CHAPTER 32: OFFICERS AND EMPLOYEES

Section
City Officials
32.01 Department directors
32.02 City Attorney
32.03 City Secretary

City Manager
32.15 City Manager; appointment; duties and powers
32.16 Appointment; term; administrative departments
32.17 Powers and duties
32.18 Bond
32.19 Absence or disability

Personnel
32.30 Resignation of officers and appointees
32.31 City holidays
32.32 Vacation
32.33 Social Security
32.34 Texas Municipal Retirement System (TMRS); election to participate; adoption by reference
32.35 Health benefits for retirees

Charter reference:
City Manager, see Home Rule Charter, § 5.6
Cross-reference:
Conflict of interest, see § 30.04
Statutory reference:
City Manager plan of government, see Tex. Rev. Civ. Stat., Art. 1164-1 et seq.

CITY OFFICIALS

§ 32.01 DEPARTMENT DIRECTORS.
At the head of each department there shall be a director who shall have supervision and control over
their respective departments. Two or more departments may be headed by the same individual, and the
City Manager may head one or more departments.
(Prior Code, § 2-5)

§ 32.02 CITY ATTORNEY.
The City Council shall appoint or remove a City Attorney or Attorneys, who shall be a competent
attorney, licensed to practice law in this state, to serve as legal advisor to the city and to all officers and
departments of the city. He or she shall represent the city or be responsible for the representation of the
city in all cases. He or she shall either draft, approve, or file his or her objections to every ordinance
adopted by the City Council, and he or she shall pass upon all documents, contracts, and legal instruments in which the city may have an interest.
(Prior Code, § 2-7)

§ 32.03 CITY SECRETARY.
The City Council shall appoint a City Secretary, who shall give notice of the Council meetings and
shall keep the records of the Council, shall authenticate by his or her signature and record in full in a book kept for that purpose all ordinances and resolutions, shall preserve and keep in order all books, papers, records, and files of the City Council, shall have the custody of the seal of the city and shall affix same to those documents and obligations only of the city as he or she may be legally authorized to do, and shall perform other duties as may be assigned by the City Council, the City Manager, or may be required by the Charter. The City Manager may appoint any Assistant City Secretaries as may be needed.
(Prior Code, § 2-8)

CITY MANAGER

§ 32.15 CITY MANAGER; APPOINTMENT; DUTIES AND POWERS.
(A) The Council shall appoint a City Manager for an indefinite term, who shall be the chief administrative officer of the city. He or she shall be chosen by the Council solely on the basis of his or her executive and administrative training, experience, ability, and character, and without regard to political consideration. He or she need not, when appointed, be a resident of the city, but during his or her tenure of office, he or she shall reside in the city. No member of the Council shall, during the term for which elected, be chosen as City Manager. The City Manager shall receive compensation as may be fixed by the Council.

(B) The City Manager shall be responsible to the Council for the proper administration of all the
affairs of the city. The powers herein conferred upon the City Manager shall include, but shall not be
limited to, the following:

(1) Appoint and, when necessary for the welfare of the city, remove any officer or employee of
the city, except as otherwise provided by the Charter and except as he or she may authorize the head of a department to appoint and remove subordinates in that department;

(2) Prepare and submit to the Council an annual budget 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 preceding year;

(4) Keep the Council advised of the financial condition and future needs of the city and make
those recommendations as may seem to him or her desirable;

(5) Perform other duties as may be prescribed by the Charter or required of him or her by the
Council, not inconsistent with the Charter; and

(6) Attend all meetings of the Council, except when he or she is under discussion, with the right
to take part in the discussion, but having no vote; and he or she shall be notified of all special meetings of the Council.
(Prior Code, § 2-6)

§ 32.16 APPOINTMENT; TERM; ADMINISTRATIVE DEPARTMENTS.
(A) The City Council shall appoint a City Manager, who shall be the administrative and executive
officer of the city under the direction and supervision of the City Council. He or she shall be chosen by
the Council solely on the basis of his or her administrative ability. He or she need not, when appointed,
be a resident of the city; however, upon acceptance he or she shall immediately establish his or her
residence within the city.

(B) The City Manager shall not be appointed for a definite term but shall hold office at the pleasure
of the City Council by a vote in accordance with City Charter, § 2.13.

(C) There shall be administrative departments as may be established by the City Council, all of which
shall be under the control and direction of the City Manager. The City Council may abolish or combine
one or more departments.
(Prior Code, § 2-76)

§ 32.17 POWERS AND DUTIES.
(A) The City Manager shall be responsible to the City Council for the proper administration of all the
affairs of the city. The City Manager shall receive compensation as may be fixed by the City Council.

(B) The powers and duties herein conferred upon the City Manager shall include, but shall not be
limited by, the following:

(1) To appoint and remove any officer or employee of the city except those officers and employees whose appointment or election is otherwise provided for by law or ordinance;

(2) To prepare the budget annually, submit it to the City Council, and be responsible for its
administration after its adoption;

(3) To keep the City Council informed of the financial condition of the city and make recommendations on current and future needs of the city as may seem desirable;

(4) To devote all of his or her working time and attention to the affairs of the city, and be responsible to the City Council for the efficient administration of the affairs of the city;

(5) To see that all laws and ordinances are enforced;

(6) To exercise supervision and control over all departments now or hereafter created by the City
Council;

(7) To attend all meetings of the City Council with the right to take part in the discussion, but not to vote;

(8) To see that all terms and conditions imposed in favor of the city and its inhabitants in any public utility franchise are faithfully kept and performed, and upon knowledge of any violation thereof to call the same to the attention of the City Council;

(9) To act as purchasing agent for the city and to purchase all merchandise, material, and supplies
needed by the city.

(10) To set the salaries to be paid to each appointive officer and subordinate employee of the city,
with the City Manager’s salary to be set annually by the City Council unless varied by express written
contract;

(11) To recommend to the City Council, from time to time, for adoption, those measures as he or
she may deem necessary or expedient; and

(12) To do and perform other duties as may be prescribed by ordinance or resolution or otherwise
required of him or her by the City Council, which are not inconsistent with the provisions of this code.
(Prior Code, § 2-77)
Statutory reference:
Advertising for bids, see Tex. Loc. Gov’t Code, §§ 252.001, 252.002, 252.021 - 252.024, 252.041 - 252.049, 252.061, and 252.062
Municipal budget, see Tex. Loc. Gov’t Code, §§ 102.001 - 102.003 and 102.011

§ 32.18 BOND.
The City Manager shall furnish that surety bond as may be required by the Council by ordinance, the
Officers and Employees 19 premium to be paid by the city.
(Prior Code, § 2-78)
Statutory reference:
Faithful performance bond of Manager, see Tex. Loc. Gov’t Code, §§ 25.027 and 25.029
Salary of Manager, see Tex. Loc. Gov’t Code, § 25.026

§ 32.19 ABSENCE OR DISABILITY.
During the temporary absence or disability of the City Manager, the City Council shall designate some
properly qualified person to perform the duties of his or her office unless the City Manager by letter filed
with the City Secretary designated a qualified administrative officer of the city.
(Prior Code, § 2-79)

PERSONNEL

§ 32.30 RESIGNATION OF OFFICERS AND APPOINTEES.
Resignation by any officer, be he or she elected or appointed, shall be made to the City Council in
writing, subject to its approval and acceptance. Any appointee of the City Manager may present his or her written resignation to that officer for his or her action.
(Prior Code, § 14-1)

§ 32.31 CITY HOLIDAYS.
(A) The holidays for the city are as follows:

(1) Christmas;

(2) New Year’s;

(3) Good Friday;

(4) July 4;

(5) Labor Day;

(6) Thanksgiving and the day after Thanksgiving;

(7) Memorial Day; and

(8) Veterans' Day.

(B) Each employee shall receive a holiday for his or her birthday.
(Prior Code, § 14-40) (Am. Ord. passed 9-11-1989)
McGregor - Administration 20

§ 32.32 VACATION.
Vacations are set for the city employees as follows:
(A) One week after one year; and

(B) Two weeks after three years.
(Prior Code, § 14-41)

§ 32.33 SOCIAL SECURITY.
The City Council, acting for and on behalf of the city, may enter into all necessary agreements with
the Employees Retirement System of the state relative to federal laws. The Mayor may execute those
agreements for and on behalf of the City Council and the city. The Secretary shall make all necessary
assessments, collections, and reports therefor; sufficient money shall be allocated from available funds to carry out the provisions of these laws and set aside and maintained in the regular city depository and shall be known as the City Social Security Fund.
(Prior Code, § 14-16) (Ord. 13-69, passed - - )
Statutory reference:
City pensions, see Tex. Rev. Civ. Stat., Art. 6243a et seq.
Social security for municipal employees, see Tex. Gov’t Code, §§ 606.001 - 606.003 and 606.021
- 606.031
Texas Municipal Retirement System, see Tex. Gov’t Code, §§ 851.001 - 851.006
Workers’ compensation, see Tex. Rev. Civ. Stat., Art. 8306 et seq.

§ 32.34 TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS); ELECTION TO
PARTICIPATE; ADOPTION BY REFERENCE.
(A) On behalf of the city, the City Council hereby exercises its option and elects to have the city and
all of the employees of all departments now existing or hereafter established participate in the Texas
Municipal Retirement System as provided in Tex. Gov’t Code, §§ 851.001 - 851.006, and all of the
benefits and obligations of the system are hereby accepted as to the employees.
(Prior Code, § 14-26) (Ord. 19-60, passed - - )

(B) The city, by its City Council, hereby elects to have the employees of all participating departments
of the city (as defined in this division) participate in and be covered by the Supplemental Benefits Fund
of the Texas Municipal Retirement System, as provided by Tex. Gov’t Code, § 855.313 and Tex. Rev. Civ. Stat., Title 110B, § 65.408; and all the benefits and obligations of participation in the fund are hereby accepted by the city as to those employees.
(Prior Code, § 14-33)

(C) The city elects to participate in the supplemental death benefits fund of the Texas Municipal
Retirement System beginning with the date the fund shall be made operational, for the purpose of
Officers and Employees 21 providing in service death benefits in the amounts and on the terms provided for in Tex. Gov’t Code, §§ 854.601 - 854.605, 855.314, and 855.502, for each of the city’s employees who are members of the system; and for the purpose of providing post-retirement death benefits as provided in those sections for annuitants whose last covered employment was as an employee of this city.
(Prior Code, § 14-36)

(D) Ordinances effecting the plan for participation in the TMRS, employee contributions, updated
service credits, increases in benefits and retirement annuities, and any other applicable legislation of the
city and state are hereby adopted by reference into this code of ordinances as if fully set forth herein and
shall be kept on file in the office of the City Secretary.

§ 32.35 HEALTH BENEFITS FOR RETIREES.
(A) The following findings are incorporated into this section as findings of fact

(1) The city desires to provide health benefits coverage to its retirees;

(2) Texas Municipal League Group Benefits Risk Pool is a health risk pool established pursuant to Tex. Loc. Gov’t Code, Chapter 172, Tex. Gov’t Code, Chapter 791, and the Tex. Trust Code to provide health benefits coverage for employees and retirees, and dependents of employees and retirees, of the state’s political subdivisions under an interlocal agreement;

(3) The city desires to provide health benefits coverage to its retirees through the Texas Municipal League Group Benefits Risk Pool and that the cost for this coverage be paid for by the individual retiree;

(4) The city is currently offering health benefits coverage through the Texas Municipal League Group Benefits Risk Pool pursuant to interlocal agreement and Tex. Loc. Gov’t Code, Chapter 172, both of which would allow the extension of benefits to retirees of the city;

(5) The city desires to select a plan of benefits for its retirees to be provided by the Texas Municipal League Group Benefits Risk Pool; and

(6) Providing retirees coverage under the Texas Municipal League Group Benefits Risk Pool interlocal agreement is in the best interest of the city, its retirees, and the public generally.

(B) The city hereby elects to provide health benefits coverage to its retirees through Texas Municipal
League Group Benefits Risk Pool under the pool’s interlocal agreement.

(C) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

RETIREE. A member of the health plan for at least a year.

(D) The city hereby adopts the following benefit plans to be provided to its retirees through the Texas

Municipal League Group Benefits Risk Pool:

(1) The same medical plan(s) offered to active employees; and

(2) The medical plan adopted for retirees and their dependents.

(E) The interlocal agreement in effect between the city and the Texas Municipal League Group Benefits Risk Pool provides that the Board of Trustees may adopt rules and regulations. The rules and regulations of the Texas Municipal League Group Risk Pool allow the participating member entity to provide retiree medical coverage at the same contribution as charged to active employees. The city elects to have the retiree medical contribution be same as the active employee for as long as the TML-GBRP offers this rate structure for retiree medical coverage. Other coverages will be as established annually by the Texas Municipal League Group Benefits Risk Pool Board of Trustees.

(F) This section will only apply to individuals retiring after its effective date or to employees who retired under a previous ordinance. For individuals retiring after the effective date of this section to qualify, they must enroll for this coverage within 30 days of their retirement.

(G) This section may be repealed or modified at any time, but will remain in effect for any employee
retiring while it is in effect.
(Ord. 24-42, passed 9-14-1998)