect at the time he was hired is also Included.
If you have any questions, you can reach me at 281-652-1616.
ll1ank you.
Number of pages induding this Olver sheet: 16
3519 rnnTY DRlVH. PEARLAND, TliXAS 77581-5416-19 . 281-652-1600 . www.ci.pear1aad.tx.U8
Printed on Recycled Paper 0
OCT 11 2002 17:18 FR CITY OF PERRLRND HR281 652 1703 TO 92814707650
e e
P.02
CITY OF PEARLAND
JOB DESCRIJ2'.rlON
Position Title~
CITY MANAGER
Department;
lmmediate Supe~visor:
Administration
City Council
Work Site: city Hall
3519 Liberty
Schedule: Flexible
==~~~=_~~__==============c=~~==============_;~~~:==:;==============
JOB SUMMARY:
Responsible for day-to-day supervlsion of the operations of all City
departments and divisionS. Serves as advisor to City Council on policy
matters affecting the City.
TYPICAL DUTIES AND RESPONSIBILIT~ES:
A. Receive, investigate, evaluate, and respono to requests from
citizens about issues relating to the City.
B. Serves as advisor to the City Council members including attendance
at City Council meetings and preparation of special reports.
C. Responsible for the analysis and development of policies affecting
the City or9ani~ation.
D. Communicate wi th employees, supervisors, department heads, and c::i ty
council members concerning issues affecting the City organization.
E. Responsible for planning, preparing, and implementing the annual
operating budget for the City organization, administering city pOlicies
and procedures, and prepaxing operating reports.
F. Perform other related duties as assigned.
KHOWLEDGR~ SKILLS. AND ABILITIES~
A. Knowledge of supervisory and management skills and techniques.
B. Knowledge of public sector budgeting, purchasing, and personnel
practices.
C. Knowledge of the operation, maintenance and construction of public
works facilities and equipment.
June 1, 199.-4
OCT
21211212 17:18 FR CITY OF PEARLAND HR281 652 171213 TO 928147121765121
S31 e e
P.12I3
D. Knowledge of economic development principles and practices.
E. Knowledge of public safety principles and proceduzes.
F., Ability to plan, organize, and direct the activities of others and
to build a team.
G. Skill in handling customez relations and sensitive negotiations.
H. Ability to hear and understand ozal communications from employees
and othezs 1n pezson and by telephone.
I. Ability
regulations,
reports.
J. Ability to 'perform complex. mathematical calculations to necessary
to prepare and analyze budge requests.
to read and understand State and Federal laws and
ordinances, manuals, project instructions, and special
K. Ability to wzite bid specifications, correspondence, policies and
procedures, and other administrative documents.
L. Ability to operate a motor vehicle.
H. Ability to stand and walk while performing various job duties.
N. AbIlity to grasp with hands, office supplies, books and other
paperwork.
O. Ability to work indoors and outdoors in extreme heat (lOOf) and
cold (Of) in all weather conditions.
EDUCATIOH~'CERTIPlCATIOH. AND EXPERIENCE REOUIREMENTS:
A. Bachelor's, Degree in. PUblic Administration, Urban Planning, or
related field.
B. At least five years of experience in city management, at least
three years of which must havebsen as a chief executive officer, or
assistant chief executive officer in a municipality.
C. A valid, Class "en Texas Driver's License.
NOTE: The above statements are intended to describe the general nature
and level of work being perfo~mec by the person assigned to this job.
They are not intended to be an exhaustive list of all responsibilities,
duties, ski11s, and phYSical demands required of personnel so
June 1, 1994
OC,T ~,1 2002 17:19 FR CITY OF PE~RL~ND HR281 652
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P.04
, 3.11
PEABLAND CODE
of all JJlODies, credits, and things of "falue coming
into the hands of such persons, and such bonds
shall be signed as surety by some company autb.o-
rized to do business under the laws of the State of
Texas, and the premi~ on sum bonds shall be
paid by the City of Pearland, and such bonds
must be acceptable to the city council.
Section 8.12. Investigation by the city coun-
cil.
The city council shall have power to inquire
intD the conduct of any office, department. agency,
officer or employee of the city and to znake inves-
tigations as to municipal Bft'airs, and for that
purpose may subpoena witnesses, a~;niAter oaths
and compel the production of books. papers. and
other evidence. Failure to obey such subpoena or
to ptoduce books. papers Or other evidence as
ordered under the provisions of this section shall
constitute a misdemeanor and shall be punish-
able by fine not to exceed two hundred dollars
($200.00).
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Section S.13. Au.dit aDd examination of city
books and accountlil.
The city council shall cause an amiual audit to
be made of the books and accounts of each and
every department of the city. At the close of each
fiscal year. a complete audit shall be made by a
ce:rtified public accountant, who shall be selected
by the city council, and such audit shall include a
recapitulation of all audits made during the course
of the fiscal year, and all audit :reports shall be
filed with the city council, shall be available for
public inspection, shall be made a part of the
archives of the city, and the resume shall be
published in the official city newspaper of the City
of Pearland. Such ac:countant, so selected, shall
not maintain or keep any of the city's accounts or
J'ecords nor be an employee or official of the City
of Pear land.
ARTICLE 4. ADMlNISTRATlVE SERVICES
SectloJl 4.01. 'City manager.
(a) Appointment and qualifications: The city
council shall appOint an administrative and exec-
utiVQ officer oftha city who shall be responsible to
the city couneil for the adininistr8.ti.OD of all the
affairs of the city. HelShe shall be chosen by the
council solely on the basis ofhislher executive and
administrative training. experience and ability.
No member of the city council shall. during the
time fo~ which be/she is elected and for two (2)
years thereafter, be appointed city maJ"Apt.
(b) 7I!rm. and. salary: The city, manager shall
not be appointed for a definite term but may be
removed at the ril and pleasure of the city
council by a vote of the majority of the entire city
council. The action of the city council in 8uspend-
ing or removing the city manager shall be final, it
being the intention of this charter to yest all
authority and fix all responsibility of such suspen-
sion at removal in the city council. In case of the
absence or disability of the city manager. the city
council may designate some qualified person to
perform the duties of the office during such ab-
sence or disability. The city manager shall receive
compensation as may be :fixed by the council.
(c) Duties of the city manager:
(1) The city ItUlDBger shall be responsible to
the city council fO!' the efficient and ec0-
nomical administration of the city govetn-
nient. BelShe shall have the authority,
with the approval of the city council, to
appoint and remove all deplrtment heads.
BelShe shall have tbe authority to ap-
point and remove all other employees in
the adminiatrative service of the city. Bel
She may authorize the head of a depart-
ment to appoint and resnove subordinates
in hislher respective department. El:cept
for the purpose of inquiry, the city council
and its members shall deal with the ad-
ministrative service solely through the
city manager.
(2) Prepare the budget annually and submit
it to the city council and be TeBpOns~ble for
its administration after adoption.
(3) Prepare and submit to the city council as
of the end of the fieeal )'eaI' a complete
report on the finances and adJrlin;Rtrative
activities of the city for' the preceding
year.
CHT:l0
--2CT 31 2002 17:19 FR C1Tytir PEARLAND HR281 652 1703 it 92814707650
CHARTER
I
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(4) Keep the city council advised of the finan-
cial condition and future needs of the city
and make such reconunendatiolls as may
seem desirable.
(5) Perform such duties 88 may be prescribed
: by this charter or may be required of.
himlher by the city council, not inconsis-
tent with tbis charter.
(Res. No. 86-12, i 3, ratified 4--5-86, approved
4-7-86; Res. No. R90-14, , m, ratified 5-6-90,
approved 5-7-90j Re5. No. R94-22, n 1(4), (5),.m,
ratified 5-7-94; approved 5.9-94)
SeotiOD 4.0i. Department of police.
There shall be established and maintained a
department of police to preserve order within the
city and to secure the residents of said city from
violence and the property therein frOJl1 injury or
loss.
(a) Chief of police: The chief of police shall be
the chief administrative officer of the de-
partment of police. HelShe shall, wIth the
approval of the city manager, appoint and
remove the employees of said department
and shall perform such duties as may be
required of himlher by the city manager,
. The chief of pollee shall be appointed by
the city manager, with the approval of the
city council, for an indefinite tenn. The
chief of police shall be responsible to the
city manager for the administration of
hislher department and the cBrl')'ing out
of the directives of the city manager. HeI
She may be removed from office by the
city manager with the approval of the city
council.
(Res. No. 82-16, fi 8, ratified 4-3-82, approved
4-5-82; Res. No. R90-14, t m, tatified 5-5-90,
approved 5-8-90; Res. No. R94-22, ii 1(6), ill,
ratified 5-7-94j. approved 15-9-94)
Code r8fetea.oe-l'olice, Ch. 24.
Section 4.03. City secretary.
There shall be a city secretary for the City of
Pearland. The city manager, with the appl'OVal of
the ~ty council, shall appoint a competent person
as CIty secretary and such assistants as the city
council may deem advisable. The city secretary. or
P.05
14,06
an assistant city secretary, shall give notice of
council meetings, shall keep the minutes of the
proceedings of such meetings, and shall authen-
ticate by hislher signature and record in full a
book kept and indexed for the purpose all ordi-
nances and resolutions and shall perform such
other duties as the city manager shall assign to
~mJher and those elsewhere provided in. this
charter and laws of the State of Texas.
(Res, No. R90-14, i m, ratified 5-5-90, approved
5-7-90)
SeotioD 4.04. Departmeat of taxation.
There shall be a requilement to establish and
maintain an effective tax rate and to ensure that
taxes are collected. The city manager) with the
approval of the city council, shall determine the
method for appropriately collecting taxes.
(Res. No. 84-8, i 4, ratified 4-7-84, approved
4-9-84; Rea. No. R9{)"14, ~ m, ratified 5-5-90,
approved .0-7-90; Res. No. R94-22, U 1(7), m,
ratified 5-7-94; approved 5-9-94)
Code refe~TuatioDI Ch. 28.
Section 4.015. Depart.nent of finance.
There shall be established and maintained a
departJnent offinance to sdm;nlAter the financial
affairs of the city. The city manager with the
approval of the city council shall appoint a com-
petent person as the director of finance and such
assistants as the city manager and city council
shall deem advisable. The director of finance shall
be the official city treasurer and shall perform the
duties delegated to himlher by the city manager
and those which may be imposed upon himlher by
the laws of the State of'Thxas.
(Res. No. 82-16, i 3, ratified 4-3-82, approved
4--6-82; Res. No. R90-14, I m, rati1ied 5-5-90,
approved 5-7-90)
Seotion 4.06. Munlelpal court.
There shall be established and maintained a
court designated as a "municipal court" for the
trial of misdemeanor offenses with all such pow-
ers and duties as are IlO\V or hereafter may be
prescribed by the laws of the State ot Texas
relative to municipal or recorder's court.
(R.) The judge of said court shall be appointed
by the city council and shall be a licensed
CHT:ll
OCT pI 2002 17:19 FR CITY OF PEARLAND HR281 652 1703 TO 92814707650
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AGREEMENT FOR PROFESSIONAL SERVICES
AND EMPLOYMENT AS CITY MANAGER
this Agreement for Professional Services and Employment as City Manager (this "Agreement"), is
made and ~tered into effective as oftms "-1 i1 H. Day of A lJ-,'1 .2001, by and
- . ,
between the City of Pear land, Texas, a IIIW1icipal corporation (the "City"), and William Eisen, (the
"Manager"), to establish and set forth the terms and conditions of the employment as the City
Manager of the City.
WITNESSETH:
WHEREAS, the City Council of the City (the "Council"), and the; City Manager believe that
employment agreements negotiated between City Councils and City Managers can be mutually
beneficial to the city organization, the City Manager, and the community they serve;
WHEREAS, when appropriately structured, the City Council and City Manager believe employment
agxeements can strengthen the Council-Manager relationship by enhancing the excellence and
continuity of the w~n~gem.ent of the city for the benefit of its citizens;
WHEREAS, the City Council and City Manager believe it is important to thoughtfully consider
guidelines that will be consistent with both the letter and the spirit of State law, and to the extent
applicable, the city's charter and personnel policies, that will uphold the principle of "serving at the
pleasure of the Council," that.will clearly define and incorporate the benefits to the community and
organization, and that will address the protection of the Manager and fiunily through provisions that
Me reasonable in nature and scope when compared to professional practices and 10caJlregional market
conditi~ns and appropriately funded within the city's budget;
WHEREAS, the City desires to employ the services ofme Manager as ~ City Manager of the City,
pursuant to the tenns, conditions and provisions of~ Agreement;
OCT;31 2002 17:19 FR CITY OF PEARL AND HR281 652 1703 TO 92814707650
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P.12I7
WHEREAS, it is the desire of the Council to proYide compensation and benefits, establish
conditions of employment for, and to set the working conditions ot the Manager as provided in this
Agreement;
WHEREAS, the Cowwil desires to secure and retain the services of the Manager, to provide
inducements for the Manager to accept employment as the City manager of the City and to remain in
such employment, to encourage full work productivity by assuring the Manager's mOrale and peace of
mind with respect to future security t and to provide a proper means for termination, resignatio~ or
retirement of the Manager;
WHEREAS, except as otherwise specifically provided herein, the manager shall have and be eliglble
for the same benefits as are provided to all non-Civil Service employees of the City; and
WHEREAS, the m9Tlager has agreed to accept employment as the City Manager of the City, subject
to and on the terms, conditions, and provisions agreed to and set forth in this Agreement;
NOW, THEREFORE, in consideration of Manager accepting employment with the City, and other
good and valuable consideration, including the mutual covenants herein contained, the City and the
Manager hereby contract, covenant, and agree as follows:
Section 1. Duties. The Council hereby employs the Manager as the chief administrative oftker of
the City to perform the duties and functions specified in the City Charter. city ordinances, this
Agreement, and as the Council shall, from tbne to timet aSsign to the manager consistent with the
intent oftbis Agreement.
The Manager shall report for work, and the duties and employment of the Manger shall commence on
the 3~ day of April. 2001 (the "COIDIJ]eD.cement Date").
SeetiOD 2. Term. The term of this Agreement shall be indefinite and this Agreement shall be and
remain in full force and effect until terminated by the Manager Of the Council as herein provided (the
"T enn").
OCT 31 2002 17:19 FR CITYAIr PEARLAND HR281 652 1703 ~ .92814707650
P.08
The Manager shall serve at the pleasure of the Council and nothing in this Agreement shall prevent,
limit or otherwise interfere with the right of the Council, or the manager, to terminate the services of
the Manager at any time, subject only to applicable provisions. of the city charter, city personnel
policies, 8D:d the provisions set forth hereinafter in the section titled uTennination. "
Sectioll3. Salary. City agrees to pay the Manager an annual base salary, which salary shall initially
be $124,500 payable in installments at the same time as other employees of the City are paid.
City further agrees to review the base salary and" other benefits of the manager at least annually.
SeetioD 4. DefelTed CompeDJation. ,City agrees to pay the Manager annual deferred compensation
in an amount equal to zero (0) percent of base salary. The deferred compensation shall be paid
monthly to the qualified deferred compensation fund or funds designated by the Manager.
Seetioll S. DisabiJity and Retirement Benefits. The Manager shall be covered and governed by
the same retirement system as are all other employees. Retirement contributions shall be paid as
required by the retirement system's plan documents.
If the Manager retires pmsuant to a qualified retirement plan or is permanently disabled during the
Term. the Manager shall be compeOsated for all sick leave, vacation leave, holidays, and other
benefits then accrued or credited to the Manager, and) at'the Manager's option. shall be permitted to
participate in the: City's health insurance plan on the same basis as other retirees from the City are
permitted to do so, or, ifsuch other retirees are not permitted to do so, at the cost of the Manager.
SedioD 6. Insurance and ADDual Physical.
) .
1. Heslth IDSUJ'BDCe. the Manager shall be covered by the same health, dental, and
vision plans as all other employees, or such plans that are available through City and
selected by the Manager, except that the City shall pay the employee share of
premiums for the Manager and the manager's dependents.
OCT 31 2002 17:20 FR CITY OF PE~RL~ND HR281 652 1703 TO 92814707650
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The coverage shall be in full force and effect immediately upon the Commencement
Date, including no waiting period for pre-existing conditions. The City further agrees
to co-ordinate its insurance plan with the Manager's CUl1'ent insurance plan and
coverage, with the intent that no exclusion, hiatus or break in coverage in ,health.
disability or life insuran~e coverage occurs for the manager and the Manager's
dependents.
2. Life Insurance. The City agrees to purchase and pay the required premiums for a life
insUT~e policy for the Manager, pro~ding coverage in an amount equal to amuhiple
of the msma.ger's base salary. . The multiple, type of policy, and policy terms will be
pursuant to the same policies and conditions as are available to the other employees of
the City. 'The Manager shall designate the beneficiary of such policy.
3. Disability Insurance. City agrees to provide disability insurance for Manager on the
same basis as it provides coverage for all other employees.
Semon 7. Vehicle" "MonthlY Vehicle AUowanc:~ The Manager"s duties require exclusive and
unrestricted use ofa vehicle. The City agrees to pay the Manager, during the term of this Agreement
and in addition to other salary and benefits herein provided, the sum of $8,000 per year, payable
monthly, as a vehicle allowance. The manager shall acquire and maintain a ~ehicle during the tenn of
this Agreement, which shall be available for the Manager's exclusive and unrestricted use in the
performance ofbislher duties hereunder. The Manager shall be responsible fur paying for liability,
property daDtage, and comprehensive insurance coverage upon such vehicle and shall further be
responsible for an expeJJSes attendant to the purchase, operation, maintenance, repair, and regular
replacement of said vehicle."
Section 8. Leave Benefits. All provisions of the rules and regulations of the City applicable to
fringe benefits, leave ami working conditions as they new exist or hereafter may be amended, shall
also apply to the manager as they apply to all other employees of the City, in addition to the benefits
enumerated specifically for the benefit of the Manager herein; pro'Vided that vacation, sick leave, and
OCT 31 2002 17:20 FR CITY OF PEARLAND HR281 652 1703 TO 92814707650
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P.10
all othCr benefits which vary according to tenure shall be calculated and granted to the Il'lBD.Ilger in
accordance with the City's regulations using an. equivaient original employment date of the manager
with the City as April 30, 2001.
Seetion 9. ProfessionalllDd Civic Development. The City agrees to budget and pay for the civic
and professional membership dues and subscriptions of manager necessary for the manager's
contin~tion and participation in national, regional,' state, and local associations necessary and
desirable for the manager's continued professional participation, growth, and advancement, and for
the good of the City. Developing and maint~in1ng professional association contacts and stmding
provide the City ilCcess to valuable resources, and the reasonable participation and related travel bY
Manager as provided for in the annual budget will be a part of the m~nager's duties.
Section 10. Husmels Expenses. Certain expenses of a non-personal and job-related natUre will
necessarily be incurred by the Manager in the performance of the manager's duties. The City will pay
or reimburse such business expenses, and the Finance Director is authorized to disburse such momes
upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal
affidavits. The City will also pay the fUll cost of any bond, if any is required by the City to be made by
the Manager.
SecdOD 11. RelocatJ~D Expenses. The Manager will establish residenCe within the City's corporate
boundaries within six (6) months of the COmDiencement Datt; and will thereaftermaiDtaio a residence
. .
within the citY during the tenn of this Agreement.
1. Moving. The City will reimburse, or pay directly, for the expenses of moving the
Manager, the Manager's family, and the Managerts personal propeny from the
Manager's current residence to the City. The moving expenses will include packing.
moving, storage costs, unpacking, and insurance (:harges. The moving expenses shall
be reimbursed after actUal invoices are presented and shall not exceed $8000.
OCT 31 2002 17:20 FR CITY OF ~EARLAND HR281 652 1703 TO 92814707650
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2.' Interim Housing. The City'shall pay an interi01 housing supplement of $600 per
month, begjnning on the Conunencement Date and continuing for a maximwn of three
(3) months or until the manager purchases or leases a home within the City.
Section 12. Indemnification. To the fullest extent permitted by law, City shall defend, Save
harmless and indemnify Manager against any tort, professional liability claim or demand or other legal
action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the
performance of manager's duties, and shall obtain and keep in full force and effect liability insurance,
or risk pool coverage,. including errors and omissions coverage on a "per occurrence" basis, in
sufficient amounts to assure accomplishment of such hold harmless and indemnification; provided that
this section shall not be construed as creating any right, cause of action, or claim. of waiver or
estoppel for or on behalf of any third party, not sball it be construed as a waiver or modification of tile
availability of the defense ofgovernm.ental immW1ity or any other legal defense available to either City
or the Manager as to any third party; and provided further that City shall not indemnify and'hold
harmless the Manager from and with respect to any claim or liability for which the conduct of the
manager is found by the courts to have been grossly negligent or intentional wrongful conduct.
City will compromiSe and settle any such claim or suit and pay the amount of any settlement or
judgment rendered thereon. This indemni:1ication shall extend beyond and Survi~e the termination of
employment and the expiratiOn of this Agreement.
Section 13. Boon of Work. It is recognized that the Manager is expected to engage in the bours of
work that are necessary to fulfill the obligations of the position, must be available at an times, and
must devote a great deal of time outside the normal office hours to the business of the City.
The Manager acknowledges the proper performance of the duties of the City Manager of the CitywDl
require the Manager to generally observe normal business hoUl'S and will also often require the
perfonnance ofnecessary services outside of normal business hours.
The Manager agrees to devote such additional time as is necessary for the full and propet
OCT 31 2002 17:20 FR CITY OF PE~RL~ND HR281 652 1703 TO 92814707650
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P.12
performance of the Manager's duties and that. the compensation herein provided includes
compensation for the performance of all such services.
However, ,the City intends that reasonable time offbe peimitted the manager, such as is customary for
exempt employees so long as the time off does not interfere With the normal conduct of the office of
the City Manager.
The Manager will devote full time and effort to the performance of the duties of the City Manager of
the City, and shall remain in the exclusive employ of the City during the Tenn of this Agreement;
provided that, with the prior consent of the Council, the Manager may accept temporary, outside
professional employment which will not in anyway limit the performance o~ or the Manager's
availability for the perfonn&:nce ot: the Manager's duties hereunder. The term "outside professional
employment" shall be constrUed to include occasional teaching, writing or consulting performed on
the Manager's time of[
Section 14. Termination and SeveraDee Pay.
A. Termination. In the event Manage~ is tenirlnated by the CouncU during the Term of
this Agreement and Manager is then willing' and able to perform all the duties of the
City Manager under this Agreement, then, in that event, the City agrees to pay the
Manager a lwnp sum cash payment equal to nine (9) months full salary and salary-
related benefits, plus the value of all sick and vacation leave, holidays and other
benefits accrued by, or credited to. the Manager prior to the termination; provided
that, if the Manager is tem1inated because of conviction of a misdemeanor involving
moral turpitude or personal gain, or any felony, then, in that event, the City shall have
no obligation to pay the severance payments designated in this Section.
. OCT.31 2002 17:20 FR CITY OF PE~RL~ND HR281 652 1703 TO 92814707650
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P.13
2. Redudions. In the event the Council during the Term of this Agreement reduces the
authority ofthe Manager, or reduces the salary or other financial benefits of Manager
in a greater percentage than an applicable across-the-board reduction for aU
employees of the City, or in the event the City refuses, following written notice,
comply with any other provision benefiting tbe manager herein, or the Manager
resigns following a suggestion, whether formal or informal, by the Council that tbe
Manager resign, the in that event, the Manager may, at the manager's option, be
deemed to have been terminated as oftbe date of such reduction, or as of the date the
Manager resigns at the Council's suggestions; provided that, notice having first been
given. the suspension of the Manager with pay pending the resolution of any criminal
charge filed against the Manager shall not constitute a termination, or a reduction
under this section. The Council shall be deemed to have suggested the resignation of
the Manager at any time when a majority of the members of the Council shall at a
Council meeting, or in writing, suggest that the Manage resign.
3. ResignatioD. If the Manager terminates this Agreement by voluntary resignation of
the position of City Manager, the Manager shall give 30 days notice in advance unless
the Council agrees otherwise.
Section 15. Notices. All notices, demands, and other writings may be delivered by either patty
, hereto to the other by United States Mail, or by a reliable commercial courier at the following
address:
(1) City: 3519 Liberty Drivel pearland, Texas 71581
(2) Manager:
Ahematively, notices required pursuant to this Agreement may be personally served in the same
manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of
personal service, or three (3) days after the date the notice is deposited in the United States Mail or
with a commercial courier.
OCT.31 2002 17:21 FR CITY OF PEARLAND HR281 652 1703 TO 92814707650
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P.14
Section 16. COD~t of Interest Prohibition. The Mariaget ~ not, during the Term of this
Agreement, individually, as a partner, joint venture, officer or shareholder, invest or participate in any
business venture conduCting busineSs in the corporate limits of the City, except fur stock ownership in
a company ~whose capital stock is publi<:ly held and regularly traded on any stock exchange, without
the prior written approval of the Council. For and during the Tenn ofme Agreement, the Manager
shall, except for a personal residence or residential property acquired or held for future use as the
Manager's personal residence, not invest in any other real estate or property improvements within the
City,. without the prior written consent of the Council.
....
SectiOJl 17. Appropriations. The Council has appropriated. set aside and encumbered, and does
hereby appropriate, set aside, and encumber, available and unappropriated funds of the City in an
amount sufficient to fund and pay all financial obligations oftbe City pursuant to this Agreement,
including, but not limited to, the severance pay, salary and benefits set forth and described herein.
Section 18. General Provisions.
1. Section heacliDgs. All section headings contained herein are for the convenience of
reference only and are not intended to define or limit the scope of any provision of
this Agreement.
2. C;;ovel1liJ1g Law. This Agreement shall be construed in accordanee with, and
governed by, the laws of the State of Texas. Venue shall1ie exclusively in Brazoria
County, Texas.
3. Severability. In the event anyone or more of the seCtions, provisions ot' clauses
contained herein shall for any reason be held to be'invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceabiJity sbaU Dot affect any other
provision of this Agreement, but this Agreement shall be construed as if such invalid,
illegal or unenforceable provision had not been contained herein.
OCT.31 2002 17:21 FR CITY OF PEARLAND HR281 652 1703 TO 92814707650 P 15
it _ .
4. Entire Agreement. This Agreement incorporates all the agreement5, covenants and
understanding between the City and the Manager concerning the subject matter
hereo~ and all such covenants) agreements and understandings have been merged into
this written Agreement. No other prior agreements or understandings, verbal or
otherwise, of the parties or their agents shall be valid or enforceable unless embodied
in this Agreement.
5. Amendment. This Agreement shall not be modified or amended except by a written
instrumem executed by the Manager and the duly authorized representative of the
Council.
6. EfIe(nve Date. This Agreement shall be and become in full force and effect as oftbe
d~te above first written upon the adoption and approval of the Council, and the
execution and deliver hereof by the authorized officer of the City and the Manager.
7. Counterparts. This Agreement may be executed in duplicate original counterparts,
each of whicb when so executed shall be deemed to be an original, and such
counterparts shall together constitute but one in the same instrument.
IN WITNESS WHEREOF, the City and the Manager have executed this Agreement eff.ective as of
the date first written above.
c-- aJ:p~
Mayor
(City Seal)
; OC!~31 2002 17:21 FR CITY OF PEARLAND HR281 652 1703 TO 92814707650 P.16
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APPROVED AS TO FORM:
City Attorney 0~' ~
AGREED AND ACCEPI'ED this the ~ f'J I/... Day of
J1C1J-L.L.
',2001
r
JJ1L- L
City Manager
** TOTAL PAGE.i6 **
!'
_Qct.30. 2002 10:46AM
FR~SWOOD CITY SECRETARY
e
City of Friendswood
910 South Friendswood Drive.
Friendswood, Texas 77546-4856
(281) 996-3270
Fax: (281) 482-1634
FAX TRANSMITTAL
DATE: 10/30/02
F~OrJ5 THE DESK OF:
; ;"o-a ...'ho,....#-,...
..."" . j ~ .. .,......
Assistant City Secretary
NO. OF PACES FAXED INCLUDINC COVER SHEET: 8
IF YOU DO NOT RE~/VE ALL OF THE PAGES, PLEASE CALL: (281) 996-3270
F~ #: 2S~-470-7650
TO:
CINDY.
PH: 291-471-5020 ex 294
C OF LAPORTE
SUBJSCT:
CMGR JOB DESCRIPTION & CHARTER REQUIRMENTS.
No.5554. p, 1
Mayor
HAROLD L. WHITAKER
Counc.ilmembers
KITr.EN BRIZENDINE
JERRY ERICSSON
TRACY GOZA
KIM BRIZENDINE
SHANNON KIMMEL
MEL MBASELBS
City Manager
RONALD :E. COX
CilY Secretary
D:eLORlS McKENZIE. T .R.M.C,
MESSACE:
1. ATTACHED PER YOUR REQUEST IS ]I.. COpy OF THE CITY MGR.
JOB DESCRIPTION AND CH1\RTER REQUIREMENTS.~
2. EMPLOYMENT .n.GREEMENT - WE; DO NOT HAVE, SUCH.
THANK YOU FOR YOUR REQUEST.
LINDA
CONFIDENTIALlTYNOTICB: A:D..y message above, together with any attacbed materials are intended for the use
of the indicated recipient, and may contain information that is confidential. If you are not the intended recipient, or
employee/agent of the intended recipient, you. are hereby notified that any duplication or distrib:utiOll of this
communication is uJlauthonzed. lfyou have retcived this communication in error, please notify us by telephone
immediately. Thank Yon.
r Oct.30. 2002 10:46AM
FR4IjPSWOOD CITY SECRETARY
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No.5554 p. 2
Position Title'
Department:
Location:
Exemption Status:
CIty Manager
City Manager
910 S" Friendswcod Drive
Exempt
Salary Grade'.
DOL Code: 188.117-114
. PURPOSE OF THE JOB:
To plan, organize and direct a.1i City affairs as assigned by City charger, ordinan.ce or
directive" .
To promote City interests through. direct community involvement or indirectly, through
the management of ,Department Directors. "
To provide adyic~ and consultation to City Councll, and act as liaison between Council
and City staff.
WORK PERFORMED:
1. Directs ~d engag~s in. shott term and strategic planning for the development, acquisition
and use of the City's human, capital and financial resources.
2. Prepares or clirects the preparation of policy and procedural proposals for review and
adoption by City Council.
3 Monitors the implementation and progress of policies, procedures, programs and projects..
4. Appoints/bires Department Directors and City. Manager' s ~ and other City employees
through subordinates; Evaluates performances, resolves grievances and develops staff.
5.
Directs the preparation of the City's budget, monitors execution oftbe budget throughout
. the:year to inc1ude'review and approval of expenditores, check"regislet5 and "Overtim~ - - -
reports.
6. Advises the Council of the City's financial status.
7.. Directs the preparation of City Councif meeting agendas; DetermiD.es items to be included
in the agenda. .
8 Receives and responds to public inquiries; Resolves or delegates the resolution of
problems presented by citizens.
9 Represents the City's interests in a variety of settings both inside and outside of the City;
Conducts on-site visits of City projects.
10 Directs staff meetings, reviews status of staff projects, and reviews recommendations and
projects completed by staff.
O.ct.30. 2002 10:46AM
FRtljDSWOOD CITY SECRETARY
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No.5554 P.3
11 Attends evening City Council meetings, committee meetings, social, civic and volunteer
'association meetings:.
12. Actively participates in profess~onal associations
13. Consults with City attorney to seek advice and iega!. opinions..
14.. Attends workshops ar!(f seminars to stay abreast of latest deve1dpments in topics bearing
on effective City management, to include but not limited to federal and state reguiatory
changes.
15.. .' May perform other related duties..
SUPERVISION EXERCISED:
1. Positions Directly Supervised (Number and Titles)'
8 Department Heads: Community Development. Finance~ Library. Police, Fire, Fire
'Marshal, Parks and Recreation, Public Works,.
. .
1 Administrative Assistant
2. PositiQns Indirectly Supervised (N~mber and Titles):
1 Secretary/Receptionist
> 1 00 full-time. employees
>50 part-time empioyees
SUPERV"'JSION RECEIVED:
1 Titles of SUperviSOT$: Mayor and City Council
2.. Type of SUpeIVision: Perforins work under general supervision; Receives annual
performance evaluation.
RESPONSmlLITY AND AlftHORITY:
1. Decision Making:
Decisions to be made are far reaching, thus requiting the ability to forecast consequences.
Conditions surrounding the problems are uncenain and involve highly sensitive matters
Decisions eff'-ect the well being of the organization or the well being of the public.
Decisions require extensive and broad experience in municipal government and in-depth.
Qct.30. 2002 10:46AM
FR4IjDSWOOD CITY SECRETARY
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No.5554 p. 4
knowledge of reve1ant laws and ordinances and public administt.aticn practices_ Examples'
Exercises total authority and diS\,"'feUcn in daily interpretation a.."ld execution of City+wide
policies and procedures .and programs..
Independent judgement as,d discretion is utilized in exercising the responsibilities of Chief
Executive.
2_ Ecr.J.ipment:
Frequently uses computer, Dictaphone and vehicle..
3. Finances:
Responsible for complete oversight of City budget $12M+
4.
Pubic Contacts (Nature and Identity):.
Interacts with federal and state agencies to obtain information concerning rul~
regulations arid grants as well as other matters.
Provides or receiv.es advice and guidance to/from federal and state elected officials,
statewide oroomizatiODS and elected officials' staffs concerning legislation; Shares
infomiation ,^,ith City and County elected officials.
Provides quotes and press releases for television, radio and newspaper media.
Exchanges infonnation concerning programs aDd projects of mutual benefit with Chamber
directOrs and board members.
Consults with City Attomey.
Discusses common issues with other City Managers throughout the State.
Consults with school officials ofF.I.S..D And C.C.1.S.D. to share projects, concerns and
exchange information.. ,
"Interacts.with constlltants cont;emin"g pToj'"ed: status. - - -. - - - - -. - - -- - -
Intecacts with the public, both individuais and organizations concerning a wide range of
issues bear.ang on City policies, procedures and programs.
s..
Internal Contacts (Nanire and Identity):
Principal contacts are with the Mayor, City Council and Department Heads to exchange
routine informa.tion" coordinates work activities, provide advice and consultation. and
negotiate policies and procedures; Provides direct orders to Department Heads.
SKILLS,.KNOWLEDGEAND ABILITIES:
1 Minimum .Education. and Experience ReqUired to Perform the Job~
Undergraduate degree in business, public administration or related field~ lVfaster's degree
in political science, business, public administration or related field
Oct.30. 2002 10:46AM
FR4jjDSWOOD CITY SECRETARY
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No.5554 p. 5
Five years ofprogressiveiy respol!Sib!e City Management experience in a smaller City or
eight years llilieu of graduate degree.
2. Knowledge or Skill Proficiencies.:
Knowledge offederal, state and local laws/regulations bearing on City programs..
Knowledge of business practices and protocol to include an understanding of
In depth understanding of municipal operations..
3. Special Aptitudes and Abilities.:
Excellent verbal skills, both oral and writing; Must be able to make effective presentations
to City Council, Social and Civic groups, negotiate with high ranking officials, 811d
represent the Ciiy in formal as well as informal settings..
Outstanding manaooerial skills, to include ability to plan, organize and direct multiple
, projects of significant import to the public.
Ability to create a motivating work environment for ma..1'lagers of diverse talents and
personalities.
Philosophically oriented toward serving the public and acting as roie !Ilodel for other
. employees' interactions and with .the public.
Outstanding problem 3Dlvmg and analytical skills; Must be able to nnd solution.s to
problems for which there may be no precedent
4. Required License~ Registries and Certificates~
Valid Texas Driver's License and good driving record.
WORKING CONDmONS - GENERAL:
'M .- Position-may involve'extended 'periods of 'Sitting-and Stahditfg Witti some ~ Frequtm"fl:f -
exposed to odors and. fumes; Occasionally exposed to heat, cold dampness and bad
lighting. Unlikely to sustain physical injury if care is exercised when traveling and
a.rranging meeting room or while engaged in other physical activity.
Position incumbent is subject to considerable stress due to workload. budgetary
responsibilities and total martagement responsibility under uncertain ot' unstable economic
conditions; Stressors include the management of highly charged political situations, and
negotiating ~th individuals who may have conflicting personal agendas or views (City
Council1vfembersot City Council-Staff members).
Position is required to attend evening meetings, and is expected to work beyond a 40 hour
work week to accomplish all objectives..
o.ct. 30. 2002 10: 47AM
FR~SWOOD CITY SECRETARY
e
No.5554 p. 6
NOTE: All positions at the City of Friends wood require documentation of employment
eligibility in accordance with federa11egislation.
hmnediate Supervisor's Signature
Date of Approval,~
D.c t . 30. 2002 I 0 : 47 AM
FRtlJDSWDDD CITY SECRETARY
e
No.5554 p. 7
.,
CHARTER
~ 4.01
Sec. 3.16. Investigation by the city counciL
The council may make investigations into the aff'sirs of the city and the conduct of any city
departnlent, division, or of6.ce and for this purpose m.ay subpoena witnesses, adrojnister oaths.
take testimony and require the production of evidence. Any person who fails or refuses to obey
a ,lawful c,rder issued in the exex'cise of these powers by the council shall be guilty of a
misdemeanor and subject to a fine which shall have been set, by ordinance, by the council
Sec. 8.17. Officers and employees protected from financial loss.
Duly elected ~d appointed ofticers, and employees, shall be protected by the city from
personal finAneialloss resulting from decisions made while in acting in their capacities as city
officel'S 01', as to employees. within the course and scope of their employment.
(Ord. No. 214. i 1, 3-4-74, election 4.6-74; Res. No" R2002-10, i 7,2-18-02, election 5+02)
ARTlC~ N ADMINISTRATIVE SERVICES
Sec. 4.01. City :manager.
(a) Appointment, and. qualifications: The council by majority vote of entire council shall
appoint a city manager. The method of seiection shall be left to the discretion of the city council
so long as the method imnires orderly, nonpartisan action toward securing a competent and
qualified person to fill the position. The city manager shall be chosen solely upon the basis of
hislher executive and administrative training, experience and ability and need not when
appointed be a resident'ofthe City ofFriendswood; however, during the tenure ofhislher office
he shall reside within the city.. The city manager shall be bonded at city expense in an amount
of not less than $10,000.00.
{b)..Compe~tion.: ,~~_~~ mana~_~~_~l.:~~!Y!5~~pe~ati.OD. as, may be ~~~~~ :_=-...:._:.-~_.:
council according to hislher experience. education and training. The compensation should be
agreed upOn before appointment with the understanding that the council may change it at
their discretion" .
(c) 7erm and removal: The city manager shall not be appointed for a definite tenn but may
be removed at the discretion of the council, by vote of the majority of the entire council. The
action of the council in suspending or removing the city manager shall be final It is the
intention of this Charter to vest all authority and :fix all1'esponsibilities of such suspension or
removal in the council.
(d) Powers and du.ties: The city manager shall be responsible to the council for the proper
administratiOn of all the aifairs of the city and to that end shall have the power and be required
to:
(1) See that all state laws and city ordinances are effectively enforced.
(2) Appoint, suspend or remove all or anyone of the directors of departments with the
concurrence of the council
Supp. No.7
CHT:15
Qct.30. 2002 10:47AM
FR~DSWOOD CITY SECRETARY
e
No.5554 P.8
'-.
CHARTER
~ 4.01
Sec. 3.16.mvestigatioD by the city cOUDciL
The council may make investigations into the affairs of the city and the conduct of any city
department, divisi~ or office and for this purpose may subpoena witnesses, administer oaths,
take testimony and ~quire the production of evidence. Any persOIl who fails or refuses to obey
a lawful order issued in the exercise of these powers by the council shall be guilty of a
misdemeanor and subject to a :fine which shall have been set, by ordinance, by the council
Sec. 3.17. Officers and employees protected from financial loss.
. .
Duly elected and appointed officers, and employees, shall be protected by the city from
personal financial loss resulting from decisions made while in acting in their capacities as city
officers or, as to employees, within the course and scope of their employment.
COrd. No. 214, ~ 1, 3-4-74, election 4-8-74; Res" No.. R2002-10, * 7, 2-18--02, election 5-4-(2)
ARTICLE N ADMINISTRATIVE SERVICES
Sec. 4.01. City manager.
(a) Appoin~nt an.d qualifkations: The council by majority vote of entire council shall
appoint a city manager. The method of se1ectiOli shall be left to the discretion of the city council
so long as the method insures orderly, no~partisan action toward securing a competent and
qualified person to fill the position. The city manager shall be chosen solely upon the basis of
hislher executive and a01'l'loinisttative training, experience and ability and need not when
appointed be a resident of the City ofFriendswood.j however, during the tenure ofbislher office
he shall reside within the' city. The city IJianager shall be bonded at city expense in an amount
of not less than $10,000.00.
__-=-=-_-~ _ :-. ... .' (.b) ,Com.pe~a.~~ The 'E!~_~~~ shall receive}~~~J?~ati.on _ as-m.ay~ be ~ec!'-by the
council acCOX'ding to hislher experience, education and training. The compensation should be
agreed upon before appointment with the understanding that the council may ch~ge it at.
their discretion..
(c) 7erm and removal: The city manager shall not be appointed for a definite term but may
be removed at the discretion of the council, by vote.ofthe m~ority of the entire coUncil. The
action of the council in suspending or removing the city manager shall be final. It is the
intention of this Charter to vest all authority and :fix all responsibilities of such suspension or
removal in the council..
(d) Powers and duties: The city manager shall be responsible to the council for the proper
administration of all the affairs of the city and to that end shall have the power and be required
to:
(1) See that all state laws and city ordinances are effectively enforced"
(2) Appoint, suspend or remove all or any one of the directors of departments with the
concurrence of the council.
Supp. No~ 7
CHT:15
Admttistrative Services
281-476-8711
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CI'TY OF DEER'PARK
p. 1
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Fax Number: .:/11-- L/16-- '7 ts 0
Voice Number:
Sent By: AdminlstrBtlves ServIces
Company: City of Deer Park
Fax Number: 281-476-9711
'''''olee 'Number- 281-478-7250 - David
WI . 281-478-7251 _ Joyce
Date:
TIme:
Tolal No. Pages:
Subject:
Message:
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POSITION DESCRIPTION
'j) W--
Class Title: City Manager
Department:
Division:
Date:
Job Code Nwnber:
Grade Number:
Union:
Location:
GENERAL PURPOSE
Performs high level administrative, technical and professional work
in directing and supervising the administration of city government.
SUPERVISION RECEIVED:
Works under the broad policy guidance of the City Council.
SUPERVISION EXERCISED
Exercises supervision Over all municipai employees either directly
or through subordinate supervisors.
ESSENTIAL DUTIES AND ~ESPONSIBILITIES
Manages and supervises all departments, agencies and offices of the
city to achieve goals within ayailable resources; plans and
organizes workloads and staff assignments; trains, motivates and
evaluates assigned staff; reviews progress and directs changes as
needed.
Provides leadership and direction in the development of short and
long range plans: gathers, interprets, and prepares data for
studies, reports and recommendations; coordinates department
activities with other departments and agencies as needed.
Provides professional advice to the city Council and department
heads; makes presentations to councils, boards, commissions, civic
g~oups and. the general pUblic. "
Communicates official plans, policies and procedures to staff and
the general public.
Assures that assigned areas,of responsibility are performed within
budget; perfor.ms cost control activities; monitors revenues and
expendi.tures in assigned area to assure sound fiscal control;
prepares annual budget requests; assures effective and efficient
use of budgeted funds, personnel, materials, facilities, and time.
Determines work proced~res, prepares work schedules, and expedites
workflow; studies and standardizes procedures to improve efficiency
and effectiveness of operations.
Issues written and oral 'instructions; assigns duties and examines
work for exactness, neatness, and conformance to policies and
procedures.
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Maintains harmony among workers and resolves grievances;
. Performs or assists subordinates in performing duties; adj usts
errors and complaints.
Prepares a variety of studies, reports and related information for
decision-making purposes.
Appoints and removes all department heads, officers, and employees
of the city, except members of the council.
Sees that all laws and ordinances are faithfully performed.
Prepares and submits a preliminary annual City budget. Administers
the adopted .budget of the City.
Advises the City Council of financial conditions and current and
future city needs.
Attends all meetings of the Council at which attendance may be
required by the Council.
PERIPHERAL DUTIES
Recommends for adoption by the council such measures as manager may
deem necessary or expedient.
Prepares and submits to the council such reports as may be required
by that body or as manager may deem it advisable to submit.
May serve as the head of one or more departments of city
government.
DESIREb MINIMUM QUALIFICATIONS
Education and Experience:
(A) Graduation from an accredited four-year college or
un~versity .with a degree in public administration, political
science, business management of a closely related field, and five
(5) year of experience as a municipal a~inistrator.
Necessary Knowledge, Skills and Abilities:
(A) Considerable knowiedge of modern policies and practices of
public administration; working knowle9ge of municipal finance,
human resources, public works, public safety, and community
development;
(B) Skill in preparing and administering municipal budgets;
skill in planning, directing and administering municipal programs;
skill in operating the listed tools and equipment;
(C) Ability to prepare and analyze comprehensive reports;
ability to carry out assigned.projects to their completion; ability
to .communicate effectively verbally and in writing; ability to
~bt ~S 02 05:31p
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establish and maintain effective working relationships with
employees, city officials and the public; ability to efficiently
and effectively administer a municipal government.
SPECIAL REQUIREMENTS
Must be bondable.
TOOLS AND EQUIPMENT USED
Requires frequent use of personal computer, including word
processing and spreadsheet programs; calculator, telephone, copy
machine and fax machine.
PHYSICAL DEMANDS
The physical demands described here are representative of those
that must be met by an employee to successfully perform the
essential functions of this job. Reasonable accommodations may be
made to enable individua~s with disabilities to perform the
essential functions.
\
While performing the duties of this job, the employee is frequently
required to sit and talk or hear. The employee is occasionally
required to walk; use hands to finger, handle, or feel objects,
tools, or 'controls; and reach with hands and arms.
The employee must occasionally lift and/or move up to 10 pounds.
Specific yision abilities required by this job include close vision
and the ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are
representative of those an employee encounters while performing the
essential functions of this job. Reasonable accommodations may be
made to enable individuals with disabilities to perform the
essential functions. '
The noise level in the work environment is usually moderately
quiet.
SELECTION GUIDELINES
Formal application, rating of -education and experience; oral
interview and reference check; job related tests m~y be required.
The duties listed above are intended only as illustrations of the
various types of work that may be performed. The omission of
specific statements of duties does not exclude them from the
position if the work is similar; related or a logical assignment to
the position.
~Oct~9 02 05:31p
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The job description does not constitute an employment agreement
between the employer and employee and is subject to change by the
employer as the needs of the employer and requirements of the job
change.
~ct 29 02 05:31p
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'"--",,
'-'
--
.' CHARTER.:
i 5.01
(D) ,Limitation on recall. No recall petition shall be filed against an officer within six (6)
months after beginning a term of office, either as a newly.elected officer or as an incumbent.
No officer shall be subjected to more than one recall election during each term of office.
(Ord. No. 16BO, fi 2, 11.15-B3)
Section 4.10. Notice.
The city secretary shall cause to have published any proposed initiative ordinance or any
referred ordinance or notice of any recall election at least once in the official newspaper of the
City of Deer Park at least fifteen (15) days before the election to approve or disapprove any.
such ordinance or to recall any officer, and to provide other notices of said election as provided
for in the Texas Election Code.
(Ord. No. 1680, ~ 2, 11-15-88)
Section 4.11. Failure of councll to call an election.
In case all the requirements of this Charter shall have been met and the council shall fail
or refuse to receive the recall Petition, or order BUch recall election, or discharge any other
duties imposed upon said council by the provisions of this Charter With reference to such
recall, then it shall be the duty of the county judge of Harris County, Texas, to order such
election under the terms of this Charter.
" . ARTICLE V. ADMINISTRATIVE SERVICES
. '\t. Secllon 5.01. The city menager.
The mayor shall appoi.~t the city manager With approval by the council as set forth in
Article II of this Charter. The mana'ger shall be the chief administrative or executive officer
of the city and shall be responsible to the council for the administration of all the affairs of the
city under his jurisdiction. He shall be selected solely Qn the basis of his executive and ad-
ministrative training, experience and ability, and shall have knowledge of municipBl ac-
counting and shall have had at le~t three (3) years experience in budgeting, accounting, and
financial control; he need not;when appointed, be a resident of the City of Deer Park; however,
during the tenure of his office, he shall reside within the city.
(A) Term and salary. The manager shall not be appointed for a definite tenn, but may be
reII;1oved or suspended at the will an~ pleasure of the council by the vote of a majority
of all councilmembers qtialified and serving. However, it is hereby provided, should
the council wish to remove or suspend the manager, that at least thirty (30) 'days prior
to the date such action shall become effective, the council shall adopt a preliminary
motion stating only that an action of the council to remove or to suspend the manager
. is contemplated. The action of the council in suspending or removing the manager
shall be final. it being the intention of this Charter to vest all authority and ("IX all
responsibility of such suspension or removal in the council and no other provision of
this Charter shall be in conflict herewith. In case of the absence or disability of the
23
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~'5.01
DEER PARK CODE
_..'..../manager, he shall designate some qualified person to perform the duties of the office .
,,/- during such absence or disability, and shall advise the council in writing the name of
"
{ the person so designated. The manager shall receive compensation as may be fixed by
\. the council.
\
\ (B)
\
.~
Powers and dunes. The manager shall be responsible to the council for the proper
administration of all the affairs of the city. The powers herein conferred upon the
manager shall include, but shall not be limited by. the following:
!
,/ (1) To devote all of his working time and attention to the affairs of the city. and be
/ ' responsible to the council for the efficient administration of its affairs.
(2) To attend all meetings of the council with the right to take part in the discussion.
but having no vote; and he shall be notified of all. special meetings of the council.
(3) To appoint. and when necessary for the welfare of the city. remove any employee
of the city. eXcept as otherwise provided by this Charter. He shall serve as per-
sonnel director, and perform all such duties as may be prescribed by ordinance(s}
describing the powers and duties of personnel director.
(4) To recommend to the council the salaries to be paid each appointive officer and
subordinate e~ployee of the city. .
(5) To review and consolidate the arolUa! budget as prepared by the department
heads and submit his recommendations concerning such budget to the council
and be responsible for its adminiJ::tration after adoption.
(I;>>) To submit t6 the council the monthly statements prepared by the director of
finance.
(7) To prepare and submit to the council as o~ 'the end of the fiscal year a complete
report on the finances and administrative activities of the city for the preceding
year.
(8) To keep the counclfadvised of the financial condition and future needs of the city
and make such recommendations as may seem desirable.
(9) To see that all terms and conditions impose,d in favor of the city and its inhab-
itants in any public utility franchise are faithfully kept and perfonned, and upon
knowledge ot any violation thereof to call the ~e to the attention of the council.
(10) To perform. such duties as may be pres~ed by this Charter or may be required
of him by the council not inconsistent with this Charter.
(Ord. No. 1580, Am'd Nos. 14(2). 15, 12-8-81; Ord. No. 1680. fi 2. 11-15.83)
'~
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Section 5.02. Administrative departments.
There shall be such administrative departments as are established by this Charter and as
may be established by ordinance, all of which shall be unc:ter the control and direction of the
city manager. The council may, upon recomme~dation of the manager, abolish or combine one
or more departments created by it. and may ssBlgn or transfer duties of any depart~ents of the
city from one department to another by ordinance.
'-"
24
I,. '; ~4 .
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CITY OF BAYTOWN ..
I JULY 2002
e
JD# lOOOL-97
i
TITLE:
CITY MANAGER
DEPARTMENT:
ADMINISTRATION
SUPERVISOR:
CITY COUNCIL/MA YOR
JOB SUMMARY:
Serves as chief administrator for the City and is responsible to the City Council for the day-to-
day operations .of the City. Attendance is an essential function of this position. The City
reserves the right to require an employee to work overtime.
JOB SCOPE:
Supervisory and budgetary responsibilities.
PRINCIPAL DUTIES & RESPONSmILITIES:
OVERALL STkENGTH DEMANDS:
_ Sedentary X Light Medium _ Heavy _ Very Heavy
DUTIES
STR % TIME
1. Pr00des management . and administration of the City. Provides L 70
leadership to effectively prioritize issues, projects, strategic planning,
bud.e;et, and capital improvements.
2. Responds to citizen requests ,working effectively with diverse interests L 10
and opinions ,represented by community leaders, business interests, and
. active nei2hborhood groups.
3. Provides support to City Council in an open and participatory climate. L 10
Articulates City Council municipal policy positions to the media and
community grOUpS and citizens.
4. Works on special projects (Economic Development Foundation, L 5
BA W A, Chamber of Commerce, etc.);
5. Performs all other related duties as assigned by City Council. L 5
.,. . '.;
CITY MANAGER
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e. JD# lOOOL-97
PHYSICAL DEMAND
STANDING
SITTING
WALKING
LIFTING
CARRYING
HANDLING
FINE DEXTERITY
KNEELING
CROUCHING
CRAWLING
BENDING
.'
TWISTING
CLIMBING
BALANCING
VISION
HEARING
TALKING
FOOT CONTROLS
OTHER
1, 2, 3, 4, 5
CORRESPONDING DUTY
1,2,3,4,5
1, 2, 3, 4, 5
N/A
N/A
N/A
1,2,3,4,5
1, 2, 3, 4, 5
1,2,3,4,5
1, 2, 3, 4, 5
.1, 2, 3, 4, 5
N/A
1, 2, 3, 4, 5
N/A
1,2, 3, 4, 5
.1,2,3,4,5
1,2,3,4,5
1,2,3,4,5
1,2,3,4,5
-; ~
CITY MANAGER
e
e
JD# lOOOL-97
SKILLS. KNOWLEDGE. AND ABILITIES
Highly developed skills in management pertaining to executive leadership, planning, directing,
supervising, oral and written communications, public relations, and politics. Knowledge of
management principles; municipal operations; and county, State and Federal programs and
related laws. Must be a results oriented, collaborative and team oriented leader, with a strong
community focus especially in a highly diverse community. Ability to facilitate a shared
community vision and to. describe very complex developmental issues to a highly interested
citizenry/labor force. Ability to get along appropriately with co-workers and the public.
MACHINES. TOOLS. EQUIPMENT. AND WORK AIDES
Describe the tools and equipment involved in performing the functions of the job.
Telephone, computer, calculator, and motor vehicle.
PROTECTIVE EQIDPMENT REOUIRED
Hardhat when observing certain projects
ENVIRONMENTAL FACTORS
Extreme Temperature:
Caustic Substances:
Physical Hazards:
Respiratory Hazards:
SEASONAL
NONE
NONE
NONE
Humidity:
Noise:
Vibrations:
Other:
SEASONAL
NONE
NONE
NONE
EDUCATION. CERTIFICATION. & EXPERIENCE
REQUIRED:
1. Bachelor's degree in Public Administration, Business Administration, or related field from an
accredited college or university.
2. Seven to ten years of executive level experience administering a full service city of similar
size, complexity and cultural diversity.
3. Possess financial management, strategic planning, public relations, and conceptual
knowledge and experience.
4. Supervisory .experience.
5. Valid Texas driver's license with an acceptable driving record.
6. Must reside within City liinits upon appointment.
PREFERRED:
1. Graduate Degree from an accredited college or university.
2. Previous City Manager experience.
SIGNATURES
I have reviewed the above job description and I understand the responsibilities and the essential
functions
Employee
Date
Immediate Supervisor
: Date
.r~. . ~f
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Sec. 18. Appointment of city manager.
The council shall appoint an ,officer of the city who shall have the title of city manager and who
shall have the powers and perform the duties in this charter provided. No councilman shall
receive such appointment during the term for which he shall have been elected, nor within one
year after the expiration of his term.
Sec. 19. Removal of city manager.
The council shall appoint the city manager for an indefinite term and may remove him by a
majority vote of its members. At least thirty days before such removal shall become effective,
the council shall by a majority vote of its members adopt a preliminary resolution stating the
reasons for his removal. The manager may reply in writing and may request a public hearing,
which shall be held not earlier than twenty days nor later than thirty days after the filing of such
request. After such public hearing, if one be requested, and after full consideration, the council
by majority vote of its members may adopt a final resolution of removal.
Sec. 20. Council not to interfere in appointments or removal.
Neither the council nor any of its members shall direct the appointment of any person to, or his
removal from office, by the'city manager or by any of his subordinates; provided, however, that
the appointment of department heads shall be subject to the approval of the council. Except for
the purpose of inquiry the council and its members shall deal with the administrative service
solely through the city manager and neither the council nor any member thereof shall give orders
to any subordinates of the manager, either ~ublicly or privately.
Sec. 21. Right of the city manager and other officers in council.
The city manager, the heads of all departments, and such other officers of the city as may be
designated by vote. of the council, shall be entitied to seats in the council, but shall have no vote
therein. The city manager shall have the right to take part in the discussion of all matters coming
before the council, and the directors and other officers shall be entitled to take part in all
discussions of the council relating to their respective offices, departments or agencies.
ARTICLE III. THE CITY MANAGER
Sec. 32. The city manager; qualifications.
The city manager shall be chosen by the council solely on the basis of his executive and
administrative qualifications with special reference to his actual experience in, or his knowledge
of, accepted practice in respect to the duties of his office as hereinafter set forth. At the time of
his appointment, he need not be a resident of the city'or state, but during his tenure of office he
shall reside within the city. '
Sec. 33. The city manager; power and duties.
The city manager shall be the chief executive officer and the head of the administrative branch of
the city government. He shall be responsjble to the council for the proper administration of all
affairs of the city 'and to that end, he shall have power and shall be required to:
(1) Appoint and, when necessary for the good of the seTvice, remove all officers and
employees of the city except as otherwise provided by this charter and except as he may
authorize the head of a department to appoint and remove subordinates in such department.
<^." ~t~~.'
-
e
(2) Prepare the budget annually and submit it to the council and be responsible for its
administration after adoption. .
(3) Prepare and submit to the council as of the end of the fiscal year a complete report on the
finances and administrative activities of the city for the preceding year.
(4) Keep the council advised of the financial condition and future needs of the city and make
such recommendations as may seem to him desirable.
(5) Perform such other duties as may be prescribed by this charter or required of him by the
council, not inconsistent with this charter.
Sec. 34. Absence of city manager.
To perform his duties during his temporary absence or disability, the manager may designate by
letter filed with the city clerk a qualified administrative officer of the city. In the event of failure
or the manager to make such designation, the council may by resolution appoint an officer of the
city to perform the duties of the manager until he shall return or his disability shall cease.
Sec. 35. Directors of departments.
At the head of each administrative department there shall be a director, who shall be an officer of
"the city and shall have supervision and control of the department subject to the city manager.
Two or more departments may be headed by the same individual, the manager may head one or
more departments, and directors of departments may also serve as chiefs of divisions.
Sec. 36. Departmental divisions.
The work of each administrative department may be distributed among such divisions thereof as
may be established by ordinance upon the recoIm;I1endation of the manager. Pending the passage
of an ordinance or ordinances distributing the work of departments under the supervision and
control of the manager among specific divisions thereof, the manager may establish temporary
divisions.
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SAMPLE EMPLOYMENT AGREEMENT
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TEXAS C][TY MANAGEMENT ASSOCIATION
EMPLOYMENT AGREEMENT
TASK FORCE
., JUNE, 2000
REPORT
Page 1 of 29
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TCMAE~LOYMENTAGREEMENT
TASK FORCE REPORT
TABLE OF CONTENTS
I. February 19, 1999 Memorandum
regarding task force directive
II. Response of task force to
specific questions in 2/19/99
memorandum
III. Position statement regarding
Employment Agreements
IV. Draft agreement for Professional
Services and Employment as City Manager
v. Draft agreement-related options for consideration
by interested Councils and Managers
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TASK FORCE RESPONSE TO TCMA QUESTIONS
1. In what ways should TCMA help its members with the matter of
employment agreements? Response: TCMA should develop an agreement
for Texas City Councils and Texas City Managers to use as a basis from
which to establish a successful working professional relationship.
2. What should be the role of TCMA in the matter of employment
agreements? Response: TCMA should accept the role of the "authority" on
Texas city management employment agreements, by developing an
agreement with various options that City Councils may consider.
Additionally, TCMA should take an active part in educating City Councils
and City Managers of Texas concerning the subject of employment
agreements including the trends within the profession and the value of an
agreement to the community.
3. To what extent should TCMA become involved in the matter of
employment agreements? Response: TCMA should develop and continually
enhance a Texas city management agreement with options for consideration
by City Councils and City Managers. TCMA should make this agreement
available upon request to Texas cities and city managers. TCMA should
also sponsor educational sessions at Texas Municipal League (TML)
conferences to acquaint attendees with the concept, details, and benefits of
the agreement.
4. Should TCMA develop a position statement regarding the matter of
employment agreements? Response: Yes. It is important that members and
other interested parties know where the association stands on this important
matter.
5. Should a model employment agreement reflective of Texas laws be
developed and promoted? Response: Yes.
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TEXAS CITY MANAGEMENT ASSOCIATION
POSITION STATEMENT REGARDING
EMPLOYMENT AGREEMENTS
The Texas City Management Association (TCMA) believes that employment agreements
negotiated between City Councils and City Managers are mutually beneficial to the city
organization, the community, and the City Manager.
TCMA believes appropriately-structured employment agreements strengthen the
Council-Manager relationship by enhancing the excellence and continuity of the
management of the city for the benefit of all its citizens.
Regarding the matter of employment agreements, TCMA encourages its members to
thoughtfully consider these guidelines:
. be consistent with both the letter and spirit of State law and, to the extent applicable,
the city's charter and personnel policies;
. uphold the principle of "serving at the pleasure of the council";
. clearly define and incorporate into the agreement the benefits to the community and
organization; and
. address the protection of the City Manager and family through provisions which are
reasonable in nature and scope when compared to professional practices and
local/regional market conditions and, appropriately funded within the city's budget.
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AGREEMENT FOR PROFESSIONAL SERVICES
AND EMPLOYMENT AS CITY MANAGER
This Agreement for Professional Services and Employment as City Manager (this
"Agreement"), is made and entered into. effective as of this the day of
20_, by and between the City of
, Texas, a municipal corporation (the "City"), and
, (the "Manager"), to establish and set forth. the terms and
conditions of the employment of the Manager as the City Manager of the City.
WIT N E SSE T H:
WHEREAS, the City Council of the City (the "Council") City Manager believe that
employment agreements negotiated between City Councils and City Managers can be
mutually beneficial to the city organization, the City Manager, and the community they
serve;
WHEREAS, when appropriately structured, the City Council and City Manager believe
employment agreements can strengthen the Council-Manager relationship by enhancing
the excellence and continuity of the management of the city for the benefit of its citizens;
WHEREAS, the City Council and City Manager believe it is important to thoughtfully
consider guidelines that will be consistent with both the letter and the spirit of State law,
and to the extent applicable, the city's charter and personnel policies, that will uphold the
principle of "serving at the pleasure of the Council," that will clearly defme and
incorporate the benefits to the community and organization, and that will address the
protection of the Manager and family through provisions that are reasonable in nature and
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scope when compared to professional practices and local/regional market conditions and
appropriately funded within the city's budget;
WHEREAS, the City desires to employ the services of the Manager as the City Manager
of the City, pursuant to the terms, conditions and provisions of this Agreement;
WHEREAS, it is the desire of the Council, to provide compensation and benefits,
establish conditions of employment for, and to set the working conditions of, the
Manager as provided in this Agreement;
WHEREAS, the Council desires to secure and retain the services of the Manager, to
provide inducements for the Manager to accept employment as the City Manager of the
City and to remain in such employment, to encourage full work productivity by assuring
the Manager's morale and peace of mind with respect to future security, and to provide a
proper means for termination, resignation, or retirement of the Manager;
WHEREAS, except as otherwise specifically provided herein, the Manager shall have
and be eligible for the same benefits as are provided to all non-Civil Service employees
of the City; and
WHEREAS, the Manager has agreed to accept employment as the City Manager of the
City, subject to and on the terms, conditions, and provisions agreed to and set forth in this
Agreement;
NOW, THEREFORE, in consideration of Manager accepting employment with the City,
and other good and valuable consideration, including the mutual covenants herein
contained, the City and the Manager hereby contract, covenant, and agree as follows:
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Section 1. Duties. The Council hereby employs the Manager as the chief administrative
officer of the City to perform the duties and functions specified in (insert
ordinance or charter reference), this Agreement, and as the Council shall, from time to
time, assign to the Manager consistent with the intent of this Agreement.
The Manager shall report for work, and the duties and employment of the Manager shall
commence on the day of ,20_ (the "Commencement
Date").
Section 2. Term. The term of this Agreement shall be indefinite and this Agreement
shall be and remain in full force and effect until terminated by the Manager or the
Council as herein provided (the "Term").
The Manager shall serve at the pleasure of the Council and nothing in this Agreement
shall prevent, limit or otherwise interfere with the right of the Council, or the Manager, to
terminate the services of the Manager at any time, subject only to applicable provisions
of the city charter, city personnel policies, and the provisions set forth hereinafter in the
section titled "Termination."
Section 3. Salary. City agrees to pay the Manager an annual base salary, which salary
shall initially be $ , payable in installments at the same time as other
employees of the City are paid.
City further agrees to review the base salary and other benefits of the Manager at least
annually.
Section 4. Deferred Compensation. City agrees to pay the Manager annual deferred
compensation in an amount equal to _ % of base salary. The deferred compensation
shall be paid monthly to the qualified deferred compensation fund or funds designated by
the Manager.
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Section 5. Disability and Retirement Benefits. The Manager shall be covered and
governed by the same retirement system as are all other employees. Retirement
contributions shall be paid as required by the retirement system's plan documents.
If the Manager retires pursuant to a qualified retirement plan or is permanently disabled
during the Term, the Manager shall be compensated for all sick leave, vacation leave,
holidays, and other benefits then accrued or credited to the Manager, and, at the
Manager's option, shall be permitted to continue to participate in the City's health
insurance plan on the same basis as other retirees from the City are permitted to do so, or,
if such other retirees are not permitted to do so, at the cost of the Manager.
Section 6. Insurance and Annual Physical.
A. Health Insurance. The Manager shall be covered by the same health, dental,
and vision plans as all other employees, or such plans that are available through
City and selected by the Manager, except that the City shall pay the employee
share of premiums for the Manager and the Manager's dependents. The
coverage shall be in full force and effect immediately upon the Commencement
Date, including no waiting period for pre-existing conditions. The City further
agrees to coordinate its insurance plan with the Manager's current insurance
plan and coverage, with the intent that no exclusion, hiatus or break in
coverage in health, disability or life insurance coverage occurs for the Manager
and the Manager's dependents. The City also agrees to reimburse Manager up
to $500 annually toward the cost of a physical examination of the Manager by
a qualified physician selected by the Manager.
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B. Life Insurance. The City agrees to purchase and pay the required premiums
for a life insurance policy for the Manager, providing coverage in an amount
equal to a multiple of the Manager's base salary. The multiple, type of policy,
and policy terms will be pursuant to the same policies and conditions as are
available to the other employees of the City. The Manager shall designate the
beneficiary of such policy.
C. Disability Insurance. The City agrees to put into force for the Manager, and
to make the required premium payments for, an insurance policy providing 24
hour coverage for occupational disability as well as total and permanent
disability income benefits, with no expiration. The policy will provide 75%
income replacement for short-term coverage from the expiration of any accrued
sick leave until long-term coverage begins, and 60% income replacement for
long-term coverage. The policy shall be noncancellable and be guaranteed
renewable, with cost of living provisions included.
Section 7. Automobile. The Manager's duties require the Manager to have the
exclusive and unrestricted use, at all times during the Manager's employment with City,
of a fully equipped (including phone), automobile provided to the Manager by the City.
The City shall be responsible for paying for liability, property damage, and
comprehensive insurance and for the purchase, operations (includes fuel), maintenance,
repair, and regular replacement of the automobile.
Section 8. Leave Benefits. All provisions of the rules and regulations of the City
applicable to fringe benefits, leave and working conditions as they now exist or hereafter
may be amended, shall also apply to the Manager as they apply to all other employees of
the City, in addition to the benefits enumerated specifically for the benefit of the Manager
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herein; provided that vacation, sick leave, and all other benefits which vary according to
tenure shall be calculated and granted to the Manager in accordance with the City's
regulations using an equivalent original employment date of the Manager with the City as
_,20_.
Additionally, to offset leave being lost or used by Manager as a result of employment
transition, on the Commencement Date the Manager will be credited with days of
vacation leave and days of sick leave.
The Manager may retain and carry forward two years accrual of vacation and sick leave,
and shall be entitled to five days paid leave each year for teaching, speaking, and writing
related to the profession and which brings credit to the city.
Section 9. Professional and Civic Development. The City agrees to budget and pay for
the civic and professional membership dues and subscriptions of Manager necessary for
the Manager's continuation and participation in national, regional, state, and local
associations necessary and desirable for the Manager's continued professional
participation, growth and advancement, and for the good of the City. Developing and
maintaining professional association contacts and standing provide the City access to
valuable resources, and the reasonable participation and related travel by Manager as
provided for in the annual budget will be a part of the Manager's duties.
Section 10. Business Expenses. Certain expenses ofa non-personal and job-related
nature will necessarily be incurred by the Manager in the performance of the Manager's
duties. The City will payor reimburse such business expenses, and the Finance Director
is authorized to disburse such monies upon receipt of duly executed expense or petty cash
vouchers, receipts, statements or personal affidavits. The City will also pay the full cost
of any bond, if any is required by the City to be made by the Manager.
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Section 11. Relocation Expenses. The Manager will establish residence within the
City's corporate boundaries within months of the Commencement Date, and will
thereafter maintain a residence within the City during the term of this Agreement.
A. Moving. The City will reimburse, or pay directly, for the expenses of moving
the Manager, the Manager's family, and the Manager's personal property from
the Manager's current residence to the City. The moving expenses will include
packing, moving, storage costs, unpacking, and insurance charges. The
moving expenses shall be reimbursed after actual invoices are presented and
shall not exceed $
B. Related Travel. The City shall reimburse the Manager for actual lodging and
meal expenses for the Manager and the Manager's family in route from the
Manager's current residence to the City; and for up to two round trips by air or
automobile, together with related lodging and meal expenses, incurred by the
Manager and/or the Manager's family to assist with house hunting or other
facets of the relocation; and the City shall pay an interim housing supplement
of $_ per month, beginning on the Commencement Date and continuing for
a maximum of _ months or until the Manager purchases or leases a home
within the City.
Section 12. Indemnification. To the fullest extent permitted by law, City shall defend,
save harmless and indemnify Manager against any tort, professional liability claim or
demand or other legal action, whether groundless or otherwise, arising out of an alleged
act or omission occurring in the performance of Manager's duties, and shall obtain and
keep in full force and effect liability insurance, or risk pool coverage, including errors
and omissions coverage on a "per occurrence" basis, in sufficient amounts to assure
accomplishment of such hold harmless and indemnification; provided that this section
shall not be construed as creating any right, cause of action, or claim of waiver or
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estoppel for or on behalf of any third party, nor shall it be construed as a waiver or
modification of the availability of the defense of governmental immunity or any other
legal defense available to either City or the Manager as to any third party; and provided
further that City shall not indemnify and hold harmless the Manager from and with
respect to any claim or liability for which the conduct of the Manager is found by the
courts to have been grossly negligent or intentional wrongful conduct.
City will compromise and settle any such claim or suit and pay the amount of any
settlement or judgment rendered thereon. This indemnification shall extend beyond and
survive the termination of employment and the expiration of this Agreement.
Section 13. Hours of Work. It is recognized that the Manager is expected to engage in
the hours of work that are necessary to fulfill the obligations of the position, must be
available at all times, and must devote a great deal of time outside the normal office
hours to the business of the City.
The Manager acknowledges the proper performance of the duties of the City Manager of
the City will require the Manager to generally observe normal business hours and will
also often require the performance of necessary services outside of normal business
hours.
The Manager agrees to devote such additional time as is necessary for the full and proper
performance of the Manager's duties and that the compensation herein provided includes
compensation for the performance of all such services.
However, the City intends that reasonable time off be permitted the Manager, such as is
customary for exempt employees so long as the time off does not interfere with the
normal conduct of the office of the City Manager.
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The Manager will devote full time and effort to the performance of the duties of the City
Manager of the City, and shall remain in the exclusive employ of the City during the
Term of this Agreement; provided that, with the prior consent of the Council, the
Manager may accept temporary, outside professional employment which will not in
anyway limit the performance of, or the Manager's availability for the performance of,
the Manager's duties hereunder. The term "outside professional employment" shall be
construed to include occasional teaching, writing or consulting performed on the
Manager's time off.
Section 14. Termination and Severance Pay.
A. Termination. In the event Manager is terminated by the Council during the
Term of this Agreement and Manager is then willing and able to perform all
the duties of the City Manager under this Agreement, then, in that event, the
City agrees to pay the Manager a lump sum cash payment equal to
months full salary and benefits, plus the value of all sick and vacation leave,
holidays and other benefits accrued by, or credited to, the Manager prior to the
termination; provided that, if the Manager is terminated because of a
conviction for a misdemeanor involving moral turpitude or personal gain, or
any felony, then, in that event, the City shall have no obligation to pay the
severance payments designated in this Section.
B. Reductions. In the event the Council during the Term of this Agreement
reduces the authority of the Manager, or reduces the salary or other financial
benefits of Manager in a greater percentage than an applicable across-the-board
reduction for all employees of the City, or in the event the City refuses,
following written notice, to comply with any other provision benefiting the
Manager herein, or the Manager resigns following a suggestion, whether
formal or informal, by the Council that the Manager resign, then in that event,
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the Manager may, at the Manager's option, be deemed to have been terminated
as 9f the date of such reduction, or as of the date the Manager resigns at the
Council's suggestion; provided that, notice having first been given, the
suspension of the Manager with pay pending the resolution of any criminal
charge filed againstthe Manager shall not constitute a termination, or a
reduction under this Section. The Council shall be deemed to have suggested
the resignation of the Manager at any time when a majority of the members of
the Council shall at a Council meeting, or in writing, suggest that the Manager
reSIgn.
C. Resignation. If the Manager terminates this Agreement by voluntary
resignation of the position of City Manager, the Manager shall give 30 days
notice in advance unless the Council agrees otherwise.
Section 15. Notices. All notices, demands, and other writings may be delivered by
either party hereto to the other by United States Mail, or by a reliable commercial courier
at the following address:
(1) City:
(2) Manager:
Alternatively, notices required pursuant to this Agreement may be personally served in
the same manner as is applicable to civil judicial practice. Notice shall be deemed given
as of the date of personal service, or three (3) days after the date the notice is deposited in
the United States Mail or with a commercial courier.
Section 16. Conflict of Interest Prohibition. The Manager shall not, during the Term
of this Agreement, individually, as a partner, joint venture, officer or shareholder, invest
or participate in any business venture conducting business in the corporate limits of the
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City, except for stock ownership in a company whose capital stock is publicly held and
regularly traded on any stock exchange, without the prior written approval of the Council.
For and during the Term of the Agreement, the Manager shall, except for a personal
residence or residential property acquired or held for future use as the Manager's
personal residence, not invest in any other real estate or property improvements within
the City, without the prior written consent of the Council.
Section 17. Appropriations. The Council has appropriated, set aside and encumbered,
and does hereby appropriate, set aside, and encumber, available and unappropriated funds
of the City in an amount sufficient to fund and pay all financial obligations of the City
pursuant to this Agreement, including, but not limited to, the severance pay, salary and
benefits set forth and described herein.
Section 18. General Provisions.
A. Section headings. All section headings contained herein are for the
convenience of reference only and are not intended to defme or limit the scope
of any provision of this Agreement.
B. Governing Law. This Agreement shall be construed in accordance with, and
governed by, the laws of the State of Texas. Venue shall lie exclusively in
County, Texas.
C. Severability. In the event anyone or more of the sections, provisions or
clauses contained herein shall for any reason be held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality or unenforceability
shall not affect any other provision of this Agreement, but this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had not been
contained herein.
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D. Entire Agreement. This Agreement incorporates all the agreements,
covenants and understandings between the City and the Manager concerning
the subject matter hereof, and all such covenants, agreements and
understandings have been merged into this written Agreement. No other prior
agreements or understandings, verbal or otherwise, of the parties or their agents
shall be valid or enforceable unless embodied in this Agreement.
E. Amendment. This Agreement shall not be modified or amended except by a
written instrument executed by the Manager and the duly authorized
representative of the Council.
F. Effective Date. This Agreement shall be and become in full force and effect as
of the date above first written upon the adoption and approval of the Council,
and the execution and delivery hereof by the authorized officer of the City and
the Manager.
G. Counterparts. This Agreement may be executed in duplicate original
counterparts, each of which when so executed shall be deemed to be an
original, and such counterparts shall together constitute but one in the same
instrument.
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IN WITNESS WHEREOF, the City and the Manager have executed this Agreement
effective as of the date first written above.
CITY OF
Mayor
ATTEST:
City Secretary
(City Seal)
APPROVED AS TO FORM:
City Attorney
AGREED AND ACCEPTED this the
day of
,20_.
City Manager
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EMPLOYMENT AGREEMENT:
OPTIONS FOR CONSIDERATION
In addition to the suggested base agreement, TCMA recognizes that some
city councils and city managers may wish to consider other options.
The following list of options is provided to give interested city councils and
city managers with not only examples of ideas but, sample wording for
agreement-related activities that are taking place throughout the state and
profession.
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1. VEHICLE
Discussion. Rather than provide a vehicle to the Manager, some cities may wish to lease
a vehicle or provide a vehicle allowance.
Sample
"Monthly Vehicle Allowance. The Manager's duties require exclusive and unrestricted
use of a vehicle. The City agrees to pay to the Manager, during the term of this
Agreement and in addition to other salary and benefits herein provided, the sum of
per year, payable monthly, as a vehicle allowance. The Manager shall
acquire and maintain a vehicle during the term of this Agreement, which shall be
available for the Manager's exclusive and unrestricted use in the performance of his /her
duties hereunder. The Manager shall be responsible for paying for liability, property
damage, and comprehensive insurance coverage upon such vehicle and shall further be
responsible for all expenses attendant to the purchase, operation, maintenance, repair, and
regular replacement of said vehicle."
"Lease Vehicle. A new, leased, American-manufactured automobile comparable to a
full-sized Chevrolet, Oldsmobile, Ford or Buick, provided by the City every two years,
for reasonable personal and City business use, including gas, oil, and maintenance.
Liability insurance shall be furnished under City and/or lessor's policies covering
business and personal use by the Manager and dependents."
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2. RELOCATION EXPENSES
Discussion. Due to the nature of some relocation situations and in order to complete
negotiations in recruitment of a new city manager, the City may need to consider
reimbursing the Manager for extra expenses related to the Manager's relocation to the
city.
Sample
"It shall be a condition of employment that the Manager shall within 180 days of the
execution of this Agreement move and thereafter maintain a permanent residence within
the city limits. It is understood that this condition shall cause the incurrence of additional
expenses and therefore, the City agrees to reimburse the Manager for the following costs:
(I) actual reasonable costs of moving and/or storage of household goods and furniture to
the City; (2) all closing costs normally charged to the seller associated with the sale of the
Manager's current residence including the reasonable real estate broker's commission;
(3) all closing costs normally charged to the buyer associated with the sale of the
Manager's new residence including the reasonable real estate broker's commission; (4)
all reasonable costs of transition housing should the Manager be unable to move directly
from one residence to the other. Any profit or loss on the sale of the Manager's current
residence shall be the responsibility of the Manager."
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3. SOCIAL SECURITY REIMBURSEMENT
Discussion. Some cities do not contribute to Social Security. In the recruitment process,
the City that does contribute to Social Security may find itself in a position to "make up
the difference" in the net pay to Manager.
Sample
"For and during the term of this Agreement, the City agrees to reimburse the Manager for
the Manager's required _% employee contribution of the base salary and benefits to
the Social Security Administration."
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4. TEXAS MUNICIPAL RETIREMENT SYSTEM REIMBURSEMENT
Discussion. In"some instances, either as a benefit or as a recruitment tool when
considering a Manager from another state, the City may wish to consider reimbursement
to the Manager for Texas retirement contribution requirements.
Sample
"For and during the term of this Agreement, the City agrees to reimburse the Manager for
the Manager's required _% employee contribution of the base salary and benefits to
the Texas Municipal Retirement System retirement fund."
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5. TECHNOLOGY ITEMS
Discussion. Although these may not be considered a "benefit" to the Manager, they are a
benefit to the City. In addition to helping the Manager be more productive, such
technology improves communication between the Manager, the City, and others. Such
provisions outlined within the Agreement will document that such "city equipment" will
be located at the Manager's home, so as not to' appear being done behind the scenes
which may cast a negative light upon the City or the Manager. It should also be
specified, for the Manager and City's protection, that the Manager may have personal use
of such equipment so as not to require the Manager to have two sets of such items as a
computer and related equipment, fax machine, and cell phone.
Sample
"Recognizing the importance of constant communication and maximum productivity, the
City Manager shall be provided at City expense at Manager's residence, for both City and
personal use, an appropriate computer system, telephone connections, fax machine, and
Internet access."
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6. ACCRUED PAY
Discussion. At times a City may wish to provide a retention incentive (sometimes
referred to as "golden handcuffs") to encourage the Manager to remain in the community
and in the position of City Manager. This can be especially important if the Manager has
many successful accomplishments and received positive, notable attention beyond the
community.
Sample
"Accrued Pay. In addition to the foregoing Severance Pay, the Manager shall accrue
additional pay (Accrued Pay) for each month from October 1, 2_ through September
30,2_, or the Manager's termination date, whichever occurs first, in an amount equal
to the Manager's current annual salary during the monthly period multiplied by _ %.
Any uncompleted month shall be pro-rated on a daily basis. The Accrued Pay shall be
paid to the Manager within 30 days of the date of the Manager's termination by the City.
In the event the Manager's employment is not terminated prior to September 30, 2_,
then the Accrued Pay shall be paid to the Manager within 30 days as additional salary.
The Manager shall not be entitled to receive any of the Accrued Pay in the event the
Manager terminates employment with the City prior to September 30, 2_. The right of
the Manager to receive the Accrued Pay in a lump sum shall not be affected by the
Manager's re-employment."
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7. AUTOMATIC SALARY INCREASE
Discussion. In some communities, the City Council may not wish for the Manager's
annual salary increase consideration to be highlighted. In such instances, a City Council
may wish to consider implementing an automatic salary increase for the Manager. Such
automatic action can also help maintain the integrity of the City's pay plan by addressing
the compression issue in pay scales between the Manager and other pay levels. The City
Council can, of course, provide a large increase, or a smaller increase, by special action.
Sample
"In any year that the City's adopted annual operating budget contains a compensation
package for city employees, the Manager's base salary shall be increased by an amount
equal to the average increase approved by the City Council for the executive
classification of employees, unless otherwise directed by Council action. The effective
date of any salary increase for the Manager shall be the same as the effective date of
salary increases for all city employees."
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8. DUES TO COMMUNITY SERVICE CLUBS, COUNTRY CLUBS, HEALTH
CLUBS & OTHER SPECIAL MEMBERSHIPS.
Discussion. In some communities, it may be important to the City that the Manager
belongs to and attends functions at the local country club and/or certain civic groups.
Additionally, attendance at such activities may relate to the City's economic development
efforts and program. In that event, the City may wish to provide for such expenses.
Membership in a local health club may be in the nature of health and insurance benefits
for the Manager.
Sample
"Civic and Country Club Memberships. The City agrees to budget and pay for
civic club and/or country club membership dues for the Manager's participation in local
community events and activities, and for participation in functions at Country
Club. It is the desire of the City that the ~anager develop and maintain local business
association contacts, communication, and standing with such local clubs as a benefit to
City."
"Health Club Membership. As part of a wellness program for the Manager, and
along with the Manager's health benefits, the City agrees to budget and pay for an
individual membership for the Manager at health/fitness club."
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9. ESTABLISHMENT OF AN INTEREST & SINKING FUND
Discussion. Some cities may feel more comfortable with establishing an interest and
sinking fund for the provisions within the Manager's employment agreement. This may
be done by ordinance.
Sample
"During each year while there is any liability by reason of the terms and provisions of the
City Manager's Employment Agreement, including the fiscal year in which the
Agreement is fust approved and executed, the City Council shall compute and ascertain
the rate and amount of ad valorem tax, based upon the latest approved tax rolls of the
City, with full allowances being made for tax delinquencies and costs of tax collection,
which will be sufficient to raise and produce the money required to pay any sums which
become or may become due during any such year, in no instance to be less than _
percent (_ %) of such obligation, together with all interest thereon, because of the
obligation assumed and undertaken under the Agreement. Said rate and amount of ad
valorem tax is hereby ordered to be levied and is hereby levied against all taxable
property in the City for each year while any liability exists by reason of the obligation
undertaken by the Agreement, and said ad valorem tax shall be assessed and collected
each year until all of the obligations of the Agreement shall have been discharged and all
liability thereunder discharged."
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10. OTHER ITEMS .
City Councils and City Managers should continue to discuss and negotiate various
options that will be of benefit for their particular situations. Texas communities today, if
they are ~o be competitive, must recognize and support the concept that market conditions
change rapidly and. will vary according to the area of Texas. Texas communities should
feel free to consider whatever may work well within their organizations and
communities. For example, articles have recently been published regarding sabbaticals,
international travel exchanges, and various "flexible time" options.
Too, the initial year of the Council-Manager relationship is critical and unpredictable. It
may be valuable to consider an additional payment to the city manager if he/she is fIred at
any time during the initial year. To relocate a family, especially with children and, then
have the city council terminate that manager can create an unreasonable hardship.
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SALARY SURVEY INFORMATION FROM TEXAS
MUNICIPAL LEAGUE AND HOUSTON-GALVESTON AREA
COUNCIL
/
/'
~~.~.~.-.....-......
.
Texas Municipal League Salary Survey 2002
nformation Alphabetical By Position Title. Population Group and Municipality
Detailed Salary
Job Reports To At Municipality
City Counci
Council
City CounCil
Position Title At Municipality
City Manager
City Manager
City Manager
Equal
Equal
Greater
$12,917
$8,877
$7,500
$12,917
$8,877
$7,500
$12,917
$8,877
$7,500
91,802
88,400
88,000
Municipality
Richardson
San Allge.lo
Tyler
50,001 - 75,000
-
City Counci
Mayor and Counci
City Counci
City Council
CommissionlMayor
City Councii
Mayor & Counci
Mayor
City Manager
City Manager
City Manager
Town Manager
City Manager
City Manager
City Manager
City Manager
City Manager
City Manager
City Manager
City Manager
City Manager
Equal
~qual
Equal
Equal
Equal
$10,890
$9,166
$9,584
$11,769
$7,875
$8,083
$9,333
Equal
Equal
'Equal
Equal
Equal
Equal
$10,833
$8,312
$1.2,757
$10,417
$10,890
$9;166
$9,584
$11,769
$7,875
$8,083
$9,333
$10,833
$8,312
$12,757
$10,417
$10,890
$9,166
$9,584
$11,769
$7,875
$8,083
$9,333
$12,680
$8,453
$10,833
$8,312
$12,757
$10,417
$11,031
$8,917
$8,939
$7,186
1
1
1
1.
1
1
1
1
1
1
54,421
66,430
65,660
55,734
59,070
59,100
50,385
55,635
57,755
68,835
62,637
55,913
61,089
Allen
Baytown
Bryan"
Flower Mound
Galveston
Harlingen
McKinney
North Richland Hills
Port Arthur
Round Rock
Sugar Land
n
Temple
Victoria
City Counei
City Counei
$11,031
$8,917
$11,031
$8,917
$9,167
$9,270
$9,167
$9,270
$9,167
$9,270
e
-';:::.:..
~.
Mayor
City Counei
City Counei
Mayor & City Counei
Mayor/City Counei
Mayor & Counei
City Counei
City Counci
City Counei
City Counci
City CouneiUMayor
City Counei
City Manager
City Manager
City Manager
City Administrator
City Manager
City. Manager
City Manager
City Manager
City Manager
City lIiIanager
City Manager
City Manager
City Manager
Equal
Equal
Equal
Equal
Equal
Equal
Equal
Equal
Equal
Equal
Equal
Equal
Equal
$10,000
$10,649
$9,625
$8;000
$8,109
$8,750
$8,455
$11,083
$5,859
$8,909
$10,371
$10,000
$10,649
$9,625
$8,000
$8,109
$8,750
$8,455
$11,083
$5,859
$8,909
$10,000
$10,649
$9,625
$8,000
$8,109
$8,750
$8,455
$11,083
$5~859
$8,909
$10,269
$10,418
$13,070
$1"0,745
$6,472
$6,511
$8,713
$8,257
1
1
1
1
1
1
l'
1
1
1
1
1
1
49,450
32,000
32,000
36,800
38,920
36,000
35,773
45,550
32,000
43,915
42,059
35,250
36,000
30,001 - 50,000
Bedford
'T
Cedar Hill
Cedar Park
Con roe
DeSoto
Duncanville
Edinburg
Euless
Friendswood
Frisco
Grapevine
Haltom City
Hurst
Although every effort is made to scrutinize the salary information herein, the text fields 'Position Title At Municipal{tv' and .Job Reports To At Municipality" are presented
as entered or submitted by the municipality, Therefore, 'there may be in~onsistencies in the abbreviations used, and the spelling of the municipal titles.
Page 67
Section D
...,....- .....,.......--~-----~ ------=,. ..,.. ..............-----...-
--- -- - -------
Texas Municipal League Salary Survey 2002
Population Group and Municipality
Information Alphabetical By Position Title,
Detailed Salary
Position Title At Municipality
Job Reports To At Municipality
Members
Mayor/Council
Mayor & City Council
City Counci
-
City Council
City Council
City Council & Mayor
City Counci
City Administrator
City Manager
City Manager
City Manager
City Manager
S;ity Manager
City Manager
City Manager
City Manager
Equal
Equal
Equal
Equal
Equal
Equal
Equal
Equal
Equal
$8,494
$8,668
$10,250
$9,188
$8,104
$10,375
$9,719
$9,500
$8,014
$9,188
$8,104
$10,375
$9,719
$9,500
$8,014
$8,494
$8,668
$10,250
$8,494
$8,668
$10,250
188
104
$9.
$8,
$10,375
$9,719
$9,500
$8,014
1
1
1
1
1
$11,930
$8,837
1
1
40,000
35,000
30,341
50,000
30,872
40,700
38,129
35,000
33,430
Municipality
League Ci!y
Lufkin
Mansfield
Missouri City
Nacogdoches
Pearland
San Marcos
Shennan
Texarkana
Council
~
Mayor/City Counci
e
City Council
Mayor/Counci
Council
Council
City Counci'
City Counci
City Council
City Manager
City Manager
City Manager
C~ty Manager
City Manager
City Manager
City Manager
City Manager
City Manager
City Manager
City Manager
City Manager
City Manager
Equal
Greater
$10,131
$1.0,139
$10,9~1
$7,727
$9,288
$10,131
$10,139
$10,931
$7,727
$9,288
$10,131
$10,139
$10,931
$7,727
$9,288
Equal
Equal
Equal
Equal
Equal
Eql,lal
Equal
Equal
Equal
Equal
$12,500
$9,192
$4,550
$9,727
$8,860
$7,872
$8,250
$5,624
$12,500
$9,192
$4,550
$9,727
$8,860
$7,872
$8,250
$5,624
$12,500
$9,192
$4,550
$9,727
$8,860
$7,872
$8,250
$~,624
$5,417
$7,872
$8,653
167
$6,481
$5,769
$4,
1
1
1
1
1
1
1
1
1
1
1
1
1
25,575
26,569
27,500
29,592
27,652
27,508
28,058
30,000
30,000
26,000
25,898
26,442
26,229
25.001 - 30.000
Burleson
Cleburne
Coppell
Copperas Cove
Deer Park
Fanners Branch
Keller
La Marque
La Porte
Lake Jackson
Paris
Rosenberg
San Juan
counci
City Manager
City Manager
City M~nager
City Manager
City Manager
City Manager
City Milnager
Equal
Equal
Equal
Equal
Equal
Equal
$8,750
$6,533
$6,864
$8,368
$9,583
$8,817
$7,828
$8,750
$6,533
$6,864
$8,368
$9,583
$8,817
$7,828
$8,75.0
$6,533
$6,864
$8,368
$9,583
$8,817
$7,828
$6,642
$4,233
1
1
1
1
1
1
1
20,673
23,093
24,465
21,505
23,071
23,000
23,000
20,001 - 25,000
Benbrook
Big Spring
Corsicana
Denison
Greenville
Kerrville
Plainview
City Counci
City Counci
Although every effort is made to scrutinize the salary information herein. the text fields "Position Title At Municipality" and "Job Reports To At Municipality" are presented
as entered or submitted by the municipality: Therefore. there may be incon.si~tencies in the abbreviations used, and the spelling of the municipal titles.
$7,833
$5,833
Page 68
.aa&~~a~~_~__~~~~~~~____~_~_____________
Section D
- - - - - --- - - - - -...... - ~ - - ...... ...... ~ ~ ~ -.-........ ~ -.-.. ..... .....
re~as Municipal League Salary SurVey 2002
Summary of Positions By Popu.lation Range
Position Title
5
5
$6.218
$10.187
$7,830
$7,830
$7,830
$6,296
$11,459
$9.727
$9,727
$9,727
2
2
$5,690
$8,772
$8,192
$8,192
$8,192
8
8
$4,647
$7,377
$6,662
$6,662
$6,662
9
8
$4,705
$7,506
$6,358
$6,368
$6,363
10
10
$4,973
$7,172
$6,250
$6,250
$6.250
7
17
$4,609
$6,897
$5,946
$5,946
$5,969
10
10
$5,231
$6,883
$6,417
$6,417
$6,417
5
5
$4,349
$6,405
$6,119
$6,119
$6,119
$3.006
$4,242
$3,936
$3,936
$3,936
6
6
-$4,908
$6,864
$5,659
$5,659
$5,659
4
4
$3,773
$5,646
$6,074
$6,074
$6,074
o
o
$0
$0
$0
$0
$0
$0
$0
$750
$750
$750
Number of Employees.
Number of Cities.
Salary Range Minimum;
Salary Range Maximum.
Actual Low Salary.
Actual High Salary.
Actual Average Salary.
City Engineer
e
4
4
$0
$0
$16,311
$16,311
$16,311
$9,522
$15,711
$15,751
$15,751
$15,751
3
3
$0
$0
$12,607
$12,607
$12,607
10.
10
$0
$0
$11,872
$11,872
$11,872
9
9
$7,472
$10,759
$10,235
$10,235
$10,235
13
13
$7,820
$10,810
$9,921
$9,921
$9,921
22
22
$7,758
$11,286
$9,051
$9,057
$9,116
13
13
$5,472
$7,314
$8,830
$8,830
$8,830
12
12
$5,033
$7,238
$8,769
$8,769
$8,769
17
17
$6,130
$8,371
$7,227
$7,227
$7,227
41
41
$5,602
$7,025
$6,630
74
74
$4,516
$6,206
$6,567
$6,567
$6,567
89
89
$3,407
$4,596
$4,413
$4,413
$4,413
44
44
$2,542
$3,432
$3,391
$3,391
$3,391
Number of Employees.
Number of Cities.
Salary Range Minimum.
Salary Range Maximum.
Actual Law Salary.
Actual High Salary.
Actual Ave~ge Salary.
City Manager
$6,630
$6,630
Civic Center Manager
Number of Employe~s.
Number of Cities.
o
o
$0
$0
$0
$0
$0
3
1
$3.363
$5,314
$4,429
$4,562
$4,518
$4,764
$7,003
$6,109
$6,109
$6,109
5
5
$4,274
$6.837
$5,794
$5,794
$5,794
3
3
$3,705
$5,132
$3;964
$3,964
$3,964
$3.093
$5.618
$3,450
$3,450
$3,450
2'
2
$3,333
$4.595
$4,289
$4,289
$4,289
2
'2
$2,353
$3.431
$2,967
$2,967
$2,967
$4,517
$6,100
$4,858
$4,858
$4,858
4
4
$2.920
$4,205
$3,276
$3,276
$3,276
2
2
$3,650
$4,667
$4,511
$4,511
$4,511
4
4
$2,281
$3,262
$2,454
$2,454
$2,454
2
2
$0
$0
$1,810
$1,810
$1,810
o
o
$0'
$0
$0
$0
$0
Salary.~ange Minimum.
Salary Range Maximum.
Actual Low Salary.
Actual High SalarY.
Act\Jal Average Salary.
e
60
5
$3,738
$6,022
$3,833
$4,997
$4,545
15
$3,893
$6,151
$4,694
$5.886
$5,180
3
3
$3,842
$5,781
$4,806
$4,806
$4,806
14
.7
$2,807
$4,521
$3,881
$3,944
$3,907
9
5
$3,808
$5,412
$4,634
$4,797
$4,921
15
8
$3,417
$5,053
$4,222
$4,430
$4,339
16
11
$3,451
$5,012
$3,995
$4,094
$4,048
4
4-
$3,640
$4,994
$4,102
$4,102
$4,102
$4,247
$6,338
$4,470
$4,470
$4,470
4
3
$3,245
$4,669
$3,595
$3,709
$3,652
Page 9
2
2
$4,063
$5,555
$5.273
$5,273
$5,273
1
$3,489
$5,049
$3,727
$3,-727
$3,727
o
o
$0
$0
$0
$0
$0
o
o
$0
.$0
$0
$0
$0
Civil Engineer-Joumeyman L~ve,
Number of Employees
Number of Cities.
Salary Range Minimum.
Salary Range Maximum.
Actual Low Salary.
Actual High Salary.
Actual Average Salary.
Section E
.-
Co ~1V
~~
T.exas Municipal. League Salary Survey 2002
16
Golden
Pine
15
14
San
Jacinto
13
N Cent
Texas
Summary of Positions By TML Region
10 11 12
Highland I Coastal I Rio
Lakes Bend Grande
9
Heart of
T~xas.
8
Fort
Worth
7
6
Hub of
Texas
5
Red
River
4
Pennian
Basin
2 3
I Caprock-
Amarillo Lubbock
2
2
$0
$0
$5,947
$5,ia
$5,~
Tyler
5
5
$4,321
$5,887
$4,928
$4,928
$4,928
11
11
$4,768
$7,083
$5,929
$5,929
$5,929
20
20
$5,377
$7,724
$7,~95
$7,295
$7,295
$3,920
$5,769
$4,120
$4,120
$4,120
3
3
$4;338
$6,530
$5,859
$5,859
$5,859
6
6
$4,014
$6,109
$5,145
$5,145
$5,145
4
4
$4,030
$6,771
$6,115
$6,115
$6,115
13
13
$5,080
$7,706
$6,646
$6;646
$6,621
Alamo
5
5
$4,888
$7,604
$6,471
$6,471
$6,471
2
1
$0
$0
$5,145.
$5,218
$5,182
$5,196
$7,341
$7,162
$7,162
$7,162
3
3
$6,373
$10,218
$6,115
$6,115
$6,115
2
2
$3,635
$6,015
$5,384
$5,384
$5,384
$4,221
$8,121
$6,573
$6;573
$6,573
Position Title
Number of Employees.
Number of Cities.
Minimum Salary...
Maximum Salary....
Actual Low Salary.
Actual High Salary.
Actual'Average salary.
City Engineer
18
18
$5,115
$7,033
$6,174
$6,174
$6,174
31
31
$5,543
$7,653
$5,029
$5,029
$5,029
49
49
$5,680
$7,693
$7,949
$7,949
$7,949
45
45
$4,120
$5,727
$8,523
$8,523
$8,523
7
7
$3,666
$4,533
$6,824
$6,824
$6,824
14
14
.$4,420
$5,602
$5,882
$5,882
$5,882
24
24
$3,789
$5,158
$6,264
$6,264
$6,264
20
20
$3,876
$5,639
$5,908
$5,908
$5,908
42
42
$5,907
$8,266
$7,349
$7,349
$7,4?1
32
32
$5,178
$6,852
$5,560
$5,560
$5,560
16
16
$2,890
$4,362
$4,746
$4,746
$4,746
9
9
$3,019
$4,315
$4,988
$4,988
$4,988
14
14
$~,324
$4,250
$6,043
$6,043
$6,043
17
17
$3,788
$5,085
$5,335
$5,335
$5,335'
14
14
$3,862
$4,654
$5,527
$5,527
$5,527.
Number of Employees.
Number of Cities.
Minimum Salary.
Maximum Salary.
Actual Low Salary.
Actual High Salary.
Actual Average Salary.
City Manager
Civic Center Manager
Number of Employees.
Number of Cities.
o
o
$0
$0
$0
.
3
3
$2,972
$4,364
$3,242
$3,242
$3,242
3
3
$1,967
$2,895
$3,095
$3,095
$3,095
4
4
$4,120
$5,568
$4,917
$4,917
$4,917
o
o
$0
$0
$0
$0
$0
o
o
$0
$0
$0
$0
$0
$0
$0
$1,347
$1,347
$1,347
3
3
$3,722
$6,363
$4,352
$4,352
$4,352
8
6
$3,068
$4,415
$3,792
$3,814
$3,807
3
3
$2,839
$3,570
$2,756
$2,756
$2,756
2
2
$3,158
$4,843
$3,212
$3,212
$3,212
1
1
$6,651
$9,397
$7,966
$7,966
$7,966
o
o
$0
$0
$0
$0
$0
$4,352
~6,529
$5;5f)4
$5,564
$5,564
$3,394
$6,532
$5,720
$5,720
$5,720
Minimum Salary.
Maximum Salary.
Actual Low Salary.
Actual High Salary.
Actual Average Salary.
$2,588
$3,215
$2,703
$2,703
$2,703
3
2
$3,566
$4,965
$4,595
$4,595
$4,595
27
9
$3,252
$4,990
$3,921
$3,990
$3,943
31
10
$4,323
$6,210
$5,083
$5,402
$5,296
4
1
$1,975
$2,437
$3,500
$3,500
$3,500
2
2
$3,015
'.$4,368
$3,993
$3,993
$3,993
23
5
$3,296
$5,217
$3,960
$4,434
$4,323
2
2
$2,375
$3,764
$3,394
$3,394
$3,394
27
8
$3,915
$5,608
$4,631
$4,953
$4,783
13
4
$3,318
$5,341
$3,948
$3,948
$4,182
3
3
$2,758
$4,084
.$3,110
$3,110
$3,110
o
o
$0
$0
$0
$0
$0
3
2
$3,502
$5,372
$4;042
$4,430
$4,236
3
1
$3,259
$4,886
$3,356
$3,758
$3,517
2
1
$2,569
~,816
$3,551
$3,590
$3,571
Civil Engineer-Joumeyman Level
Number of Employees.
Number of Cities.
Minimum Salary.
Maximum Salary.
Actual Low Salary.
Actual High Salary,
Actual Average Salary.
Pagf1l9
Section F
I,: .
,.
"
, '. ~
" .
. ,
. '
!.,
I~' :
;~: . "
I;. .
.... -
I(
I: . .
I' .
L.....
. .. ,
"I';". ...
e
e
HOUSTON-GALVESTON AREA COUNCllL
2002.REGIONAL SALARY & BENEFITS SURVEY
Sponsored by:
+ptC
Houston-Galveston Area Council'
P.O. Box 22777
Houston, Texas 77227-2777
Phone: 713-627-3200
Fax: 713-621-8129
Administered by:
trace consultants, inc.
9000 West Bellfort, Suite 400
Houston, Texas n031
Phone: 713-995-6303
Fax: 713-995-1945
E-mail: trace@traceconsultants.com
Salary rates for this survey were those in effect on
. January 1, 2002
I.
t
.~
,
e
-e
I
I
L-__.___ __0..
GENERAL INFORMATION
Salary surveys are useful in making general comparisons among cities, but care should
be used when comparing salaries from one city to another. There. are many variables to
consider such as the differences in job scope and characteristics, as well as tenure and
experience of the incumbent. Other factors, such as working conditions, benefits,
geographic location, etc., may also influen~ these comparisons and should be
considered when reviewing regional salaries for some positions.
Forty-eight (48) cities, representing a total of 29,760 employees, supplied salary
information for this survey of current compensation and benefits practices in the
Houston-Galveston region. Participants, ranging in size from 5 to 22,679 employees,
reported a total.of16,233 incumbents for the positions surveyed.
The survey covers seventy-eight (78) job titles comprising six major job categories
(executive, management/professional, administrative/clerical, police, fire, and technicaV
craft). Each responding city was asked to provide information on the' number of
incumbents, FLSA status, incumbent salaries, salary range (minimum, midpoint and
maximum) for each job title. All salaries are presented in annual amounts. VVhen
responding cities provided monthly or hourly rates, ~hese were converted into annual
rates, based on 173.33 hou~ per rTlonth (2080 hours per year). .Information was also
requested on how closely job descriptions and titles included in. the' survey matched the
reporting city's job description and title.
Additionally, this survey report includes summary sheets giving the simple and weighted
averages of all positions surveyed in the Houston-Galveston region with data broken out
by city population.'
Infonnation contained in this report is that submitted by p~rticipating cities and reviewed
by the survey administrator. Attempts were made to verify position matches and
reported benefits where possible; not all survey partiCipants responded to all questions.
.--..
+pt() Salary Survey
8
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DEFINITION OF TERMS
Simple average = sum of individual city job averages divided by the total number of
cities reporting.
Weighted average = the sum of all reported salaries for a position divided by the total
number of incumbents reported for that job.
# of Data Points (DP) = the total number of reported matches (incumbents) for a
positi~n. .
The following terms and explanations refer to the column headings for each position.
Number of Incumbents. - This is the number of employees currently holding the
position described,.- " "
FLSA - This is the exempt or non-exempt status of a position, according to the
definitions of the Fair Labor Standards Act. Non-exempt jobs = N; exempt jobs = E.
~
, ,-
Annual Salary - This is the average of all incumbent salaries for the positions that were,
matched. \lVhen more than one employee was reported: the. salaries for all. the"
employees currently holding that job were added together then div(d8d by "the number Of
incumbents. The average (mean) is reported in annual salary figures. "-
Loweat Salary - This is the lowest salary actually paid to a current incumbent in the
position.
Higheat Salary - This is the highest salary actually paid to a current incumbent in the
position. . . . .
Car Or Allowance - "e" = when the position. incumbent(s) receives an automobile to
perform the job. If dollar amount ($) is shown, this is the monthly ear allowanCe the
"incumbent receives. "
,.
Survey Comparison (L I E I G) - "L" means that the job in the city has lo,,!er
requirements, fewer duties or less responsibility than the survey position as described.
"E" means that the city's job is equivalent to the job as described in the survey capsule.
"G" means that the job in the city has more responsibilities/duties and/or greater
requirements. .
Superviso"a Title - This is the title of the immediate supervisor for the incumbents
holding the job. Where multiple supervisors' titles were reported (as in the case of
multiple matches in various departments), the term various supervisors is used. .
City'a Job Title - This is the title the City uses for employees that match the survey
position, if different than the survey title.
-ij:f(} Salary Survey
9
trGce consulttmts, me.
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Position" 02: City Manager Page 1 012
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Je ~ ~. I
E :I t..!! ell
City of: :I ~ c:l % ~:i Supervisor'. title City'. Job title
z_ II.
Analeto" 1 E eO,ooo $500/mo G City Council City Administrator
Bay town 1 E 118~939. $500/mo E Mayor City Manaaer
Bellaire 1 E 120,880 Car E Mayor & Council City Manaaer
Brazoria 1 E 40,000 S250/mo E City Council City Manaaer
Bunker Hill Villaae 1 E 70,000 S350/mo E Mayor & City Council City Administrator l
Clute 1 E 66,536 Car E City Council City Manaaer
Columbus 1 E 51,459' Car G Mayor/Council City Manaaer
Con roe 1 E 127,795 Car E Mayor/City Council City Administrator
Dayton 1 E 56,221 $400/mo . E City Council City Manaaer
Deer Park 1 E 120,744 Car E City Council . City Manaaer
EI Campo 1 E 75,000 $500/mo E City Council City Manaaer
Freeoort 1 E . 79,000 $500/mo E Mayor & City Council . City Manaaer
Friendswood 1 E 110,008 $300/mo E Mayor City Manaaer
Galena Park 1 E 76,377 $400/mo E Mayor City 'Administrator
Hedwig Village 1 E 68,000 .G Mayor City Admin./City Sec.-Trea.
Hempstead 1 E 72,974 G City Council City Administrator
Huntsville 1 E 104,760 $500/mo E Mayor City Manaaer
Jersey Village 1 E 79,961 , 'G Council City Manaaer
Katy 1 E 80,448 Car E Mavor City Administrator I
lake Jackson 1 E 106,329 $550/mo G CitY Council City Manaaer
Leaaue City 1 E 112,852 $5OOImo E Mayor City Administrator
liberty 1 'E 79,102 $6OOImo E City Council' City Manaaer
Missouri City 1 E 125,904 $4601mo E Mavor & City Council City Manaaer
Nassau Bay 1 E 82,764 E Mavor & Council City Manaaer
Pearland 1 E 124,500 S667/mo G City Council City Manaaer
Richmond 1 E 64,200 $5OOImo E Mayor City Manaaer
Rosenbera 1 E 99,000 . S5OOImo E City Council City Manaaer
Seabrook 1 E 86,000 $5OOImo E Mayor/City Council City Manaaer
Shenandoah 1 E 75 000 $400/mo 'G Mayor & City Council City Administrator
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Position" 02: City Manager Page 2 of 2
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City of: ::I I! eel 5: l!:i Supervisor'. .TItIe city'. Job Title
z_ IA.
Spring Valley 1 E 70,875 $4oo/mo E Mayor & Council City Administrator
Sugar Land 1 E 125,000 $600/mo E Mayor & Council . City Manager
Sweeny 1 E .46,236 G City Council City Manager
Tomball 1 E 98,900 S350/mo E City Council City Manager
Webster 1 E 90,000 Car E City Council City Manaaer
West Columbia 1 E 57,325 G City Council City Manc;lger
West University Place 1 E 105,000 S300/mo E City Council CitY Manager
Wharton 1 E 72,447 $400/mo E City Council City Manager
VVillis 1 E 61.856 . S800/me G Mayor & City Council City Coordinator/Police Chief
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TEXAS CITY MANAGEMENT ASSOCIATION CODE OF
ETHICS .
!
TCMA Code of Ethics
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ABIJJTTCMA
BOARD
COMMITTEES
RostER
REGllJNS
PU8UCA11ONS
PROGRAMS
CAREER
SITE MAP
TML
ICMA
HOME
Texas City Management Association G.ode of
Ethics with Guidelines
On April 27, 1984, the Texas City Management Association (TCMA) adopted
the code of ethics, guidelines, and rules of procedure of the International
City/County Management Association (lCMA). Further, TCMA believed it to be
in the best interests of its members to not only clarify the applicability of the
code for its members, but to suggest types of behavior best conducive to truly
professional relationships. Therefore, TCMA approved on June 7, 1987, the
following language, which although not a part of the ICMA/TCMA Code with
Guidelines, is nonetheless considered important from TCMA's viewpoint for its
members to be aware. In 1998, TCMA adopted a slightly different set of
enforcement rules that apply to TCMA members only.
Preamble
Every member of the Texas City Management Association shall
be voluntarily governed by the following ethical principles. These .
principles, which comprise the Code of Ethics, establish the
fundamental ideals considered essential for professional conduct
as a member of this profession. It is not intended that this Code
or its' related guidelines address every situation which may arise
among its membership; rather, it is envisioned that each
member, regardless of position, will rely on the ideals embodied
in this Code to lead them through uncertain situations.
Behavioral Guidelines to Professional Relationships
A merriber should strive, as appropriate opportunities arise, to
enhance the credibility of a colleague with the colleague's
council, staff, and community.
/
A member should share kn0wledge and expertise with a
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TCMA Code of Ethics
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Page 2 of9
colleague that would aid the progress of the council policy
development process.
A member should provide, whenever possible, important
information to an associate so as to increase the likelihood of a
sound decision.
A member should exercise discretion in using confidential
information provided by a colleague.
A member should appropriately recognize another colleague's
work.
Each member should take an interest in the career development
of associates and subordinates and ensure sufficient
opportunities are provided from which their professional needs
can be met. .
A member should advise, when appropriate, colleagues when
approached about the colleague's performance by the city
council.
A member should encourage; through appropriate organizational
channels, that the city manager selection process within their
community is undertaken in a professional manner.
International City-County
Ma!1agement Association
Code of Ethics with Guidelines
as adopted by the leMA Executive Board in May 1924, with. approv~d
revisions through September 2000
1~!l~.U.
Ifm.eL4
Tenet?
Tenet 10
Rules of Procedure
J~net2
T~neL5
Tenet 8
Tenet 11
IenetJ
T..eOj;16
Tenet 9
Tenet 12
Ethics Q & A
1. Be dedicated to the concepts of effective and democratic
local government bYJesponsible elected officials and
believe that professional general management is essential to
1......_./1.....".. +~~~ ~_...(~~.. ~+I..~~... I..+~ I 1 ()/1.()/,)()(),)
TCMA Code of Ethics
41
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the achievement of this objective.
(back to .inde~)
2. Affirm the dignity and worth of the services rendered by
government and maintain a constructive, creative, and
practical attitude toward urban affairs and a deep sense of
social responsibility as a trusted public servant.
Guideline
Advice to Officials of Other Local Governments. When members advise
and respond to inquiries from elected or appointed officials of other
governments, they should inform the administrators of those communities.
,(back to index).
3. Be dedicated to the highest ideals of honor and integrity in
all public and personal relationships in order that the
member may merit the respect and confidence of the elected
officials, of other officials and employees, and of the public.
Guidelines
Public Confidence. Members should conduct themselves so as to maintain
public confidence in their profession, their local government, and in their
performance of the public trust.
Impression of Influence. Members should conduct their official and
personal affairs in such a manner as to give the clear impression that they
cannot be improperly influenced in the performance of their official duties.
Appointment Commitment. Members who accept an appointment to a
position should not fail to report for that position. This does not preclude the
possibility of a member considering several offers or seeking several
positions at the same time, but once ~ bona fide offer of a position has been
accepted, that commitment should be honored. Oral acceptance of an
employment offer is considered binding unless the employer makes
fundamental changes in the terms of employment.
. .
,
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TCMA Code of Ethics
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Credentials. An application for employment should be complete and
accurate as to all pertinent details of education, experience, and personal
history. Members should recognize that both omissions and inaccuracies
must be avoided.
Ptofe~sional Respect. Members seeking a management position should
show professional respect for persons formerly holding the position or for
others who .might be applying for the same position. Professional respect
does not preclude honest differences of opinion; it does preclude attacking a
person's motives or integrity in order to be appointed to a position.
Confidentiality. Members should not discuss or divulge information with
anyone about pending or completed ethics cases, except as specifically
authorized by the Rules of Procedure for Enforcemen"t of the Code of Ethics.
Seeking Employment. Members should not seek employment for a position
having an incumbent administrator who has not resigned or been officially
informed that his or her services are to be terminated.
(bacK~Qln.9~4).
4. Recognize that the chief function of local government at all
times is to serye the best interests of all of the people.
Guideline
Length of Service. A minimum of two years generally is considered
necessary in order to render a professional service to the local government.
A short tenure should be the exception rather than a recurring experience.
However, under special circumstances it may be in the best interests of the
local government and the member to separate in a shorter time. Examples of
such circumstances would include refusal of the appointment authority to
honor commitments concerning conditions of employment, a vote of no
confidence in the member, or severe personal problems. It is the
responsibility of an applicant for a position to ascertain conditions of
employment. Inadequately determining terms of employment prior to arrival
does not justify premature termination.
.(ba_G~ to inde1).
5. Submit policy proposals to elected officials; provide them
with facts and advice on matters of policy as a basis for
making decisions alid setting community goals, and uphold
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TCMA Code of Ethics
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Page 5 of9
and implement local government policies adopted by elected
officials.
Guideline
Conflicting Roles. Members who serve multiple goals-- work.ing as both city
attorney and city manager for the same community, for example-- should
avoid participating in matters that create the appearance of a conflict of
interest. They should disclose the potential conflict to the governing body so
that other opinions may be solicited.
.(back to index).
6. Recognize that elected representatives of the people are
entitled to the credit for the establishment of local
government policies; responsibility for policy execution
rests with the members.
(back to i.noex)
7. Refrain from all political activities which undermine public
confidence in professional administrators. Refrain from
participation in the election of the members of the employing
legislative body.
Guidelines
Elections of the Governing Body. Members should maintain a reputation
for serving equally and impartially all members of the governing body of the
local government they serve, regardless of party. To this end, they should
not engage in active participation in the election campaign on behalf of or in
opposition to candidates for the governing body~
Elections of Elected Executives. Members should not engage in the
election campaign of any candidate for mayor or elected county executive.
Elections. Members share with their fellow citizens the right and
responsibility to vote and to voice their opinion on public issues. However, in
order not to impair their effectiveness on behalf of the local governments
they serve, they should not participate in political activities to support the
candidacy of individuals running for any city, county, special district, school,
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TCMA Code of Ethics
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state or federal offices. Specifically, they shall not endorse candidates, make
financial contributions, sign or circulate petitions, or participate in fund-raising
activities for individuals seeking or holding elected office.
Running for Office. Members shall not run for elected office or become
involved in political activities related to running for elected office. They shall
not seek political endorsements, financial contributions or engage in other
campaign activities.
Elections on the Council-Manager Plan. Members may assist in preparing
and presenting materials that explain the council-manager form of
government to the public prior to an election on the use of the plan. If
assistance is required by another community, members may respond. All
activities regarding ballot issues should be conducted within local regulations
and in a professional manner.
Presentation of Issues. Members may assist the government body in
presenting issues involved in referenda such as bond issues, annexations,
and similar matters.
(back to index)
8. Make it a duty continually to improve the member's
professional ability and to develop the competence of
associates in the use of management techniques.
Guidelines
" Self-Assessment. Each member should assess his or her professional skills
and abilities on a periodic basis.
Professional Development. Each member should commit at least 40 hours
per year to professional development activities that are based on the
practices identified by the members of leMA.
(back to index).
9. Keep the community informed on local government affairs;
encourage communication between the citizens and all local
government officers; emphasize friendly and courteous
service to the public; and seek to improve the quality and
image of public serv~ge.
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TCMA Code of Ethics
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(back to inde~).
10., Resist any encroachment on professional responsibilities,
believing th.e member should be free to carry out official
policies without interference and handle each problem
. without discrimination on the basis of principle and justice.
Guideline
Information Sharing. The member should openly share information with the
governing body, while diligently carrying out the member's responsibilities as
set forth in the charter or enabling legislation.
(back to in.pex).
11. Handle all matters of personnel on the basis of merit, so that
fairness and impartiality govern a member's decisions
pertaining to appointments, pay adjustments, promotions,
and discipline.
Guideline
Equal Opportunity. Members should develop a positive program that will
ensure meaningful employment opportunities for all segments of the
community. All programs, practices, and operations should:
1. provide equality of opportunity in employment for all persons;
2. prohibit discrimination because of race, color, religion, sex, national
origin, political affiliation, physical handicaps, age, or marital status;
and
3. promote continuing programs of affirmative action at every level within
the organization. It should be the member's personal and professional
responsibility to actively recruit and hire minorities and women to
serve on professional staffs throughout their organizations.
(back'to index)
.'
/
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TCMA Code of Ethics
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12. . Seek no favor; believe that personal aggrandizement or
profit secured by confidential information or by misuse of
public time is dishonest.
Guidelines
Gifts. Members should not directly or indirectly solicit any gift or accept or
receive any gift-- whether it be money, services, loan, travel, entertainment,
hospitality, promise, or any other form-- under the following circumstances:
1. it could reasonably be inferred or expected that the gift was intended
to influence them in the performance of their official duties; or
2. the gift was intended to serve as a reward for any official action on
their part.
It is important that the prohibition of unsolicited gifts be limited to
circumstances related to improper influence. In de minimus situations, such
as meal checks, for example, some modest maximum dollar value should be
determined by the member as a guideline. The guideline is not intended to
isolate members from normal social practices where gifts among friends,
associates, and relatives are appropriate for certain occasions.
Investments in Conflict with Official Duties. Members should not invest or
hold any investment, directly or indirectly, in any financial business,
commercial, or other private transaction that creates a conflict with their
official duties.
In the case of real estate, the potential use of confidential information and
knowledge to further a member's personal interest requires special
consideration. This guideline recognizes that members' official actions and
decisions can be influenced if there is a conflict with personal investments.
Purchases and sales which might be interpreted as speculation for quick
profit ought to be avoided (see the guideline on "Confidentiallnformationn).
Because personal investments may prejudice or may appear to influence
official actions and decisions, members may, in concert with their governing
body, provide for disclosure of such investments prior to accepting their
position as local government administrator or prior to any official action by
the governing body that may affect such investments.
Personal Relationships. Members should disclose any personal
relationship to the governing bO,dy in any instance where there could be the
appearance of a conflict of interest. For example, if the manager's spouse
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TCMA Code of Ethics
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works for a developer doing business with the local government, that fact
should be disclosed.
Confidential Information. Members should not disclose to others, or use to
further their personal interest, confidential information acquired by them in
the course of their official duties.
Private Employment. Members should not engage in, solicit, negotiate for,
or promise to accept private employment, nor should they render services for
private interests or conduct a private business when such employment,
service, or business creates a conflict with or impairs the proper discharge of
their official duties.
Teaching, lecturing, writing, or consulting are typical activities that may not
involve conflict of interest or impair the proper discharge of their official
duties. Prior notification of the appointment authority is appropriate in all
cases of outside employment.
Representation. Members should not represent any outside interest before
any agency, whether public or private, except with the authorization of or at
the direction of the appointing authority they serve.
Endorsements. Members should not endorse commercial products by
agreeing to use their photograph, endorsement, or quotation in paid or other
commercial advertisements, whether or not for compensation. Members
may, however, agree to endorse the following, provided they do not receive
any compensation:
1. books or other publications;
2. professional development or educational services provided by
nonprofit membership organizations or recognized educational
institutions;
3. products and/or services in which the local government has a direct
economic interest.
Members' observations, opinions, and analyses of commercial products used
or tested by their local government are appropriate and useful to the
profession when included as part of professional articles and reports.
(back to i.n9..e~).
home I back to top-
"
1!:I2002 Tc.us City Managemenl Association Auslin. Texas (512) 231-7400
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TEXAS MUNICIPAL LEAGUE CLASSIFIED ADVERTISING
INFORMATION
* Information may only be advertised on website - no employment advertising in the
Texas Town and City Magazine
Texas Town &.City ClaSSified.vertiSing Submit Form
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Page 1 of2
!-. T e 18 S M ;un i c i p a I League
Classified Ad Submission Form
All fields must be completed to process classified advertisement.
Municipality Name
Job Position Available
Please select a preferred Administrative .
Job listing Category City Administrator/Manager
Code Enforcement
Engineering
Finance
General
. Human Resources
Information Services (Library/Public Information Officer)
Legal
. Municipal Court
. Parks/RecreationfTourism
Planning
Public Safety
Public Works/Utilities
Technology
Out-of-State
Items for Sale
Please let us know how to contact you if we have questions about your ad.
Contact Name I .1
Contact Address I
Phone I
Fax I.
E-mail Address (e- I
mail@location)
Please type your Classified Ad below. Limit ~he length of your Ad to no more than 150 words. Do not
use tabs or extra spaces. Unusual fonts or formats will not appear on the web site. TML reserves the
right to edit Ads for space requirements or inappropriate content.
http://www. tml.org/c1assifieds _ form.html
10/29/2002
Texas Town & City Classified~vertiSing Submit Form
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Page 2 of2
TML is not responsible for invalid.1inks. Please proofread before submitting classified ad.
Classified ads will be posted daily on TML Online.
For assistance with uploading, removing or changing your ad, please e-mail class@tml.org
I CLASSIFIEDS INDEX I
Cl2002 Texas Municipal League Austin, Texas (512) 231-7400
http://www.tm1.orglclassifieds _ form.html
10/29/2002
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TEXAS CITY MANAGEMENT ASSOCIATION EXECUTIVE
SEARCH FIRM LISTING
Executive Search Firms
,.
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Page 1 of3
TCMA
TEXAS CRY MANAGEMENT ASSOCIATION
ABlIJJ1'CMA
BOARD
COWIIIJTEES
RO$lBI
Rf.G/ONS
ftIIlImJNS
PR(JGRAM$
CAREER
_MAP"
11&.
ICWt
HOME
Executive Search Firms
(Updated 9/06/02)
This is a .list of firms known to do business with public sector organizations in
Texas. TCMA is providing this list for informational purposes and not as any
form of endorsement.
H C Smith, Ltd.
Herbert C. Smith, PhD.
President and CEO
20600 Chagrin Blvd., Suite 200
Shaker Heights, Ohio 44122-5334
Phone: 216-752-9966
Fax: 216-752-9970
Email: info@hcsmith.com
Johnson & Associates
Attn: Chloe Johnson
8308 T ecumseh Drive
Austin, Texas 78753-5745
Phone: 512-339-9000
Fax: 512-832-0002
Email: chloe@JAToday.com
Ralph Andersen & Associates
Attn: Chuck Rohre
2210 Blue Cypress Drive
Richardson, Texas 75082
Phone:972-235-5912
Fax: 972-235-3555
Email: chuck@ralphandersen.com
Gerald Plock Associates, Inc.
7501 Stallion Circle
Flower Mound, TX 75022-6089
Phone: 817-464-4610
Fax: 817-464-4061
http://www.tcma.org/jobs_searchfinn.htm
10/29/2002
Executive Search Firms
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Email:geraldplock@geraldplockassoc.com
Web site: www.geraldplockassoc.com
Ray Associates, Inc.
1305 San Antonio St.
Austin, Texas 78701
Attn: Jim Ray
Phone: 512-478-4699
Fax: 512-478-1049
Email:jray@rayassociates.com
Web site: www.rayassociates.com
The, Mercer Group,lnc.
Jim C. Blagg, Senior Vice President
2220 Canton St., Suite 202
Dallas, TX 75201
Phone: 972-740-3519
Fax: 214-651-7768
Email: mercertx@sbcglobal.net
Web site: www.mercergroupinc.com
MAXIMUS
Lou Fox, Regional Director
3330 Oakwell Court #200
San Antonio,TX 78218
Phone: 210-301-1818
Fax: 210-301-0297
Email: txsearch@maximus.com
The Waters Consulting Group, Inc.
G. Chrts Hartung
2695 Villa Creek Drive, #104
Dallas, Texas 75234-7328
Phone: 972-481-1950
Fax: 972-481-1951
Email: chartung@watersconsulting.com
The .Oldani Group
Jerrold Oldani
188106th Ave N.E., Suite 420
Bellevue, Washington 98004
Phone: 425-451-3938
Fax: 425-453-6786
Email: searches@theoldanigroup.com
Texas First Group Replacement Services, Inc.
Interim Management Services
Don Davis
P.O. Box 1525
http://wv..rw.tcma.org/jobs_searchfirm.htm
10/29/2002
Executive Search Firms
e
Stephenville, Texas 76401
Phone: 254-968-6682
Email: texasfirst@erath.net
Kerry Sweatt
P.O.' Box 157
Leakey, Texas 78873
Phone: 830-232-5466
Email: texasfirst@hctc.net
HM Network
John D. Harrison
P.O. Box 5147
Waco, Texas 76708-5147
Phone: 254-722-1668
Fax: 254-772-9359
Email: iohn.d.harrison@worldnet.att.net
The Par Group. Paul A. Reaume, Ltd.
Paul A. Reaume
President
100 N. Waukegan Rd Ste 211
Lake Bluff, IL 60044
Phone: 847-234-0005
Fax: 847-234-8309
Email:pmaloney@pargroupltd.com
Web site: www.pargroupltd.com
home I back to top
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02002 Texas City Management Association Austin, Texas (512) 23]-7400
http://www.tcma.org/jobs_searchfirm.htm
Page 3 of3
10/29/2002
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CITY OF LA PORTE EMPLOYMENT APPLICATION
Each person who is interviewed will need to complete an application form due to the
needed authorizations to check references.
. ..-. -.' ..- -.--..--. e
CITY OF LA PORTE
AFFIRMATIVE ACTION CREDIT FORM
The City of La Porte is an Equal Employment Opportunity Employer and takes affirmative action to hire and
promote those individuals protected by federal and state laws. You may qualify for affirmative action credit.
Please. complete this form honestly since deception in an effort to receive unwarranted affirmative action
credit will result in your disqualification from further consideration for your desired position. Information
gathered from this form will be kept separate from your application.
NAME:
Please print nome
SOCIAL SECURITY NUMBER:
* Minorities may receive Affirmative Action Credit. Please indicate your race by initialing the appropriate
response.
American Indian or Alaskan Native:
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Asian or Pacific Islander:
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White:
Black:
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Hispanic:,
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Other, please specify:
~~m'~:r"w.!J
;i:.si~::::~1:W~:-:::.:-.~
* Women may receive affirmative Action Credit when applying for traditional male positions. Please indicate
your gender by initialing the appropriate response.
Male:
Female:
* Veterans of U.S. Anned Forces may receive Affirmative Action Credit. If you.are a veteran, indicate the
following and submit a copy of your 00214 or other documentation of servi~e..
Branch of Service:
Date of Induction:
Date of Discharge:
* Appl1cants who are forty years of age or older may receive Affirmative Action Credit. Piease indicate your
age and date of birth.
Age:
Date of Birth:
I certify that the statements I have provided on this Affirmative Action Credit Form are true, complete
and correct to the best of my knowledge.
Signature
Date
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CITY OF LA PORTE
NEPOTISM FORM
I
(print name) understand to be
employed at the City of La Porte; I cannot be related to the Mayor, any
Councilperson or the City Manager. I also understand that I may not supervise
or be supervised by a member of my immediate family. In addition, two or more
members of my immediate family may not report to the same supervisor.
The City of La Porte Personnel Policy states:
Chapter 3, Section 9: No person related within the second degree affinity, or within the third
degree by consanguinity, to the Mayor or any Councilperson or to the 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 for six (6) months or more by the
City at the time of the election or appointment of the other to whom he is related. (City Charter
Section 8.02, subsection c, as amended by Texas Government Code, Section 5.73.062,
subsection [a) [8}).
Nepotism will not apply to volunteer firefighters or reserve police officers.
Immediate family members shall include unmarried domestic partners.
The City Manager may apply the nepotism prohibition in other organizational relationships when
failure to do so would be detrimental to the City.
List below any of your family members that are currently a member of City
Council or an employee of the City of La Porte:
I understand the City may refuse to hire any applicant whose hiring would result
in a violation of the City's nepotism policy. If I am found to have falsified any
nepotism information after employment with the City has begun, I will be
terminated immediately.
Applicant Signature
Date
FAILURE TO COMPLETE THIS FORM AND RETURN WITH THE JOB
APPLICATION, WILL VOID CONSIDERATION OF YOUR APPLICATION.
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crTY OF LA PORTE
CONFIDENTIAL
EMPLOYME::NT APPLICATION SUPPLEMENT FORM NO.2
~
To the applicant If you have been CONVICTED of a misdemeanor or felony offense. please answer the
. foJiowing questions about this convictioi'1: . ."
1 When were you arrested?
Month
Y~ar
2, Where were you arrested?
City
State .
3 What were you charged with?
4 What was the outcome?
Pro.baUon: Starting:
.t "_
Finishing:
Month
Year
Month
Year
I .
Other, Explain:
" ."
- ,.
- -
5 If you were sent to jail,. ~r prison:
..0..1 ;
A. When d!d YOI,l start your sentence:
Month
Year
B. What ;;'as .the name and location of the prison?
.l
Name:
Location:
. ~.
...
C. When were you released?
~ : . . . .
Paroled
Month
Year
Sentence C6r:npleted
Month .
Year
b. If presently on par~le, when wili your paroi~ be finished?
Month
Year
*jf you have more than one convictio~, complete a separate form for each .conviction.
- .
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CITY OF LA PORTE
CO NFIDENTIAL
EMPLOYMENT APPLICATION SUPPLEMENT FORM NO.1
To the applicant: The commitment of the City of La Porte to a policy of equal emploYment opportunity
requires that certain information be gathered and documented for statistical purposes. The following'
information is requested for the Human Resources Office use .only in order to assist us in complying with
EEOC recording guidelines. Since this information will not be considered for employment purposes, this
page will remain separate from your Employment Application 'and will not be available for review at any time.
. during the applicant selection process. In addition, upon employment this information will not be used for any
subsequent Human Resources pecision.
Please complete the following:
1 Name:
2 Date:
. .
3 Position for which you are an applicant:
4 Age:
5 Date of Birth:..
Please check the appropriate box:
6 Race:
American Indian or Alaskan Native:
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Asian or Pacific Islander:
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White:
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. . :-'::':--m:-:-~"'&.~~.
t~m_.
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Black~
. Hispanic:
_~~~i.~' .
...<<.~. ;w......
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Other, please specify:
lm~.**~r
....ii.
....
7 Sex:
Male:
Female:
Military Servic~ Status':
8 Veteran:
9 Active Duty:
10 When was your discharge ~ate? (Please fill in the blanks)
I.
See reverse side
Day
,
Year
Month
· CITY ·
of
LA PORTE, TEXAS
""
EMPLOYMENT APPLICATION'
~ity of La Porte~ Texa'
Employment Application
P.O. Box 1115
La Porte, Texas 77572-1115
(281) 471-5020 * Fax: (281) 470-7650
604 W. Fairmont Parkway
La Porte, Texas 77571
The City of La Porte provides equal access to programs. services. and employment
to all persons. Those applicants requiring reasonab~e accommodation to
the application and/or interview process should notify a
representative of the Human Resources Division.
An Equal Opportunity Employer of Qualified Individuals
In"structions: Please read these instructions before completing the application. All applications for
employment with the City of La Porte must be made on this for~. The entire application must be
completed. Incomplete applications may not be considered. You may attach a resume to this
application, ~ut do not leave blank any p~rt of the application beca"use you have included a resume.
Your application, if complete, will be submitted to the appropriate department for the position that you
applied. Once your application has been considered for a position, a new application must be completed
if you would like to be considered for any other position with the City of La Porte.
All information submitted is subject to verification. A false or misleading statement may result in your
disqualification.
Mail or bring your. application to the Human Resources office at the address listed above. If the position
for which you applied is not an open position, your application will be maintained on file for six (6)
months or until the position becomes available, whichever is earlier.
Please print clearly in ink or type all answers. Pencil is not acceptable.
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Personal Data
Position Desired: Job II:
Job Title:
Date available to report for work:
[Jtull Time
D Part Time
DSeasonal
Name:
Last
First
Middle
Maiden
Current Address:
Number & Street
City
State
Zip Code
Phone Numbers (Area Code/Number):
Home:
Work:
Pager:
Other:
Are you I~gally eligible for employment in this country?
DVes
DNo
DISMISSALS ANDIOR FORCED RESIGNATIONS:
Have you ever been dismissed from any position?
Have you ever been forced to resign from any position?
(If you answ'ered Yes to either or both of these Questions. please explain.)
DVes
DVes
DNo
DNo
CONVICTION RECORD:
Have you ever pled guilty or no contest to, or been convicted of a crime? D Ves D No
(If you answered yes, give complete details on Employment Application Supplement Form No.2. A
conviction will not automatically exclude you from employment consideration. The nature of the offense
and when it occurred will be considered. Give all the facts so that a decision can be made.)
Have you ever been employed by the City of La Porte?
DVes
DNo
If Ves:
Title of Position:
Dates of Employment:
Do you have a relative currently employed by the City:
DVes
DNo
If Ves:
Department:
Name:
Position:
Relationship:
Do you have a valid Texas Driver's License? D Ves
DNO
Commercial D.L.? D Ves
D No
If Ves:
Number:
Expiration Date:
Please indicate source from which you learned of this position:
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.-
. Empl'oyment History
In the space provided below. give your employment history covering your last three jolis. beginning with your
present or most recent employer. Attach resume. if desired; "See Resume" is not acceptable on this application!
1. Current or Last Employer: ,
From: To:
Address: Salary: Beginning: Present:
Name & Title of Supervisor:
Phone w/Area Code:
Job Title: May we contact? DYes DNo
Reason for leaving:
Briefly, describe the nature and duties of your position:
2. Employer:
From: To:
Address: Salary: Beginning: Ending:
Name & Title of Supervisor:
Phone w/Area Code:
Job Title: May we contact? DYes DNo
Reason for Leaving:
6riefly describe the nature and duties of your position:
3. Employer:
From: To:
Address: Salary: Beginning: Ending:
Name ~ Title of Supervisor:
Phone w/Area Code:
Job Title: May we contact? DYes DNo
Reason for Leaving:
Briefly describe the nature and duties of your position:
Explanatipn of periods of unemployment:
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Education & Training
Do you have a high school diploma? 0 Yes 0 No If not. do you have a high school equivalency diploma? DYes D No
High School:
0 Ve. 0 No N/A
College: 0
0 Ve. No
Other School:
0 Ve. 0 No
SPECIAL TRAINING: List any special training programs or courses you have attended which you feel may add to
vour aualifications. List course. date. and institution (including Militarv training).
Course Title Date Grantina Institution
SPECIAL CERTIFICATION AND SKILLS: List certification and special skills (not listed above) you possess which you
believe further qualifies you for the position which you are an applicant. Include active technical/professional
licenses. numbers. certifications. memberships, etc.)
References
List three persons who are not related to you by blood or marriage and are not previous supervisors who can
comment on your education and/or work experience.
Full Name Home Phone Work/Other Phone # of Years Known
( ) ( )
( ) ( )
( ) ( )
List three persons who are not related to you by blood or marriage who can serve as a personal referenee.
Full Name Home Phone Work/Other Phone # of Years Known
( ) ( )
,
( ) ( )
( ) ( )
4
The City, of La Porte is an equal opAnity employer, and selects; the best meed individual for the job based
upon job related quali~ications, regardless of race, color, creed, sex, national origin, age, disability, or other
protected groups under state, federal, or local Equal Opportunity Laws.
I understand and agree that:
1. Any material misrepresentation or deliberate omission of a fact in my application may be justification for refusal, or if
employed, termination from employment.
2. It is my understanding that the Ciw of La Porte will make a thorough investigation of my entire work history and may
verify all data given in my application for employment, related papers,. or oral interviews. I authorize such investigation
and the giving and receiving of any information requested by the City, of La Porte and I release from liability any person
giving or receiving any such information. I understand that falsification of data so given or other derogatory information
discovered as a result of this investigation may prevent me being hired, or if hired, may subject me to immediate
dismissal. .
3. I agree tt'!at the City of 4 Porte may terminate my employment at any time without liability for wages or salary except
such as may have been earned at the date of such termination. If requested by the m",nagement at any time, I agree to
submit to search of my person or of any locker that may be assigned to me, and I here~y waive claims for damages on
account of such examination. I aut~orize my physician or hospital to release any information that may be necessary to
determine my ability to perform the duties of a job I am being considered for prior to employment.
4. Although managemen,t makes every effort,to accommodate individual preferences, business needs may at times make
the following conditions mandatory; overti'me, shift work, a rotating work schedule, or a work schedule other than
Monday through Friday. I understand and accept these as conditions of my continuing employment.
S. I further understand that this is an application for employment and that no employment cOl"!tract is being offered.
6. I understand that if I am employed, such employment is for no definite period of time and that the City of La Porte can
change wages, benefits, and conditions at any time.
I have read and understand the above.
I
Date
Signature
I
I, the undersigned, certify that I have read and fully comprehend this form in its entirety and that the information
provided is true and complete to the best of my knowledge. I understand that ~hould any statement I have made
prove false, misleading or erroneous, it may result in the rejection of my application or discharge from the City
service. In submitting this application, I further understand that this application becomes the property of the City of
La Porte and will not be returned.
Date Signature
Print Name
Social Security Number (Exactlv as Drinted on Social Security Card)
~IIII~
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