Roles and Responsibilities of Officers In General Law Cities - Texas ...

( 7 ) Not have been deemed mentally incompetent by afinal judgment of a court.(Election Code Section 141.001; Local Government CodeSection 22.032 and 23.024).One additional requirement: If a Type A general law city hasbeen divided into wards, every council candidate must, atthe time of his or her election, be a resident of the ward heor she proposes to represent if elected. (Local GovernmentCode Section 22.032).Terms of OfficeIn a Type B general law city, the term of office for aldermenis one year, unless the board of aldermen has enacted an ordinanceproviding a two-year term for the mayor and twoyearoverlapping terms for aldermen (Local GovernmentCode Section 23.026). In a Type A general law city, theterm of office for members of the city council is two years(overlapping terms) (Local Government Code Section22.035).In any city, the term of office of members of the governingbody can be extended by ordinance to three years or fouryears upon approval of a majority of the voters voting at anelection called on the question (Texas Constitution, ArticleXI, Section 11).VacanciesIn a Type B general law city operating under the aldermanicform of government, vacancies on the board of aldermen—whatever the number of vacancies—are always filled by appointmentby the remaining members of the board (LocalGovernment Code Section 23.002).In a Type A general law city operating under the aldermanicform of government, when there is only one vacancy on thegoverning body, the vacancy can be filled either by appointmentof the city council or by means of a special election.However, if there are two or more vacancies on the governingbody, such vacancies must be filled at a special election(Local Government Code Section 22.010).In a city operating under the commission form of government(a Type C city), a single vacancy must be filled by appointmentby the two remaining members of the board ofcommissioners. But if there are two vacancies on the board,they must be filled at a special election called by the countyjudge (Local Government Code Section 24.026).AbsencesUnder Sections 22.038 and 22.041 of the Local GovernmentCode, an illness of an alderman or someone in his orher family is the only reason for absence from council meetingsin a Type A general law city. Unexcused absences arepunishable by a fine of $3 for each council meeting missed.If an alderman is absent for three consecutive regular meetings—unlessbecause of sickness or without first having obtaineda leave of absence at a regular meeting—his or heroffice shall be vacant.There is no law applicable to absences by aldermen in TypeB cities or members of the board of commissioners in municipalitiesoperating under the commission form of government(Type C cities). However, in cities over 500population, which operate under the commission form ofgovernment, Section 51.051 of the Local Government Code(relating to the application of laws to cities with the commissionform) would probably make Sections 22.038 and22.041 of the Local Government Code (relating to absences)applicable to such cities. Type B cities should contacttheir local legal counsel or the TML Legal Departmentto discuss this issue, as state law is unclear.RemovalProcedures for removing a councilmember from office in ageneral law city are the same as for the mayor.CompensationIn cities operating under the commission form of government,the board of commissioners may, by ordinance, fixcommissioners’ compensation at a maximum of $5 for eachregular commission meeting and $3 for each special meeting.Alternatively, the board of commissioners in a city of2,000 or greater population can provide for paying commissionersup to $600 per year (Local Government Code Section141.003).In Type A and B general law cities operating under the aldermanicform of government, no maximum salary amountis fixed for aldermen. Therefore, the governing body can setcouncilmembers’ compensation at any level it decides. Onlyone limitation exists: An alderman cannot receive the benefitof a pay increase adopted during the term for which he orshe is elected. Such increase will become effective onlyafter the next general municipal election at which the officeof the alderman serving at the time of the pay increase isfilled (Local Government Code Chapter 141).21