Chapter 8: Personnel
A. Office of City Administrator Established
The office of City Administrator of the City of Electra is hereby established.
B. General Duties
The City Administrator shall attend each meeting of the City Commission, cause to be kept accurate minutes of the proceedings thereof, in a book to be provided for that purpose, engross and enroll all laws, resolutions, and ordinances of the City Commission, keep the corporate seal, take charge of and preserve and keep in order all books, records, papers, documents, and files of the City of Electra, and prepare all notices required under any regulation or ordinance of the City. The City Administrator shall draw all warrants on the treasury of the City, counter-sign the same, and keep an accurate record thereof. The City Administrator shall supervise the keeping of all books and regular accounts of receipts and disbursements of the City and, separately, under proper heading, each cause of receipt and disbursement, and also accounts with each person who has financial transactions with the City, crediting accounts allowed by proper authority, and specifying the particular transaction to which each such entry applies. The City Administrator shall keep a register of bonds and bills issued by the City and all evidence of debt due and payable to it, noting the details thereof, and all facts connected therewith, as each occur. The City Administrator shall carefully keep all contracts made by the City and he shall perform all such other duties as may be required of him by law, ordinance, resolution, or order of the City Commission.
C. Financial Responsibilities; Bonding
The City Administrator shall receive and securely keep all monies belonging to the City and make all payments for the same upon the order of the City Commission. The City Administrator shall render a full and correct statement of his receipts and payments to the City Commission at their first regular meeting each month, and at other times as required by them to do so. The City Administrator shall give bond in favor of the City in such amount and in such form as the City Commission may require, with sufficient security as approved by the City Commission, conditioned upon the faithful discharge of his duties.
D. General Management Authority
The City Administrator shall have full management authority over the various departments established by the City Commission. The term “management authority” is interpreted to mean that the City Administrator has the authority to execute any action which is to the furtherance and best interest of the City and includes, but is not limited to, personnel, purchasing, finances, budget planning, maintenance, and accounting, and any decision reasonably necessary for the day to day administration of the City. The City Administrator shall perform such other duties and exercise such other power and authority as may be prescribed and conferred by the City Commission.
E. Hiring and Firing Authority; Organizational Control
Except as provided by the Charter of the City of Electra, the City Administrator shall have full authority to employ and de-employ City employees. The City Administrator, with the advice and consent of the City Commission, shall have the authority to reorganize the present and future governmental and administrative departments of the City.
F. Conflicts with Laws and Ordinances
This section, or the office established hereby, shall not be interpreted so as to conflict with any existing or future laws governing home rule cities of the State of Texas, nor shall this ordinance be interpreted so as to supersede any prior ordinance delegating the authority described herein to any other person or persons.
G. Conflicts with Charter
This section, or the office established hereby, shall not be interpreted so as to conflict with the Charter of the City of Electra, or with the legal responsibilities contained in said Charter or in state law, of the Mayor or City Commission of the City of Electra. The chief executive officer of the City of Electra shall be the Mayor. The City Commission shall have full and complete authority to set all policies of the City of Electra.
H. Term of Office; Compensation
The City Administrator shall serve at the will and pleasure of the City Commission and shall receive for his services an annual salary, payable at regular intervals, and such additional benefits as the City Commission may allow.
(Ordinance No. 92-2 of August 11, 1992)
A. City Secretary to Also Serve as Treasurer
That effective July 1, 1976, there shall be appointed by a majority of the members of the City Commission, a City Secretary and Treasurer, with one person to hold both positions. Such office of City Secretary and the office of City Treasurer shall be combined as those offices are described in Section 5 and Section 6 of Article 8 of the Revised Charter of the City of Electra.
B. General Duties of City Secretary
The City Secretary shall work for and be accountable to the City Manager, and shall make such reports as may be required by the City Manager, and shall keep said City Manager advised at all times as to the funds on hand of said City, its various deposits, and all warrants issued by the City. All warrants issued by the City, in addition to the signature of the City Secretary, may bear the signature of either the Mayor or of the City Manager.
(Resolution of July 22, 1975, as amended by Resolution of June 22, 1976)
SEC. 3: RESERVE POLICE FORCE
A. Reserve Police Force Established
There is hereby established the Police Reserve Force of the City of Electra, Texas. The Police Reserve Force shall consist of such a number of members as to augment and assist the regular police force as deemed necessary by the Chief of Police.
B. Members to be Appointed at the Discretion of the Chief of Police with the Concurrence of the City Manager and the City Commission; Members to be Discharged at the Discretion of the Chief of Police with Concurrence of the City Manager
Members of the Police Reserve Force shall be appointed at the discretion of the Chief of Police with the concurrence of the City Manager and the City Commission and shall serve as police officers during the actual discharge of official duties. Members of the Police Reserve Force shall be discharged at the discretion of the Chief of Police with the concurrence of the City Manager. Reserve Police Officers shall act only in a supplementary capacity to the regular police force and shall in no case assume the full time duties of regular police officers.
(Ordinance No. 85-3 of April 9, 1985)
C. Reserve Force May be Called into Action Anytime by Police Chief
Members of the Police Reserve Force shall serve at the discretion of the Chief of Police and may be called into active service at any time the Chief of Police considers it necessary to have additional police officers to preserve the peace and enforce the law.
(Ordinance No. 80-3 of October 14, 1980)
Members of the Police Reserve Force shall be paid $1.00 per year.
(Ordinance No. 85-3 of April 9, 1985)
Uniforms and uniform compensation may be provided to the reserve police officers at the discretion of the Chief of Police and with the approval of the City Manager. The uniform compensation shall be based solely upon time served by the member of the police reserve while in training for or in the performance of official duties.
F. Medical Assistance May be Provided for Injuries; Death Benefits
The City of Electra may provide hospital and medical assistance to members of the Police Reserve Force who sustain injury in the course of performing official duties, in the same manner as provided by the City of Electra for its full time police officers, and reserve officers shall be eligible for death benefits as set out in Chapter 86, Acts of 60th Legislature, Regular Session 1967, as amended (Article 6228f V.T.C.S.) provided, however, that nothing in this section shall be construed to authorize or permit a member of the Police Reserve Force to become eligible for participation in any pension fund created pursuant to state statutes, to which regular officers may become a member by payroll deductions or otherwise.
G. Qualifications and Standards
(1) Reserve police officers must comply with the minimum training standards established by the Texas Commission on Law Enforcement Officers Standards and Education minimum standards established for all reserve law enforcement officers and identical to the standards so established which must be fulfilled before a person appointed as a reserve law enforcement officer may carry a weapon or otherwise act as a peace officer. The Chief of Police shall establish rules and regulations governing reserve police officers.
(2) The Chief of Police may establish minimum physical, mental, educational and moral standards as used by the regular police department, but in no case shall the standards be less than that established by the Texas Commission on Law Enforcement Officer Standards and Education.
H. Mayor May Still Summon Special Police Force
The creation of the Reserve Police Force shall not limit the power of the Mayor to summons into service a special police force as provided by Article 995 of the Revised Civil Statutes of Texas, 1925.
(Ordinance No. 80-3 of October 14, 1980)
I. Reserve Police Officers May Work Alone Only After Meeting Certain Criteria
Members of the Police Reserve Force may not work other than in the company of an on-duty regular member of the police force until all of the following requirements have been met:
(1) That member of the Police Reserve Force holds a temporary or permanent license as a reserve or regular police officer issued by the Texas Commission on Law Enforcement Officer Standards and Education; and
(2) That member of the Police Reserve Force has successfully completed a basic law enforcement officer course or basic reserve officer course as approved by the Texas Commission on Law Enforcement Officer Standards and Education; and
(3) That member of the Police Reserve Force has successfully completed a standardized departmental field training program, as approved by the Chief of Police; and
(4) That member of the Police Reserve Force has received approval to work alone, in writing, from the City Manager of the City of Electra.
(Ordinance No. 85-3 of April 9, 1985)
SEC. 4: PERSONNEL POLICIES ADOPTED
The personnel policies as adopted on April 27, 1976, and as amended, are hereby declared to be the official personnel policies for employees of the City of Electra, Texas, and said rules shall not supersede any rule or regulation for an employee set forth in the City Charter nor in any statute of the State of Texas. In all other respects, the rules and regulations set forth in said personnel policies, as included in this Code of Ordinances as Appendix A, shall hereafter be followed in all problems, relations, and procedures with respect to employees of the City of Electra.
(Ordinance of April 27, 1976, as amended July 26, 1983; November 8, 1983)
SEC. 5: EMPLOYEE AFFIRMATIVE ACTION PLAN
In compliance with the Department of Housing and Urban Development’s Community Development Block Grant program, the Employee Affirmative Action Plan, as included in this Code of Ordinances as Appendix B, is hereby adopted.
(Adopted April 12, 1983)
SEC. 6: EMPLOYEE BENEFIT TRUST FUND
A. Employee Benefit Trust Created
The agreement and declaration of trust, a copy of which is on file in the office of the City Secretary, and made a part hereto, establishing an Employee Benefit Trust for the City of Electra is hereby approved, and the members of the Trust Committee, hereinafter appointed, are authorized to execute the same for the City of Electra.
B. Appointment of Trustees
The City Administrator and Plan Administrator are hereby appointed as Trustees and shall be known as the Trust Committee.
C. Trust Committee Authorized to Utilize City of Electra Resources
Each Trustee and the Trust Committee as a whole is hereby authorized to utilize City of Electra resources in conducting the business of the Employee Benefit Trust. The Trust Committee may establish reasonable fees to be paid to the City of Electra for the use of such resources.
D. Transfer of Funds Authorized
The sum of $43,122.02 is hereby authorized to be transferred into the Electra Employee Benefit Trust Account No. 120-4566, from the following account numbers:
Account Number Amount Transferred
11-1-1600 $ 5,675.33
Fund 11 Total: $28,371.35
Account Number Amount Transferred
22-50-1600 $ 1,134.67
Fund 11 Total: $14,750.67
In order to accomplish the funding of the Employee Benefit Trust for the purposes expressed herein.
(Ordinance No. 93-1 of January 12, 1993)
SEC. 7: TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS)
A. Participation in Texas Municipal Retirement System
The City Council of the City of Electra, Texas, on behalf of said city, hereby exercises its option and elects to have the city and all of the employees of all departments now existing, and those hereafter created, participate in the Texas Municipal Retirement System as provided in the TMRS Act.
B. City Administrator to Notify TMRS Board of Trustees of City’s Participation
The City Administrator is hereby directed to notify the Board of Trustees of the Texas Municipal Retirement System that the city has elected to participate and have the employees of the City covered in said System.
C. Mandatory Participation by City Employees
Each person who becomes an employee of a participating city on or after the effective date of participation of such city, whose position shall require more than one thousand (1,000) hours per year, shall become a member of the Texas Municipal Retirement System as a condition of their employment.
D. Contribution Rate
In accordance with the provisions of the TMRS Act, the deposits to be made to the Texas Municipal Retirement System on account of current service of the employees of the several participating departments are hereby fixed at the rate of five percent (5%) of the full earnings of each employee of said departments.
E. Prior Service Credit
Each employee who qualifies for such credit shall be allowed “prior service credit” (as defined in Section 853.101 of the TMRS Act) at the rate of one hundred percent (100%) of the “base credit” of such member, calculated in the manner prescribed in Section 853.105 of said Act.
F. Current Service Annuity Contribution for Retirement
For each month of current service rendered to this city by each of its employees who are members of the Texas Municipal Retirement System, the city will contribute to the current service annuity reserve of each such member at the time of his or her retirement, a sum that is one hundred percent (100%) of such member’s accumulated deposits for such month of employment; and said sum shall be contributed from the city’s account in the municipality accumulation fund.
G. City Secretary to Remit City Contributions
The City Secretary is hereby directed to remit to the Board of Trustees of the Texas Municipal Retirement System, at its office in Austin, Texas, the city contributions to the System and the amounts which shall be deducted from the compensation or payroll of employees, all as required by said Board under the provisions of the TMRS Act, and the said official is hereby authorized and directed to ascertain and certify officially on behalf of this city the prior service rendered to the said municipality by each of the employees of the participating departments, and the average prior service compensation received by each of the employees of the participating departments, and the average prior service compensation received by each, and make and execute all prior service certifications and all other reports and certifications which may be required of the city under the provisions of the TMRS Act, or in compliance with the rules and regulations of the Board of Trustees of the Texas Municipal Retirement System.
H. Supplemental Death Benefits
The City hereby elects to participate in the Supplemental Death Benefits Fund of the Texas Municipal Retirement System for the purpose of providing in-service death benefits for each of the City’s employees who are members of said System, and for the purpose of providing post-retirement death benefits for annuitants whose last covered employment was as an employee of the City, in the amounts and on the terms provided for in Sections 852.004, 854.601 through 854.605, 855.313, 855.314, 855.408, and 855.502 of Title 8 Subtitle G of the Texas Government Code, as amended.
I. City to Notify TMRS Director
The City is hereby authorized and directed to notify the Director of the System of adoption of this section, and of the participation of the City in said fund.
J. Effective Date of Participation
The provisions of this section shall become effective on March 1, 1995.
(Ordinance 95-2 of February 28, 1995)
K. Authorization of Restricted Prior Service Credit
(1) On the terms and conditions set out in Sections 853.305 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended (hereinafter referred to as the “TMRS Act”), each member of the Texas Municipal Retirement System (hereinafter referred to as the “System”) who is now or who hereafter becomes an employee of this city shall receive restricted prior service credit for service previously performed as an employee of any incorporated city or town in the United States or of any Council of Governments in this state for which the person has not otherwise received credit service in this system, including combined service credit under Chapter 803. The service credit hereby granted may be used only to satisfy length of service requirements for retirement eligibility, has no monetary value in computing the annuity payments allowable to the member, and may not be used in other computations, including computation of Updated Service Credits.
(2) A member seeking to establish restricted prior service credit under this section must take the action required under said Section 853.305 while still an employee of this city.
(Ordinance No. 95-5 of July 25, 1995)
* Editor’s Note: At the discretion of the editor, the provisions pertaining to office of City Manager (Resolutions of July 22, 1975 and June 22, 1976) have been omitted and replaced with the provisions of Ordinance 92-2 pertaining to the office of City Administrator.