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Charter Review CommissionPage 2 of 37Meeting Date: November 11, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-572-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/1/2019Charter Review Commission
On agenda:Final action:
11/11/2019
Title:
Consider and take appropriate action regarding the October 28, 2019 Charter Review Commission
Minutes.
Attachments:
Draft Charter Review Commission Minutes October 28, 2019.pdf
DateVer.Action ByActionResult
Consider and take appropriate action regarding the October 28, 2019 Charter Review Commission Minutes.
Charter Review CommissionPage 3 of 37Meeting Date: November 11, 2019
TOWN OF TROPHY CLUB
CHARTER REVIEW COMMISSION MINUTES
TUESDAY, OCTOBER 28, 2019 7:00 P.M.
LOCATION: 1 TROPHY WOOD DRIVE, TROPHY CLUB, TEXAS
COUNCIL CHAMBERS
The Charter Review Commission of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, October
28, 2019. The meeting was held within the boundaries of the Town and was open to the public.
CHARTER REVIEW COMMISSIONERS PRESENT:
Dennis Sheridan Chairperson, Place 3
Rhylan Rowe Vice Chairperson, Place 5
Dave Edstrom Commissioner, Place 1
Timothy Patterson Commissioner, Place 2
Bruce Dale Commissioner, Place 4
Louis Opipare Commissioner, Place 7
Danny Mayer Commissioner, Place 8
Jared King Commissioner, Place 9
CHARTER REVIEW COMMISSIONERS ABSENT:
Kevin Carr Commissioner, Place 6
COUNCIL AND STAFF PRESENT:
Philip Shoffner Council Member, Place 6 - Council Liaison
Wade Carroll Acting Town Manager
David Dodd Town Attorney
Holly Fimbres Town Secretary/RMO
Chairperson Sheridan announced the date of October 28, 2019, called the Charter Review Commission to order
and announced a quorum at 7:00 p.m.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Commission on any matter whether or not it is posted on the
agenda. The Commission is not permitted to take action on or discuss any presentations made to the Commission
at this time concerning an item not listed on the agenda. The Commission will hear presentations on specific
agenda items prior to the Commission addressing those items.
There were no citizen presentations.
1. Consider and take appropriate action regarding the October 15, 2019 Charter Review Commission Minutes.
Motion:
Motion made by Commissioner Mayer, seconded by Vice Chairperson Rowe, to approve the October 15, 2019
Charter Review Commission minutes.
Motion carried unanimously 8-0-0.
2. Receive an update from the Staff Liaison, Town Manager Norwood, regarding direction from the Council at
their October 22, 2019 Council meeting.
Acting Town Manager Carroll stated that no action was taken at the October 22, 2019 Council meeting. The
Charter Review Council Liaison, Council Member Shoffner, notified the Council that it required a majority vote of
the Council to instruct the Commission to undertake a review of specific topics or Charter provisions. The Council
Charter Review CommissionPage 4 of 37Meeting Date: November 11, 2019
was made aware that a Council Member also had the ability to request their appointee on the Charter Review
Commission to discuss any potential topics.
Chairperson Sheridan noted that it was briefly discussed by the Council to appoint someone to a vacant Council
seat verses holding a special election. Since there was no majority vote on any topic, a Council Member could
request their appointee to bring up a topic to discuss or there was the ability for a Council Member to speak to the
Commission during one of their meetings.
3. Discussion of previous Charter Elections.
Chairperson Sheridan introduced this item and stated that the purpose of this item was to allow the ability to
review previous Charter Elections. He preferred to have the actual ballot language as opposed to the information
that was provided in the agenda packet, which included the ordinances that canvassed each past Charter Election.
Commissioner Edstrom remarked that he had information on prior Charter Elections and would distribute copies at
a later time.
4. Discussion of and take appropriate action regarding Article I, Form of Government & Boundaries, of the
Town of Trophy Club Charter.
Town Attorney Dodd advised that the annexation portion of the Charter did not need to be changed because it
already had the following language, pursuant to any law of the State of Texas now or hereinafter enacted. The
portion in Article II specific to eminent domain did not require any changes either.
Commissioner Opipare inquired who would be verifying that the Charter was in compliance with State law. Town
Attorney Dodd responded that he would do a broad scope review and then review the individual Articles as they
came up for discussion.
Chairperson Sheridan requested that future agenda packets have each Article broken out individually as opposed
to the entire Charter be attached to each Article discussion.
Motion:
Motion made by Vice Chairperson Rowe, seconded by Commissioner Opipare, to move Article I without any
recommended changes.
Motion carried unanimously 8-0-0.
5. Discussion of and take appropriate action regarding Article II, Powers of the Town, of the Town of Trophy
Club Charter.
Chairperson Sheridan acknowledged that Town Attorney Dodd previously mentioned that there was no need to
change eminent domain. He commented that he did not like eminent domain without restrictions.
There was no further discussion on this Article.
Motion:
Motion made by Commissioner Mayer, seconded by Commissioner Dale, to approve Article II with no changes.
Motion carried unanimously 8-0-0.
Charter Review Commission Minutes October 28, 2019 Page 2 of 9
Charter Review CommissionPage 5 of 37Meeting Date: November 11, 2019
6. Discussion of and take appropriate action regarding Article III, The Council, of the Town of Trophy Club
Charter.
Commissioner Mayer brought up Section 3.05, Compensation, and mentioned there have been past discussions on
this topic. If this item was an area of concern to anyone, it could be possible to pay the Council $1 per year in
order to address this conflict that comes up from time to time. He mentioned that there was a previous
movement to remove Greg Wilson from the Economic Development Corporation (EDC) 4B because he was elected
to serve on the Trophy Club Municipal Utility District (TCMUD) No. 1 Board of Directors, but since neither was a
paid position, the State allowed him to remain on EDC 4B. He was unaware of any requirement that would
prevent a Council Member from also sitting on the TCMUD No. 1 Board of Directors.
Town Attorney Dodd remarked there could be a conflict in that situation because those were both elected
positions and could potentially deal with the same issues. There was a prohibition if one position was paid verses
the other and if they were dealing with the same issues.
Vice Chairperson Rowe mentioned that Number 7 within Section 3.02, Qualifications, identified that “If any sitting
Council Member files to become a candidate for another public office, he shall resign his current seat upon filing
for the new office.”
Commissioner Edstrom commented that if they considered compensation, they should not consider paying the
Council a great deal, but it was worthwhile to give some kind of a token payment for their attendance at each
Council meeting.
Commissioner Mayer remarked that as a previous Council Member, he felt it was a volunteer service and added
that the TCMUD No. 1 Board of Directors received opposition for being paid $100 for each meeting.
Commissioner Opipare cautioned that paying a Council Member per meeting could become costly if a situation
arose where multiple special sessions were called because of litigation matters, but he did feel that the Council
puts forth a great deal of time.
Commissioner King inquired if there were statistics for what percentage of cities paid their Council’s in Texas.
Acting Town Manager Carroll responded that Staff did not have that information in hand if it existed.
Chairperson Sheridan asked if any of the surrounding towns or cities paid their Council. Town Attorney Dodd
responded that he was not aware of any and that typically a city the size of Dallas and Fort Worth would pay their
Council.
Vice Chairperson Rowe commented that based on principle, he would be opposed to compensation because it
could create additional misconceptions about Town government. He reminded the Commission that any of their
recommendations would have to pass through Council and then be sent to the voters.
Commissioner King inquired if there was a way to reimburse Commissioners for having to use their personal data
plan to open and view the agenda packet, with the current agenda packet having a file size of 25 MB. Council
Member Shoffner responded that incurred expenses could be reimbursed and he added that he would not want
compensation to serve on Council.
Commissioner Mayer brought up subsection (b) of Section 3.20, Conflict of Interest and Abstention, which
addressed that if a Council Member abstained from voting it would be recorded as a negative vote in the minutes.
He believed that it should be recorded properly as an abstention in the minutes and not as a negative vote.
Vice Chairperson Rowe agreed with Commissioner Mayer. He mentioned that if this subsection were struck, then
there would be no specificity for how it would be reflected in the minutes. Town Attorney Dodd responded that
was correct unless it were addressed in the Meetings and Rules of Procedure.
Charter Review Commission Minutes October 28, 2019 Page 3 of 9
Charter Review CommissionPage 6 of 37Meeting Date: November 11, 2019
Chairperson Sheridan inquired if this was required from State law. Town Attorney Dodd responded that it was not
required according to State law. He advised that it could read that Council shall adopt Meetings and Rules of
Procedure; therefore leaving out the specifics in the Charter.
Vice Chairperson Rowe pointed out that as the Commission moves through each Article, there may be sections
that are more granular than they should be and it may be appropriate to make those sections more general.
Commissioner Edstrom understood why a person with a conflict would abstain but he did not understand what
kind of circumstances there would be that a Council Member could not vote on a measure.
Vice Chairperson Rowe provided an example that when the State Highway 114 sound wall was being finalized, the
Texas Department of Transportation came before the Council with options. There were several residents that
were not happy with any of the options so he abstained.
Chairperson Sheridan added that the Town had guidelines that defined a conflict of interest. He gave an example
that when he served on the Planning and Zoning, he was upfront when Mehrdad was developing the Highlands
because he had previous dealings with Mehrdad’s company since he had been a real estate broker.
Commissioner Edstrom wanted to better understand why someone would abstain and what the purpose was.
Commissioner Mayer remarked that he has seen Council Members abstain because they did not want to be on
record voting for or against a hot topic.
Vice Chairperson Rowe pointed out that the issue being discussed was how an abstention vote was being recorded
in the minutes.
Commissioner Opipare supported removing subsection (b) within Section 3.20.
Commissioner Mayer moved on to Section 3.19, Investigative Powers of the Council, and stated that the portion
that read “The Council, by the affirmative vote of a quorum,” was in conflict with another portion of the Charter
that says to approve anything, it required a majority of the Council to approve and not the majority of the quorum.
In his opinion, if a hot topic were presented a Council Member may not attend because they did not want to be
recorded with a positive or negative vote. The rule that required four votes to approve something should be
amended that an item could be approved by the majority of the quorum.
Council Member Shoffner agreed that this was an item that should be reviewed because of Council resignations.
There was a point where the Council was down by two Council Members; therefore four out of the five Council
Members had to vote affirmatively for an item to pass.
Town Attorney Dodd stated that based on the conversation, it appeared that Section 3.12, Quorum, where it read
“no action of the Council shall be valid or binding unless adopted by the affirmative vote of four (4) or more
members of the Council” would need to be amended if that was the direction of the Commission.
Vice Chairperson Rowe cautioned that an unintentional consequence to this change could be running a risk to
manipulate a discussion or decision. While he was on Council, there was a point the Council was united and there
was a sensitive item where a Council Member wanted to pick the item up at the next meeting but was unable to
make that meeting due to family concerns. Enough Council Members were able to place the item on the agenda
and that Council Member was consciously left out of the discussion. If that type of situation occurred on a united
Council it could occur on a divided Council.
Acting Town Manager Carroll pointed that pursuant to Section 3.10, Special Meetings, only three members of the
Council could call a special meeting.
Charter Review Commission Minutes October 28, 2019 Page 4 of 9
Charter Review CommissionPage 7 of 37Meeting Date: November 11, 2019
Commissioner Mayer added that now, any Council Member could be video conferenced into the meeting if they
were not able to physically attend a meeting. He strongly urged the Commission to consider amending Section
3.12 to require a majority of the quorum attending verses requiring four affirmative votes.
Commissioner King agreed with Commissioner Mayer to remove the required four affirmative votes because there
could be items that were time sensitive and need to be considered in a timely manner.
Commissioner Opipare brought up Section 3.02, Qualifications, specific to Number 7, to make it gender neutral.
Chairperson Sheridan commented that a gender neutral definition could be added to the beginning of the Charter.
Town Attorney Dodd remarked that he would have to review appropriate examples to be used.
Commissioner Patterson suggested using broad terms such as “this member”.
Commissioner Opipare believed that the brackets should be removed from the title for Section 3.03, Number,
Selection, Term\[,\] Council Judge of Election of Members.” Town Attorney Dodd responded that could be treated
as a scrivener’s error to remove the brackets. Additionally, he would review the ability to use the scrivener’s error
exception to change the masculine words to gender neutral, such as “he” to “member”.
Commissioner Opipare suggested adding “the current code” in subsection (g) of Section 3.08, Powers of the
Council, instead of just stating “Adopt and modify the zoning plan, and a building code, including electrical and
plumbing codes, of and for the Town; and to require building permits”. Town Attorney Dodd responded that could
potentially remove the ability to make amendments to the codes where needed, which usually the North Central
Texas Council of Governments provides the Town with recommended amendments to current codes.
Vice Chairperson Rowe reiterated his support for how an abstention vote should be recorded. Regarding the
discussion on the number of votes required for Council, he could see both sides, but his intuition and preference
would be to stay with the four affirmative votes. His pause would be how the ballot language would be worded
because to the voters it could appear to be a change to require a fewer number of votes to get something passed.
Commissioner Dale inquired about an evaluation of the long term goals referenced in subsection (d) of Section
3.08, Powers of the Council, “Develop long term goals for the Town and strategies to implement goals”.
Council Member Shoffner believed that the accountability would be at the polling site.
Commissioner Edstrom remarked that it was difficult to effectively communicate the goals to the residents.
Commissioner Mayer commented that when he was on Council, each year they reviewed and updated the strategy
map with accomplishments and goals, which would be recorded in the minutes and captured in the Council videos.
He felt that the current Council did an excellent job of setting, measuring, and recording the goals.
Acting Town Manager Carroll stated that the Town Manager reports those goals each year at the Council Retreat in
January and the communication piece could be addressed with the Communications and Marketing Manager to
increase resident awareness.
Vice Chairperson Rowe added that the Mayor has an annual State of the Town Address, which captures the goals
for the Town, given during a Council meeting.
Commissioner Dale asked it was required to have an official newspaper as referenced in subsection (v) of Section
3.08, Powers of the Council. Town Attorney Dodd responded that State law required the Town to have an official
newspaper for publishing purposes.
Charter Review Commission Minutes October 28, 2019 Page 5 of 9
Charter Review CommissionPage 8 of 37Meeting Date: November 11, 2019
Commissioner Dale inquired about the remedy if a Council Member did not follow Section 3.13, Interference in
Town Manager Appointments and Removals or Duties.
Vice Chairperson Rowe commented that for him, he viewed Section 3.13 as how the Town Manager determines to
do his job. The Town Manager should know how to handle a situation like that and how to properly address or
deal with an issue
Commissioner Mayer remarked that a strong Town Manager would protect their people. The Town Manager he
worked with while serving on Council, did not want the Council communicating with staff without going through
the Town Manager. The Council could always communicate with the Town Manager, Town Attorney, or Town
Secretary.
Discussion took place among the Commission that an experienced Town Manager would know the difference
between a conversation and direction.
Town Attorney Dodd advised that Section 11.14, Code of Ethics and Conduct; Ethics Commission, would address
the question specific to the remedy.
Acting Town Manager Carroll added that there was also protection through subsection (b) of Section 4.05, Powers
and Duties, that spell out that the Town Manager was the only one authorized to remove an employee.
Commissioner Edstrom stated that the Town Manager’s protection would also be in their contract.
Commissioner Patterson brought up Section 3.04, Vacancies, Forfeiture of Office, Filling of Vacancies, and stated
that there was no direction with respect to a short term vacancy. He was an attorney and had worked with
respected Town boards in Tennessee and Indiana and those entities allowed for a vacancy to remain vacant for a
certain amount of months before the next election. He was mentioning this because of recent concerns and this
could possibly help with unnecessary special elections and associated costs. Town Attorney Dodd responded that
there was a wide range on how to fill the position.
Vice Chairperson Rowe remarked that the 120 days to hold a special election after a vacancy occurs appeared to
be in accordance with the Texas Constitution.
Town Attorney Dodd added that a process could be created for procedures to fill vacancies. There were different
requirements for holding an election, such as resign-to-run versus a resignation. A process could be created to
allow for appointments to be made to fill a vacancy for an unexpired term of 12 months or less.
Vice Chairperson Rowe was not in favor of making appointments but he would be in favor of making sure
vacancies were filled on a uniform election date in May or November, except where State law prohibited.
Commissioner King brought up that subsection (7) of Section 3.02, Qualifications, was less restrictive than the
Texas Constitution dealing with a resign-to-run because the Charter bases it off when a Council Member files to
become a candidate for another public office and the Texas Constitution was when that person announces for
another public office.
Town Attorney Dodd advised that he would review subsections (c) and (d) of Section 3.04, Vacancies, Forfeiture of
Office, Filling of Vacancies, for the ability to change 120 days to 200 days in order to allow a vacancy to be placed
on the next uniform election date.
Town Secretary Fimbres explained that elections were a shared cost between the entities holding an election in
May and November. Most municipalities hold their general elections in May; therefore November elections could
potentially be more costly when there were no Constitutional amendments, etc.
Charter Review Commission Minutes October 28, 2019 Page 6 of 9
Charter Review CommissionPage 9 of 37Meeting Date: November 11, 2019
Commissioner Mayer was strongly opposed to appointing a Council Member and believed that decision needed to
be sent to the voters. A person who was appointed could potentially have a leg up at the next election.
Council Member Shoffner added that there were Council Members that did not agree to appointments when it
was discussed at their October 22, 2019 meeting.
Commissioner Edstrom brought up the statement under number 4, within subsection (b), of Section 3.04,
Vacancies, Forfeiture of Office, Filling of Vacancies. He inquired if the Council Member forfeiting office was a
voting member specific to where it states “The Council shall, by an affirmative 3/4 vote of the entire membership,
be the judge in matters involving forfeiture of office by a Councilmember or the Mayor.” Vice Chairperson Rowe
responded that he would assume that the Council Member would still have the ability to vote.
Commissioner Edstrom requested the Commission to consider eliminating subsections (i) and (k) of Section 3.08,
Powers of the Council. He commented that the Town did not have slum districts or blighted areas as mentioned in
subsection (i): Adopt, modify and carry out plans proposed by the Town Planning and Zoning Commission for the
clearance of slum districts and rehabilitation of blighted areas.
Commissioner Mayer commented that it could be beneficial for the Planning and Zoning Commission to review
opportunities to present to Council areas of Town that could be rejuvenated and offer those residents a tax credit
to help update their homes.
Commissioner Edstrom commented that there may be an opportunity for that in the future. He believed that was
a separate issue and not related to blighted areas.
Vice Chairperson Rowe agreed with Commissioner Edstrom because this subsection did not limit or grant anything
that State law did not already cover.
Commissioner Edstrom requested to delete subsection (k), Regulate, license and fix the charges or fares made by
any person, firm or corporation owning, operating or controlling any vehicle of any character used for the carrying
of passengers for hire or the transportation of freight for hire on the public streets and alleys of the Town. His
reasoning was that this was not something the Town could control and there was no way to locate those
individuals transporting people.
Town Attorney Dodd remarked that he would need to research if there was any use to this from the stand point of
Uber services or party buses, etc.
Commissioner Edstrom discussed subsection (m) of Section 3.08, Powers of the Council, regarding sanitary sewer
and water system. This appeared to be in conflict with the TCMUD No. 1’s responsibility. He commented that the
TCMUD No. 1 had $15 million in debt to be paid off in 2035 and the Town needed to absorb the TCMUD No. 1.
Chairperson Sheridan was not in favor of delimiting the TCMUD No. 1 and was in favor of keeping this subsection
for enforcement purposes.
Commissioners Opipare and King agreed to keep subsection (m).
Commissioner Mayer commented that the Town provided sanitary sewer and water service for the Public
Improvement District (PID) residents through a PID tax, but this service was contracted to the TCMUD No. 1. The
TCMUD No. 1 would eventually be absorbed by the Town once the TCMUD No. 1 debt was paid.
Chairperson Sheridan brought up Section 3.06, Mayor, and asked if the Mayor needed the right to vote, except in
cases of a tie vote.
Charter Review Commission Minutes October 28, 2019 Page 7 of 9
Charter Review CommissionPage 10 of 37Meeting Date: November 11, 2019
Vice Chairperson Rowe and Commissioners Mayer, Opipare, and Edstrom agreed that the Mayor should have the
right to vote.
Chairperson Sheridan brought up subsection (u) of Section 3.08, Powers of the Council, that gives the Mayor or
their delegate the extraordinary and total executive powers during any public disaster. He asked if there was a
definition for a major public disaster. Acting Town Manager Carroll responded that the State of Texas defined
what a major public disaster would be.
Commissioner King mentioned that if the Commission proceeded with amending Section 3.12, Quorum, to be able
to approve items by a majority vote of the quorum, then subsection (b) of Section 3.16, Procedure for Enacting
Ordinances and Resolutions; Publications, should be reviewed to mirror the same change.
Chairperson Sheridan remarked that if they changed the wording in one section then they would have to be aware
that it could require changes in other sections dealing with similar matters.
Commissioner Edstrom brought up Section 3.22, Term Limits, and stated that this takes away a voter’s right to vote
for an individual. In a small community like Trophy Club there was not a value to have term limits.
Vice Chairperson Rowe commented that those were the same principles he based the removing term limits in
2015, but based on the votes this appeared to be an item the residents did not want removed.
Commissioner King agreed with moving forward with changing Section 3.12, Quorum, to be able to approve items
by a majority vote of the quorum because there could be instances in the future where an important decision
would need to be made promptly. Additionally, he would not recommend removing term limits.
Vice Chairperson Rowe commented that a review needed to be done on items that required a super majority vote
and whether those items were mandated by State law or local government law.
Motion:
Motion made by Chairperson Sheridan, seconded by Commissioner Patterson, to consider further discussion on
Article III specific to Section 3.05, Compensation; Section 3.20 (b), Abstention; Section 3.19, relating to a quorum;
add a gender neutral phrase at the beginning; Section 3.04 (c) and (d) relating to timing; and Section 3.08 (i) and (k)
to delete.
Motion carried unanimously 8-0-0.
7. Discussion of and take appropriate action regarding future agendas.
· Article IV - Administrative Services
· Article V - Nominations and Elections
· Article VI - Recall
· Article VII - Legislation By The People, Initiative and Referendum
· Article VIII - Municipal Planning and Zoning
· Article IX - Budget, Finance and Taxation
· Article X - Franchise and Public Utilities
· Article XI - General Provisions
· Article XII - Transitional Provisions
Chairperson Sheridan advised that this item was to allow discussion of items on future agendas.
Charter Review Commission Minutes October 28, 2019 Page 8 of 9
Charter Review CommissionPage 11 of 37Meeting Date: November 11, 2019
ADJOURNMENT
Motion:
Motion made by Vice Chairperson Rowe, seconded by Commissioner King, to adjourn the meeting at 8:56 p.m.
Motion carried unanimously 8-0-0.
___________________________________ ___________________________________
Holly Fimbres, Town Secretary Dennis Sheridan, Chairperson
Town of Trophy Club, Texas Town of Trophy Club, Texas
Charter Review Commission Minutes October 28, 2019 Page 9 of 9
Charter Review CommissionPage 12 of 37Meeting Date: November 11, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-573-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/1/2019Charter Review Commission
On agenda:Final action:
11/11/2019
Title:
Discussion of and take appropriate action regarding Article IV, Administrative Services, of the Town of
Trophy Club Charter.
Attachments:
Article IV - Administrative Services.pdf
DateVer.Action ByActionResult
DiscussionofandtakeappropriateactionregardingArticleIV,AdministrativeServices,oftheTownofTrophyClub
Charter.
Charter Review CommissionPage 13 of 37Meeting Date: November 11, 2019
Article IV. Administrative Services.......................................................................................C-18
4.01 Administrative Departments................................................................................C-18
4.02 Town Manager - Appointment and Qualifications..............................................C-18
4.03 Compensation......................................................................................................C-18
4.04 Term and Removal..............................................................................................C-18
4.05 Powers and Duties...............................................................................................C-19
4.06 Acting Town Manager.........................................................................................C-20
4.07 Town Secretary....................................................................................................C-20
4.08 Duties of the Town Secretary..............................................................................C-20
4.09 Compensation......................................................................................................C-21
4.10 Municipal Court...................................................................................................C-21
4.11 Judge of Court.....................................................................................................C-21
4.12 Clerk of the Court................................................................................................C-21
4.13 Fines....................................................................................................................C-21
4.14 Town Attorney - Appointment & Qualifications.................................................C-22
4.15 Professional Services...........................................................................................C-22
4.16 Town Boards, Commissions and Corporations...................................................C-22
4.17 Personal Financial Interest...................................................................................C-22
4.18 Accepting Gifts, Etc............................................................................................C-23
Charter Review CommissionPage 14 of 37Meeting Date: November 11, 2019
*
Article IV. Administrative Services
4.01 Administrative Departments
Administrative departments shall be established by the Town Manager. The head of each
department shall be appointed by the Town Manager and shall be subject to the direction and
supervision of the Town Manager.
4.02 Town Manager - Appointment and Qualifications
(a) The Council shall appoint a Town Manager, who shall be the chief administrative officer of
the Town.
(b) The method of selection shall be left to the discretion of the Council so long as the method
insures orderly, non-partisan action toward securing a competent and qualified person to fill the
position. The Town Manager shall be chosen upon the basis of administrative training,
experience, ability, character and other such professional qualifications as determined appropriate
by Council.
(c) Neither the Mayor nor any Councilmember may be appointed Town Manager or acting
Town Manager while holding office or for a period of two (2) years thereafter.
(d) The Town Manager shall establish residency in the Town unless excused by Council.
(Subsection (a) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12,
adopted 5/18/09)
4.03 Compensation
The Town Manager shall receive compensation as may be fixed by the Council.
State law referenceCompensation of officers in home-rule municipality, V.T.C.A., Local Government
Code, sec. 141.004.
4.04 Term and Removal
The Town Manager shall not be appointed for a definite term but may be removed at the
discretion of the Council by majority vote of the Council. Such action taken by Council shall be
done in accordance with the personnel policies of the Town applicable to at-will employees. The
action of the Council in suspending or removing the Town Manager shall be final. It is the
intention of this Charter to vest all authority and fix all responsibilities of such suspension or
removal in the Council.
*
State law referenceCreation of municipal offices, V.T.C.A., Local Government Code, sec. 26.041.
Charter Review CommissionPage 15 of 37Meeting Date: November 11, 2019
4.05 Powers and Duties
The Town Manager shall be the chief administrative officer and head of the administrative branch
of the Town. He shall be responsible to the Council for the proper administration of all the affairs
of the Town and to that end shall have the power and be required to:
(a) Oversee the effective enforcement of all applicable laws and ordinances, implement
the directives and policies established by Council and oversee the administration of
contracts and franchises to ensure compliance with the terms approved by Council;
(b) Appoint, suspend and/or remove all or any one of the heads of departments and all
subordinate officers and employees of the Town in accordance with applicable laws
and policies. The Town Manager may authorize any administrative officer subject to
the Managers direction and supervision to exercise these powers with respect to
subordinates in that officers department, office or agency;
(c) Direct and supervise the administration of all departments;
(d) Attend all meetings of the Council, except when excused by the Council. The Town
Manager shall have the right to take part in discussion but shall not vote;
(e) Prepare and submit the annual budget and capital program to the Town Council, and
implement the final budget approved by Council to achieve the goals of the Town;
(f) On an annual basis, submit to the Town Council and make available to the public a
complete report on the finances and administrative activities of the Towns prior
fiscal year;
(g) Keep the Town Council fully advised as to the financial condition and future needs of
the Town;
(h) Make recommendations to the Council concerning affairs of the Town and facilitate
the work of the Council in developing policy;
(i) Provide staff support services for the Mayor and Councilmembers;
(j) Assist the Council in developing goals and strategies for the next fiscal period;
(k) Assist the Council to develop long term goals for the Town and develop strategies to
implement those goals;
(l) Encourage and provide staff support for regional and intergovernmental cooperation;
(m) Promote partnerships among Council, Staff and citizens in developing public policy
and building a sense of community;
(n) Perform such other duties as may be prescribed by Council, by this Charter, by
ordinance or other law; and,
Charter Review CommissionPage 16 of 37Meeting Date: November 11, 2019
(o) Recommend to the Council rules and regulations to be adopted by ordinances to
protect the safety and security of the municipal records.
(Subsections (f), (g), (j) and (k) added and subsections (f), (g), (h), (i), (j) and (k) renumbered to
(h), (i), (l), (m) (n) and (o) by May 9, 2009 election, effected by Ordinance 2009-12, prop. 19,
adopted 5/18/09. Subsection (f) amended by May 11, 2013 election, effected by Ordinance 2013-
15, prop. 9, adopted 5/21/13. Subsection (o) amended by May 11, 2013 election, effected by
Ordinance 2013-15, prop. 10, adopted 5/21/13)
4.06 Acting Town Manager
(a) The Town Manager, within thirty (30) days after taking office, shall designate, by letter
filed with the Town Secretary, a qualified administrative officer of the Town to perform the
duties of the Town Manager in his absence or disability. Such designation shall be subject to
approval of the Council. No member of the Council shall serve as Acting Town Manager. Upon
resignation or termination of the Town Manager, the Acting Town Manager shall perform the
duties of the Town Manager until a new Town Manager or Acting Town Manager is appointed by
the Council.
(b) Should the need for an Acting Town Manager occur prior to the Town Manager submitting
a designee or prior to the Councils approval of the Town Managers designee, the Council shall
appoint an Acting Town Manager.
(c) The Town Manager may select a different Acting Town Manager by repeating the letter of
designation and obtaining the Councils approval for designation of a new Acting Town Manager.
4.07 Town Secretary
The Council shall appoint a Town Secretary who shall act as the Secretary to the Council and
shall hold office at the pleasure of the Council. He shall be entitled to a seat at the Council table
at all official meetings.
(Section 4.07 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12,
adopted 5/18/09)
4.08 Duties of the Town Secretary
The Town Secretary shall:
(a) Record the minutes of all official meetings of the Council; provided, however, only
the captions of duly enacted ordinances and resolutions shall be recorded in the
minutes;
(b) Hold and maintain the Town Seal and affix to all instruments requiring such seal;
(c) Verify the sufficiency of any petition for recall, initiative, or referendum based upon
the requirements of this Charter and all applicable laws; and,
(d) Be the custodian of all municipal records of the Town; and
Charter Review CommissionPage 17 of 37Meeting Date: November 11, 2019
(e) Perform such other duties as may be required by the Council, the Town Manager, this
Charter or the laws of the State of Texas.
(Subsection (e) (renumbered to subsection (d)) added by May 11, 2013 election, effected by
Ordinance 2013-15, prop. 10, adopted 5/21/13; subsections (d) and (e) renumbered by Ordinance
2015-43, sec. 2.01, adopted 12/8/15)
4.09 Compensation
The Council shall set the compensation of the Town Secretary. The authority to set compensation
may be delegated at the discretion of Council.
4.10 Municipal Court
There shall be a court designated to serve the Town as the Municipal Court for the trial of
misdemeanor offenses, with all such powers and duties as are now, or may hereafter be,
prescribed by laws of the State of Texas relative to Municipal Courts.
(Section 4.10 amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 11,
adopted 5/21/13)
4.11 Judge of Court
The Council shall by ordinance appoint one or more Judges of the Municipal Court. A Judge shall
be a resident of this state, be a citizen of the United States, a licensed attorney in good standing,
licensed to practice in the State of Texas and must have two (2) or more years of experience in
practicing law in this state.
(Section 4.11 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12,
adopted 5/18/09)
4.12 Clerk of the Court
The Council shall by ordinance provide for the appointment and oversight of a Clerk, Deputy
Clerk and such other personnel that the Council determines appropriate to serve the Municipal
Court of the Town. The duties and authority of all Court personnel shall be in accordance with
state law and Town ordinance.
(Section 4.12 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12,
adopted 5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 12, adopted
5/21/13)
4.13 Fines
All costs and fines imposed by the Municipal Court shall be paid to the Town general fund for the
use and benefit of the Town, unless otherwise required by State law.
Charter Review CommissionPage 18 of 37Meeting Date: November 11, 2019
4.14 Town Attorney - Appointment & Qualifications
The Council shall appoint an attorney licensed and in good standing to practice in the State of
Texas as the Town Attorney. He shall serve at the discretion of the Council and he shall receive
for his services such compensation as may be fixed by the Council. The authority to set
compensation may be delegated at the discretion of Council.
(Section 4.14 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12,
adopted 5/18/09)
4.15 Professional Services
The Council may employ such professional consultants, including engineers, planners, architects
or others whom it finds appropriate and in the best interest of the Town to engage. The Council
may fix the compensation of such professionals and work directly with them or direct that they
work with the Town Manager or his designee. The authority to set compensation may be
delegated at the discretion of Council.
4.16 Town Boards, Commissions and Corporations
(a) Members of boards, commissions and corporations appointed by the Town shall serve
without compensation, provided, however, that they shall be entitled to reimbursement of any
necessary expenses incurred in the performance of their official duties, when approved by
Council or their designee.
(b) A person who holds a paid or elected position with the Town is not eligible to serve on a
board, commission or corporation.
(c) All boards, commissions and corporations shall maintain minutes of their meetings which
shall be public records and which indicate, at a minimum, the members present, the subject of
matters considered and the result of any vote taken. The minutes shall also indicate how each
member voted on each matter.
4.17 Personal Financial Interest
Any officer or employee who has any substantial financial interest, direct or indirect, or by reason
of ownership of stock or shares of a business entity, or in any contract with the Town, or in the
sale of any land, material, supplies or services to the Town or to a contractor supplying the Town
shall make known that interest and shall refrain from voting upon or otherwise participating in his
capacity as a Town officer or employee in the making of such sale or in the making or performing
of such contract.
Any Town officer or employee who knowingly or intentionally conceals such a financial interest
or knowingly or intentionally violates the requirements of this section shall be guilty of
malfeasance in office or position and shall forfeit his office or position.
Violation of this section with the knowledge, express or implied, of the person or corporation
contracting with or making a sale to the Town shall render the contract or sale voidable by the
Town Manager or the Council.
Charter Review CommissionPage 19 of 37Meeting Date: November 11, 2019
4.18 Accepting Gifts, Etc.
No officer or employee of the Town shall ever solicit, agree to accept or accept, directly or
indirectly, any gift, favor or privilege from any public utility corporation, or other corporation,
person or persons, enjoying a grant, contract, franchise, privilege or easement from or with said
Town, during the term of office of such officer, or during such employment of such employee,
except as may be authorized by law, resolution or ordinance. Any officer or employee of the
Town who shall violate a provision of this section shall forfeit his office.
In addition to the penalties imposed by State law for a violation of this section, any person
convicted of a violation of this Section shall be ineligible for a period of five (5) years following
such conviction to hold any Town office or position and, if an officer or employee of the Town,
shall immediately forfeit his office or position. The Council may establish by ordinance such
further penalties as it may deem appropriate.
Charter Review CommissionPage 20 of 37Meeting Date: November 11, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-580-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/4/2019Charter Review Commission
On agenda:Final action:
11/11/2019
Title:
Discussion of and take appropriate action regarding Article V, Nominations and Elections, of the Town
of Trophy Club Charter.
Attachments:
Article V - Nominations and Elections.pdf
DateVer.Action ByActionResult
DiscussionofandtakeappropriateactionregardingArticleV,NominationsandElections,oftheTownofTrophyClub
Charter.
Charter Review CommissionPage 21 of 37Meeting Date: November 11, 2019
Article V. Nominations and Elections....................................................................................C-23
5.01 Elections..............................................................................................................C-23
5.02 Regulation of Elections.......................................................................................C-25
5.03 Special Elections..................................................................................................C-25
5.04 Filing for Office...................................................................................................C-25
5.05 The Official Ballot...............................................................................................C-26
5.06 Canvassing and Election Results.........................................................................C-26
5.07 Notification of Town Officers.............................................................................C-26
5.08 Oath of Office......................................................................................................C-26
Charter Review CommissionPage 22 of 37Meeting Date: November 11, 2019
*
Article V. Nominations and Elections
5.01 Elections
The general Town election shall be held annually on a date in accordance with the laws of the
State of Texas and as established by Town ordinance, commencing in the year 2009 at which
time officers will be elected to fill those offices which become vacant that year. The Council may,
by ordinance, order a special election, fix the time and place for holding same and provide all
means for holding such special election.
The Mayor and six (6) Councilmembers shall be elected and serve in the following manner:
(a) The Mayor shall have a three-year term beginning with the May 2011 election.
(b) Councilmembers elected at the May 2009 election shall draw lots to determine Places
1 and 2. Places 1 and 2 shall receive a two-year term at the May 2009 election;
thereafter, Places 1 and 2 shall have three year terms.
(c) Councilmembers elected at the May 2008 election shall draw lots to determine Places
3, 4, and 5. At the May 2010 election, Places 3 and 4 shall receive two year terms and
Place 5 shall receive a three year term; thereafter, Places 3, 4, and 5 shall have three-
year terms.
(d) A Councilmember shall be elected to Place 6 at the November 2013 election for an
initial term of office expiring at the May, 2016 election; thereafter Place 6 shall have
three year terms.
(e) The candidate for Mayor who receives a majority of all votes cast for all the
candidates for such office at the election shall be declared elected.
(f) The candidate for election to each Place on the Council, who receives a majority of
all votes cast for all the candidates for such Place at the election, shall be declared
elected.
(g) In the event any candidate for an office fails to receive a majority of all votes cast for
all the candidates for such office at such election, the Town Council shall, upon
completion of the official canvass of the ballots, issue a call for a runoff election to
be held within thirty (30) days following the issuance of such call, or in accordance
with the Texas Election Code. The two (2) candidates receiving the highest number
of votes (or three (3) persons in case of tie for second place) for any such office in the
first election shall be placed upon the ballot to be voted on in such runoff election;
and, in case of a tie vote in the runoff election or in the first election if there are only
two (2) candidates, as to the two (2) candidates, the Council shall order subsequent
elections in the same manner as the runoff election until the tie vote between the two
(2) candidates has been resolved. (See Editors note 1 below)
*
State law referenceApplicability of Election Code, V.T.C.A., Election Code, sec. 1.002.
C-7
Charter Review CommissionPage 23 of 37Meeting Date: November 11, 2019
(h) Except as specifically provided in this section, in the case of a tie vote as between
two (2) or more candidates, a special election shall be called by the Council in
accordance with the Texas Election Code. If the tie does not prevent the filling of the
vacancies then the special election shall not be required. (See Editors note 2 below)
(Subsections (a)(e) amended, subsections (f) and (g) added by May 9, 2009 election, effected by
Ordinance 2009-12, prop. 4, adopted 5/18/09. Subsection 5.01(e) added by May 9, 2009 election,
effected by Ordinance 2009-12, prop. 13, adopted 5/18/09 and renumbered to subsection (h) by
Ordinance 2009-21 adopted 8/24/09. First two paragraphs and subsection (d) amended by May
11, 2013 election, effected by Ordinance 2013-15, prop. 18, adopted 5/21/13)
Editors note 1Ref 5.01(e) and 5.01(h). The 2009 election ballot language did not allow for the
integration of two propositions into one section. For clarification, proposition #4 made the following
changes: Deleted the original 5.01(e) which read Except as specifically provided in this section, in the
case of a tie vote as between two (2) or more candidates, a special election shall be called by Council. The
Council shall order a special election not less than thirty (30) days nor more than forty (40) days after the
regular election to resolve the tie vote as between such candidates. If the tie does not prevent the filling of
the vacancies then the special election shall not be required. Added subsections (e) The candidate for
Mayor who receives a majority of all votes cast for all the candidates for such office at the election shall be
declared elected. (f) The candidate for election to each Place on the Council, who receives a majority of all
votes cast for all the candidates for such Place at the election, shall be declared elected. (g) In the event any
candidate for an office fails to receive a majority of all votes cast for all the candidates for such office at
such election, the Town Council shall, upon completion of the official canvass of the ballots, issue a call for
a runoff election to be held within thirty (30) days following the issuance of such call, or in accordance
with the Texas Election Code. The two (2) candidates receiving the highest number of votes (or three (3)
persons in case of tie for second place) for any such office in the first election shall be placed upon the
ballot to be voted on in such runoff election; and, in case of a tie vote in the runoff election or in the first
election if there are only two (2) candidates, as to the two (2) candidates, the Council shall order
subsequent elections in the same manner as the runoff election until the tie vote between the two (2)
candidates has been resolved.
Editors note 2Ref 5.01(e) and 5.01(h). The 2009 election ballot language did not allow for the
integration of two propositions into one section. For clarification, proposition #13 made the following
changes: First sentence, following the word by deleted the word Council at the end of the sentence and
following the word by added the Council in accordance with the Texas Election Code. Deleted a
second sentence which read The Council shall order a special election not less than thirty (30) days nor
more than forty (40) days after the regular election to resolve the tie vote as between such candidates.
State law referenceDate for election of officers, V.T.C.A., Local Government Code, sec. 26.042.
5.02 Regulation of Elections
All general and special elections shall be held in accordance with the laws of the State of Texas
regulating the holding of municipal elections and in accordance with this Charter and ordinances
or resolutions adopted by the Council for the conduct of elections. The Council shall appoint the
Election Judges and other election officials and shall provide for the compensation of all election
officials in the Town elections and for all other expenses in holding said elections.
State law referenceAppointment of election judges, V.T.C.A., Election Code, sec. 32.005.
C-8
Charter Review CommissionPage 24 of 37Meeting Date: November 11, 2019
5.03 Special Elections
The Council may call such special elections as are authorized by the State law, this Charter or for
any other reason the Council deems necessary. The Council shall fix the time and place of
holding same, and provide all means for holding such special elections in accordance with State
law.
5.04 Filing for Office
(a) Each candidate for an elective office shall meet the qualifications set forth in Section 3.02
of this Charter.
(b) Any person so qualified who desires to become a candidate for election shall file an
application with the Town Secretary, in accordance with the Texas Election Code, as amended,
and all other applicable laws.
(c) Within five (5) days after the filing of an application, the Town Secretary shall notify the
candidate whether or not the application satisfied the requirements prescribed by this Charter. If
an application is found insufficient, the Town Secretary shall return it immediately to the
candidate with a statement certifying wherein it is insufficient. Within the regular time for filing
applications, a new application may be filed by the same candidate. The Town Secretary shall
keep on file all applications found sufficient at least until the expiration of the term of which the
candidates are nominated in those applications.
(d) If any member of a board, commission or corporation appointed by the Council shall
become a candidate for election to any public office of the Town, he shall immediately upon his
being elected, forfeit his place as a member of such board, commission or corporation.
(e) If any employee of the Town becomes a candidate for election to any public office of the
Town they shall, immediately upon becoming a candidate, forfeit the employment held with the
Town.
(f) If any sitting Council member files to become a candidate for another public office, he shall
resign his current seat upon filing for the new office.
(Subsection (f) added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 5, adopted
5/18/09)
State law referencesEligibility for public office, V.T.C.A., Election Code, sec. 141.001 et seq.;
candidates for city office, V.T.C.A., Election Code, ch. 143.
5.05 The Official Ballot
(a) Candidates Names on Ballots: The names of all candidates who have filed for office shall
be printed on the official ballots without party designation. The order on the ballot of the names
of the candidates for each office or position shall be determined by lot in a drawing to be held
under the supervision of the Town Secretary, or as otherwise required by State law.
(b) Early voting shall be governed by the Texas Election Code.
State law referenceBallot form, content and preparation, V.T.C.A., Election Code, ch. 52.
C-9
Charter Review CommissionPage 25 of 37Meeting Date: November 11, 2019
5.06 Canvassing and Election Results
Returns of every municipal election shall be delivered forthwith by the Election Judges to the
Town Secretary with a copy of the returns sent to the Mayor. The Council shall canvass the
returns, investigate the qualifications of the candidates and declare the official results of the
election in accordance with the Texas Election Code, including without limitation, any provision
that alters the requirements of this Charter. The results of every municipal election shall be
recorded in the minutes of the Council. The qualified person receiving a majority of the votes cast
for any office shall thereupon be declared elected by said Council. The decision of the Council, as
to qualifications of candidates, shall be conclusive and final for all purposes.
(Section 5.06 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 13, adopted 5/21/13)
State law referenceCanvassing elections, V.T.C.A., Election Code, ch. 67.
5.07 Notification of Town Officers
The Town Secretary, with the concurrence of the Council, shall promptly notify all persons
elected to office. A candidate who is elected in a regular or special Town election shall, after
taking the oath of office as prescribed herein, take office, and enter upon his duties at the next
Council meeting at which he is legally eligible to participate.
5.08 Oath of Office
Every officer of the Town, whether elected or appointed, shall take the oath of office as
prescribed by the Texas Constitution or other applicable law prior to assuming office.
State constitution referenceOath of office, Texas Constitution, art. 16, sec. 1.
C-10
Charter Review CommissionPage 26 of 37Meeting Date: November 11, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-581-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/4/2019Charter Review Commission
On agenda:Final action:
11/11/2019
Title:
Discussion of and take appropriate action regarding Article VI, Recall, of the Town of Trophy Club
Charter.
Attachments:
Articel VI - Recall.pdf
DateVer.Action ByActionResult
Discussion of and take appropriate action regarding Article VI, Recall, of the Town of Trophy Club Charter.
Charter Review CommissionPage 27 of 37Meeting Date: November 11, 2019
Article VI. Recall.....................................................................................................................C-26
6.01A Scope of Recall....................................................................................................C-26
6.02 Petition for Recall................................................................................................C-27
6.03 Form of Recall and Oath.....................................................................................C-27
6.04 Procedure After Filing Petition for Recall...........................................................C-28
6.05 Public Notice.......................................................................................................C-29
6.06 Official Ballot......................................................................................................C-29
6.07 Recall Petition Prohibited....................................................................................C-29
6.08 Refusal of Recall Petition....................................................................................C-29
Charter Review CommissionPage 28 of 37Meeting Date: November 11, 2019
Article VI. Recall
6.01A Scope of Recall
Any elected Town official shall be subject to recall and removal from office by the qualified
voters of the Town on any one or more of the following grounds: incompetency, misconduct,
malfeasance in office or who knowingly or intentionally violates any express prohibition of the
Charter.
In this section:
(a) Incompetency means (a) gross ignorance of official duties; or (b) gross
carelessness in the discharge of official duties; or (c) inability or unfitness to
promptly and properly discharge official duties because of a serious mental or
physical defect that did not exist at the time of the officers election. The term is used
in a sense that the Town official has exceeded his or her authority by defying or
overruling lawful actions done by the Town Council.
(b) Official misconduct means intentional unlawful behavior relating to official duties
by a Town Official entrusted with the administration of justice or the execution of the
law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town
Official to perform a duty imposed on the officer by law.
(c) Malfeasance means the doing of an act by a Town Official through ignorance,
inattention, or malice, which act the official had no legal right or authority to do, or
which act exceeds or abuses the officials rightful authority or powers; or the failure
to do an act which the Town Official had a legal duty to do.
(Section 6.01 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 14,
adopted 5/18/09 and renumbered to 6.01A by Ordinance 2009-21 adopted 8/24/09. Introductory
paragraph amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 14, adopted
5/21/13)
Editors noteFormer Section 6.01 pertaining to scope of recall and amended by May 9, 2009 election,
effected by Ordinance 2009-12, prop. 4, adopted 5/18/09 was repealed by May 11, 2013 election, effected
by Ordinance 2013-15, prop. 14, adopted 5/21/13.
6.02 Petition for Recall
Before the question of recall of such officer shall be submitted to the qualified voters of the
Town, a petition demanding such question to be so submitted shall first be filed with the person
performing the duties of the Town Secretary, which petition shall be signed by a number equal to
at least twenty percent (20%) of those who were qualified voters on the date of the last regular
municipal election as determined from the list of qualified voters maintained by the County
Election Administrator. All signatures must be in compliance with the requirements set out in the
Texas Election Code.
(Section 6.02 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 13,
adopted 5/18/09)
Charter Review CommissionPage 29 of 37Meeting Date: November 11, 2019
6.03 Form of Recall and Oath
The recall petition must be addressed to the Council, must distinctly and specifically point out the
ground or grounds upon which such petition for removal is predicated and, if there be more than
one (1) ground, such as for incompetency, misconduct, or malfeasance in office shall specifically
state each ground with such certainty as to give the Officer sought to be removed notice of the
matters and things with which he is charged on each ground. The signature shall be verified by
oath in the following form:
STATE OF TEXAS §
COUNTY OF ________ §
I, ____________, being first duly sworn, on oath depose and say that I am one of the
signers of the above petition and that each signature appearing thereto was made in my
presence on the day and date it purports to have been made, and I solemnly swear that the
same is the genuine signature of the person whose name it purports to be.
Subscribed and sworn to before me this ______ day of ____________, ____.
__________________________
Notary Public, ____________ County, Texas
(Section 6.03 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 14,
adopted 5/18/09)
6.04 Procedure After Filing Petition for Recall
(a) Upon the filing of a petition, the Town Secretary shall review the petition to determine the
existence of the requisite number of signatures of qualified voters and whether the form of the
petition complies with the provisions of this Charter. The Town Attorney shall review the petition
for legal sufficiency.
(b) Within ten (10) business days after the petition is filed, the Town Secretary shall complete
a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is
defective and shall promptly send a copy of the certificate to the person(s) who filed the petition
by registered mail.
(c) A petition certified insufficient for lack of the required number of valid signatures or due to
inadequate form or content may be amended once if each of the following requirements are met:
(1) the person(s) who filed the petition with the Town Secretary files a notice of
intention to amend it with the Town Secretary within five (5) business days after
receiving the copy of this certificate via registered mail; and,
(2) such person(s) also file a supplementary petition upon additional papers within ten
(10) business days after receiving the copy of such certificate. Such supplementary
petition shall comply with the requirements of section 6.02. Within five (5) business
days after the supplementary petition is filed, the Town Secretary shall complete a
certificate as to the sufficiency of the petition as amended and promptly send a copy
of such certificate to the person(s) who filed the petition for recall via registered mail
as in the case of an original petition.
Charter Review CommissionPage 30 of 37Meeting Date: November 11, 2019
(d) If a petition or amended petition is certified sufficient and in compliance with the terms of
this Article of the Charter, the Town Secretary shall present this certificate to the Council at its
next regular Council meeting or special meeting called for this purpose and immediately shall
notify the Councilmember whose removal is sought and provide him with a copy of his petition
by registered or certified mail.
(e) No signature to a recall petition shall remain effective or be counted if it was placed upon
the petition more than forty-five (45) days prior to filing of the recall petition with the Town
Secretary.
(f) If the Councilmember whose removal is sought does not resign within seven (7) days after
the certified petition is presented to the Council, the Council, at its next regular meeting or at a
specially called meeting, shall order a recall election. The date selected for the recall election
shall be the earliest available date in accordance with the Texas Election Code for which all legal
requirements to verify the petition and call the election may be met.
(Subsection (g) deleted by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09 and subsection (f) amended by May 9, 2009 election, effected by 2009-12, prop. 13,
adopted 5/18/09)
6.05 Public Notice
The Council shall make or cause to be made publication or notice and provide for holding such
election for the successor Councilmember, and the same shall be conducted, and the result thereof
declared in all respects as other Town elections.
6.06 Official Ballot
Any Officer so elected shall hold office only during the unexpired term of his predecessor. Any
person sought to be removed may be a candidate to succeed himself and, unless he requests
otherwise in writing, the Town Secretary shall place his name on the official ballot without
nomination. The names of other candidates for such position shall be placed on the official ballot
in the same manner as provided in Article V of this Charter. At such election, the candidate
receiving a majority of all votes cast for such office, according to the rules regulating the election
of Councilmembers as set forth in this Charter, shall be declared elected. At such election, if
some person other than the incumbent receives a majority of all votes cast for such office, the
incumbent shall thereupon be deemed removed from the office upon the qualification of his
successor. In case the party who receives a majority of all votes cast at said election should fail to
qualify within the (10) days after receiving notification of his election, the office shall then
become vacant. If the incumbent receives a majority of all votes cast at such election, he shall
continue in office and shall not be subject to any other recall for any grounds existing prior to said
election. In the event that a runoff election is required, the procedure set forth shall be followed.
(Section 6.06 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09)
6.07 Recall Petition Prohibited
No recall petition shall be filed against any Officer of the Town within six (6) months after his
election, nor within six (6) months after an election for such Officers recall\[.\]
Charter Review CommissionPage 31 of 37Meeting Date: November 11, 2019
6.08 Refusal of Recall Petition
In case all of the requirements of this Charter shall have been met and the Council shall fail or
refuse to receive the recall petition, or order such recall election, or discharge any other duties
imposed upon said Council by the provisions of this Charter with reference to such recall, then
the County Judge of Denton County, Texas, shall discharge any of such duties herein provided to
be discharged by the person performing the duties of Town Secretary, or by the Council.
Charter Review CommissionPage 32 of 37Meeting Date: November 11, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-574-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/1/2019Charter Review Commission
On agenda:Final action:
11/11/2019
Title:
Discussion of and take appropriate action regarding previous business:
·Article I - Form of Government & Boundaries
·Article II - Powers of the Town
·Article III - The Council
Attachments:
DateVer.Action ByActionResult
Discussion of and take appropriate action regarding previous business:
Article I - Form of Government & Boundaries
Article II - Powers of the Town
Article III - The Council
Charter Review CommissionPage 33 of 37Meeting Date: November 11, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-575-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/1/2019Charter Review Commission
On agenda:Final action:
11/11/2019
Title:
Discussion of and take appropriate action regarding future agendas:
·Article VII - Legislation By The People, Initiative and Referendum
·Article VIII - Municipal Planning and Zoning
·Article IX - Budget, Finance and Taxation
·Article X - Franchise and Public Utilities
·Article XI - General Provisions
·Article XII - Transitional Provisions
Attachments:
DateVer.Action ByActionResult
Discussion of and take appropriate action regarding future agendas:
Article VII - Legislation By The People, Initiative and Referendum
Article VIII - Municipal Planning and Zoning
Article IX - Budget, Finance and Taxation
Article X - Franchise and Public Utilities
Article XI - General Provisions
Article XII - Transitional Provisions
Charter Review CommissionPage 34 of 37Meeting Date: November 11, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-582-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
11/4/2019Charter Review Commission
On agenda:Final action:
11/11/2019
Title:
Recap of motions passed in prior meetings.
Attachments:
Staff Report - Recap of Motions Passed.pdf
DateVer.Action ByActionResult
Recap of motions passed in prior meetings.
Charter Review CommissionPage 35 of 37Meeting Date: November 11, 2019
To: Charter Review Commission
From:Holly Fimbres, Town Secretary/RMO
CC: Steve Norwood, Town Manager
Re: Recap of Motions Passed
Charter Review CommissionMeeting, November 11, 2019
Agenda Item:
Recap of motions passed in prior meetings.
Background and Explanation:
The intent for this item is to keep a record of each motion made at every Charter Review
Commission meeting.
October 28, 2019 meeting:
Article I
Motion:
Motion made by Vice Chairperson Rowe, seconded by Commissioner Opipare, to move
Article I without any recommended changes.
Motion carried unanimously 8-0-0.
Article II
Motion:
Motion made by Commissioner Mayer, seconded by Commissioner Dale,to approve
Article II with no changes.
Motion carried unanimously 8-0-0.
Page 1 of 2
Charter Review CommissionPage 36 of 37Meeting Date: November 11, 2019
Article III
Motion:
Motion made by Chairperson Sheridan, seconded by Commissioner Patterson, to
consider further discussion on Article III specific to Section 3.05, Compensation; Section
3.20 (b), Abstention; Section 3.19, relating to a quorum; add a gender neutral phrase at
the beginning; Section 3.04 (c) and (d) relating to timing; and Section 3.08 (i) and (k) to
delete.
Motion carried unanimously 8-0-0.
Page 2 of 2
Charter Review CommissionPage 37 of 37Meeting Date: November 11, 2019