ORD 1121 02/06/2015 OF
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ORDINANCE NO. 1121
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS, AMENDING THE CITY'S CODE OF ORDINANCES BY
ESTABLISHING A NEW SECTION 2.101 WHICH SHALL PROVIDE
FOR THE ADOPTION OF RULES AND PROCEDURES FOR
INVESTIGATIONS AND HEARINGS CONDUCTED PURSUANT TO
SECTIONS 3.16 AND 14.10 OF THE CITY CHARTER; PROVIDING A
NEW SECTION 2.102 WHICH PRESCRIBES MONETARY PENALTIES
FOR CONTEMPT OF CITY COUNCIL AS REQUIRED BY THE CITY
CHARTER SECTIONS 3.16 AND 14.10, PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALING CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 14.10 (1) and Section 3.16 of the City Charter empowers City Council to
have the power to inquire into the official conduct of any department, agency, appointed boards,
office, officers, employees or appointed board members of the City; and
WHEREAS, Section 14.10 (2) (E) of the City Charter provides that City Council shall adopt
rules of procedures to be followed by ordinance, before conducting hearings under Section
14.10 (1); and
WHEREAS, Section 14.10 (1) and Section 3.16 of the City Charter further empowers City
Council, for the purpose of investigations and hearings, to administer oaths, subpoena
witnesses, compel the production of books, papers, and other evidence material to the inquiry;
and
WHEREAS, Section 14.10 (1) and Section 3.16 of the City Charter mandates that City
Council shall provide, by ordinance, penalties for contempt for failure or refusal to obey any
subpoena or produce any such books,papers or other evidence.
NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS:
Section 1
Findings adopted. The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
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Section 2
Section established. The City of Cibolo's Code of Municipal Ordinances is hereby amended by
establishing anew Sec. 2.101,which shall read as follows:
Sec. 2-101. - City Charter Section 14.10 Investigation and Hearings Rules and Procedures.
(a) Purpose. This section is adopted in compliance with the directive stated in City Charter
Section 14.10 (2) (E).
(b) Scope. This section shall address the process by which City Council shall conduct
investigations and hearings authorized by City Charter Sections 14.10 (2).
(c) Rules for conduct of hearing. At any hearing held under this section during the
investigation or disposition of a complaint, the following rules apply:
(i) General Rules.
A. Open Session. All hearings shall be conducted in open session of City Council,
except that City Council may conduct a closed session to receive advice from its
attorney pursuant to the Texas Open Meetings Act.
B. Special Called Meeting. A special meeting of City Council shall be called to hold
the hearing.
C. Public Comment. No public comment shall be allowed unless agreed to by a
majority vote of City Council. In the event that City Council determines to allow
public comment it shall set rules for public comments prior to the opening of the
hearing.
D. Council Participation. A member of City Council who is either the complainant
or respondent shall not sit at the dais during the hearing and shall not participate
in any deliberation or vote during the hearing. For the purposes of this Section,
the term City Council shall refer to members of City Council participating in the
hearing; and, action shall be taken on majority vote, unless a super majority is
prescribed by the City Charter.
E. Presiding Officer. The Mayor, or, in the event of the Mayor's unavailability, the
Mayor Pro Tem; or in the event of the Mayor Pro Tem's unavailability, a member
of City Council selected by a majority of City Council shall preside over the
hearing.
F. Respondent's Right of Appearance. The person charged (respondent) in the
complaint has the right to attend the hearing, the right to make a statement, the
right to present witnesses, and the right to be accompanied by legal counsel or
another advisor. Only legal counsel to the person charged in the complaint may
advise that person during the course of the hearing, but-may not speak on his or
her behalf, except with the permission of City Council or as prescribed in this
section.
G. The Complainant's Right of Appearance. The person making a charge
(complainant) has the right to attend the hearing, the right to make a statement,
and the right to be accompanied by legal counsel or another advisor. Only legal
counsel to the complainant may advise the complainant during the course of the
hearing, but may not speak on behalf of the complainant, except with the
permission of City Council or as prescribed by this section. Witnesses may not be
presented by the complainant, except with the permission of City Council.
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(ii) Procedures.
A. Opening Hearing. The Presiding officer shall open the hearing with an
announcement of the nature of the hearing and the reading of the complaint, or a
summary of the complaint, which shall include the allegations to be considered.
B. Investigation results. After opening the hearing the Presiding Officer shall call
for the presentation of the results of any investigation.
C. Complainant and Respondent Statements. After presentation of investigation
results the presiding officer shall call for statements. The complainant and the
respondent shall have ten minutes each to make a statement and statements may
be made by the complainant's or respondent's legal counsel. The complainant
shall precede the respondent when making statements.
D. Witnesses.
1. Witnesses may be offered by the respondent; witnesses may be offered by
complainant with the consent of City Council and any member of City
Council may offer witnesses.
2. Witness lists shall be offered to City Council by respondent; complainant and
members of City Council prior to the questioning of any witness. City
Council shall then vote as to which of complainant's witnesses, if any, may be
called to testify.
3. The presiding officer shall call witnesses from the witness list tendered by
respondent and members of City Council and those tendered by complainants
who were approved by City Council. Additional witnesses, offered by City
Council Members, may not be called unless approved by a majority of City
Council present.
4. All witnesses must be sworn and all questioning of witnesses shall be
conducted by the members of City Council.
5. Each member of Council shall be given an opportunity to offer questions to
the witnesses, as called upon by the presiding officer. After each member has
such opportunity the questioning of witnesses shall close unless City Council,
by majority vote, chose to allow additional rounds,of questioning.
6. Prior to questioning a witness may make a preliminary statement that shall
not exceed three minutes.
E. Modification of Rules. City Council may establish time limits, which diverge
from these rules, and other rules relating to the participation of any person in the
hearing as the particulars of each hearing dictate;provided that such rules are
imposed in a non-discriminatory manner as to the rights of the complainant and
respondent and are agreed upon by a majority of City Council prior to the
opening of the hearing.
* Deliberations. After the conclusion of the examination of witnesses City Council
shall deliberate the offered evidence.
1. In its deliberations City Council shall rely on evidence of which a reasonably
prudent person commonly relies in the conduct of the person's affairs. City
Council shall further abide by the following:
(a) City Council shall only consider evidence relevant to the allegations; and
(b) City Council shall not consider hearsay unless it finds the nature of the
information is reliable and useful.
G. Findings of Fact and Law. After deliberations City Council shall vote on
whether each allegation was proven true by a preponderance of the evidence, and
if true, the Section of the Charter that was violated.
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d
H. Disposition. After deliberations, City Council shall dispose of the matter in a
manner authorized by the City Charter, including, but not limited to Sections
14.06, 14.07 and 14.10; and disposition of the matter under the City Charter is
final.
Sec. 2-102. -Power to Subpoena Witnesses and Issue Contempt Orders.
(a) Purpose and scope. This section is adopted in compliance with the directive stated in
City Charter Sections 3.06 and 14.10 (1) (E) and shall prescribe the punishment City
Council may impose against any person who violates a subpoena of witnesses or for the
compelling of production of books,papers or other evidence.
(b) Subpoena Power. For the purpose of investigations and hearings, City Council shall
have the power to administer oaths, subpoena witnesses, compel the production of books,
papers, and other evidence material to the inquiry.
(c) Contempt Orders. City Council may impose a fine upon any person, whether or not an
official or employee of the City, who violates any subpoena, issued pursuant to the City
Charter and this Section, and such fine shall not exceed five hundred dollars ($500.00).
Section 3.
Conflicts repealed. All provisions of the Ordinances of the City of Cibolo, codified or
uncodified, in conflict with the provisions of this ordinance are hereby repealed, and all other
provisions of the Ordinances of the City of Cibolo, codified or uncodified, not in conflict with
the provisions of this ordinance, shall remain in full force and effect.
Section 4.
Savings. The repeal of any ordinance or part of ordinances affected by the enactment of this
ordinance shall not be construed as abandoning any action now pending under or by virtue of
such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to
accrue, or as affecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
Section 5.
Severability. It is the intention of City Council that this ordinance, and every provision thereof,
shall be considered severable, and the invalidity or unconstitutionality of any section, clause,
provision or portion of this ordinance shall not affect the validity or constitutionality of any other
provision of this ordinance.
Section 6.
This Ordinance shall become effective immediately upon its passage save and except subsection
(iii), entitled"Power to Subpoena Witnesses and Issue Contempt Orders", which shall become
effective after publication as required by law.
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v
PASSED AND APPROVED THIS ! DAY OF YJ G X2015.
APPROVED:
Lisa M. Jackson, or
ATTEST:
Peggy Cimics, TRMC
City Secretary
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