Sec. 17. Filling vacancies.

   Vacancies in the council arising from any cause shall be filled for the remainder of the unexpired term by a special election to be held on the next available date allowed by State law. (Prop. 7, 5-5-90)

Sec. 18. Recall and election to fill vacancy created; authorized; procedure.

   Any councilmember of this City may be recalled and removed from office by the voters qualified to elect such member. The procedure to remove Councilmembers shall be as follows:

   a.   A petition signed by qualified voters entitled to vote for a successor to the councilmember to be removed, equal in number to at least fifteen (15) per centum of the entire number of persons entitled to vote for such position, as appears from the appropriate voter registration list, demanding the recall of said Councilmember, shall be filed with the City Clerk; provided such petition shall contain a general statement of the grounds for which the removal is sought. The signatures to the petition need not all be appended to one paper, but signers shall add to their signatures their places of residence, giving the street and number. One of the signers to each of such papers shall make oath before an officer competent to administer oaths that each signature is that of the person whose name it purports to be. Within ten (10) days from the filing of such petition, the City Clerk shall examine the same and, from the list of qualified voters, ascertain whether or not said petition is signed by the requisite number of qualified voters and, if necessary, the council shall allow extra help for that purpose. The City Clerk shall attach to said petition a certificate showing the result of such examination. If, by the Clerk's certificate, the petition is shown to be insufficient, it may be amended within ten (10) days from the date of said certificate. The Clerk shall, within ten (10) days after such amendment is filed, in case one is filed, make like examination of the said amended petition and, if that certificate shall show same to be insufficient, it shall be returned to the person filing same without prejudice, however, to the filing of a new petition based upon new and different grounds, but not upon the same grounds. (Props. 1 and 8, 5-5-90)

   b.   If the petition is found sufficient, the City Clerk shall submit the same to the Council without delay, and the Council, in the event the Councilmember fails to resign, shall order the said election at the next possible date allowed by law; provided that, if an election is to be held within the City for any other purpose within sixty (60) days from the date of said certificate, then the said recall election shall be held on the same day. If the Councilmember in question resigns, no recall election shall be necessary and the vacancy shall be filled as in other cases of vacancies. (Prop. 1, 5-5-90)

   c.   If the majority of the votes cast at a recall election be for the recall of the Councilmember, the Council, upon canvassing of the ballots, shall immediately declare that position vacant and order a special election to fill it as provided for any vacancies herein. (Prop. 8, 5-5-90)

   d.   No recall petition shall be filed against Councilmembers during the first six months of their terms, and no Councilmember shall be subject to more than one recall election on the same grounds. (Prop. 8, 5-5-90)

   e.   Should the Council fail or refuse to order an election as herein provided for the recall of a Councilmember, when all the requirements for such election have been complied with by the petitioning citizens, in conformity with this Charter, then it shall be the duty of any one of the district judges of Smith County, Texas, upon proper application being made therefor, to order such election and to enforce the carrying into effect of the provisions of this Charter. (Prop. 1, 5-5-90)

Sec. 19. Law governing elections.

   All elections provided for in this charter shall be conducted and the results canvassed and announced by the election authorities. The general election laws of the State of Texas governing municipal elections, Federal law, and relevant court orders shall control in all municipal elections. (See federal court order in Cause = TY-75-74-CA, a copy of which is on file in the City Clerk's office.) (Props. 1 and 8, 5-5-90) (Combined with sec. 18)

ARTICLE III. CITY MANAGER; ADMINISTRATIVE ORGANIZATION

Sec. 20. Appointment, qualifications, compensation, removal of City Manager, designating acting City Manager.

   The Council shall appoint a City Manager who shall be the chief executive and administrative officer of the City. He shall be appointed solely on the basis of executive and administrative qualifications. No member of the Council shall be chosen as City Manager. The City Manager shall be appointed for an indefinite term, as hereinafter provided. The City Manager shall receive such compensation as may be fixed by the Council. The City Manager shall be removable at any time at the pleasure of the Council. If removed at any time after he has served six (6) months, he may demand written charges and the right to be heard thereon at a public meeting of the Council prior to the date on which his final removal shall take effect but, pending and during such hearing, the Council may suspend him from office. The action of the 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 for such suspension or removal in the Council. The Council may designate some other officer of the City to perform the duties of the City Manager during absence or disability. (Prop. 1, 5-5-90)

Sec. 21. Department heads; appointment, removal, qualifications.

   The City Manager shall be responsible to the Council for the proper administration of all affairs of the City and, to that end, shall make all appointments and removals of City Department Heads, subject to approval by the Council. Such appointments or removals may be disallowed by three-fifths (3/5) vote of the Council (formerly secs. 24, 25; see sec. 74). The City Manager shall make all appointments to other positions in the City service upon recommendations of Department Heads. (Props. 1, 5, and 9, 5-5-90)

   Department Heads shall in every case be chosen for their particular qualifications in the field of work assigned to them, and shall possess certain minimum requirements of training and experience, to be determined by the Council. (Props. 1 and 9, 5-5-90)

Sec. 22. Power and duties specifically of City Manager.

   The powers and duties of the City Manager shall be:

   a.   To assure that the laws and ordinances and policies are enforced;

   b.   To appoint and remove all Department Heads, subject to Council approval, all such appointments to be upon merit and fitness alone; to oversee and review the appointment and removal of all subordinate officers and employees in the departments, all such persons appointed to be qualified and suitable;

   c.   To exercise control over all departments and divisions created herein or that may be hereafter created;

   d.   To attend all meetings of the Council with the right to take part in the discussion but having no vote;

   e.   To recommend to the Council for adoption such measures as deemed necessary or expedient;

   f.   To keep the Council fully advised as to the financial condition and needs of the City; and

   g.   To prepare and submit the annual budget on the basis of estimates made by the departments;

   h.   To perform such other duties as may be prescribed by this Charter or be required by ordinances or resolutions of the Council. In no case (save when the Council is considering the removal of the City Manager) shall the Council act without first having asked the opinion of the City Manager on that point.

(Props. 1 and 9, 5-5-90)