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17-M-19 - Prohibiting violations of the City Charter1 + I LINIMIJ • t WHEREAS, on November 3RD, 2015 the City of Schertz held an election on the adoption of amendments to the City's Home Rule Charter; and WHEREAS, Proposition No. 4 included a measure to amend the City Charter to include a criminal provision for violation of any provision of the Charter; and WHEREAS, on November 16th, 2015 the City Council canvassed the votes of said election; and WHEREAS, pursuant to notice of a public meeting held in compliance with the Texas Open Meetings Act, the City Council of the City of Schertz, Texas, convened into a regular meeting of the City Council on this the 17th day of December, 2015 for the purpose of entering an order into the records of the City and declaring that Proposition 4 was adopted; and WHEREAS, pursuant to the Charter amendment City Council is required to enact an ordinance to enforce the criminal provisions adopted; and WHEREAS, the City Council previously adopted an ordinance prohibiting violations of the Charter; and WHEREAS, the City Council finds and determines it necessary to more accurately describe what actions constitute a violation of the City Charter. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: Section 1. The City of Schertz Code of Ordinances Chapter 50 is amended to add the following section: Sec. 50 -7. — Violations of the City Charter A. The following acts are specifically prohibited: 1. Holding other Office. No Mayor or Councilmember shall hold any compensated City office or employment until two (2) years after the expiration of the term for which he or she was elected to the City Council. 2. Appointments and Removals. Neither the City Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officer or employee whom the City Manager or any of his or her subordinates are empowered to appoint. a. Exception. The City Council as a body at a properly called meeting, may express its views and fully and freely discuss with the City Manager anything pertaining to the appointment and removal of such officers and employees. 3. Interference with Administration. Except for the purpose of inquiries or excepted under this section, the City Council and its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately. 4. Admission of Liability. Neither the City Council nor any of its members shall accept or admit liability or pay any claim for damages asserted against the City without first obtaining a written opinion from the City Attorney regarding the City's liability therein. 5. Conflicts of Interest. It is prohibited for the Mayor or Council Member or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local Government Code, Chapter 171 as amended or its successor. For purposes of this Section term "City Official" means any individual subject to the requirements of Texas Local Government Code, Chapter 171 as amended or its successor. 6. Attorney Client Privilege. It shall be unlawful for the Mayor or a Council Member to release any attorney - client privileged communication. B. Any violation hereof shall be punishable in municipal court and, upon conviction, shall be punishable by a fine up to five hundred dollars ($500.00). Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. That all rights and privileges of the City are expressly saved as to any and all violations of the provision of any ordinances repealed by this ordinance which have accrued at the time of the effective date of this Ordinances; and, as to such accrued violation and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 13th day of June, 2017. PASSED, APPROVED and ADOPTED ON SECOND READING, on the 27th day of June, 2017. CITY OF�SX.I -RTZ, TEXAS , Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL)