Sec. 45. - City manager—Selection, appointment and removal.

Par. 1. Selection. The council shall appoint a city manager who shall be chosen on the basis of his executive and administrative qualifications. He shall receive compensation as fixed by the council and shall, during his tenure of office, reside within the city. No person ever elected to office as a member of the governing body of the city shall be eligible for appointment as city manager.

Par. 2. Appointment and removal. The city manager shall be appointed for an indefinite term, and may be removed by resolution at the discretion of the council by a majority vote of its members. Upon passage of a resolution stating the intention to remove the city manager and the reasons therefor, a copy of which shall be immediately furnished him, the council may suspend him from duty, but his salary shall continue until his removal becomes effective. Within twenty days after the passage of such a resolution, the city manager may reply in writing to it, and may request a public hearing. If so requested the council shall fix a time and place for a public hearing upon the question of removal, which shall be held not sooner than ten days nor more than twenty days after the receipt of such request. The final resolution removing the city manager shall not be adopted until such public hearing, if requested, has been held. The action of the council in removing the city manager shall be final. In case of the absence, disability or suspension of the city manager, the council may designate a qualified administrative officer of the city to perform the duties of the office. Pending the selection of any city manager following the adoption of this Charter, the council may appoint an acting city manager, who shall have all of the qualifications, powers and duties hereinbefore prescribed for the city manager, and who shall serve for a period not to exceed three months.

Sec. 46. - Same—Powers and duties.

The city manager shall be responsible to the council for the proper administration of all affairs of the city and, subject to the civil service provisions of this Charter and except as otherwise provided herein, he shall have power and shall be required to:

(1)

Enforce all laws and ordinances;

(2)

Appoint and remove all officers and employees in the administrative service of the city; provided that he may authorize the head of a department or office to appoint or remove subordinates therein and provided, further, that he shall not appoint or remove officers and employees of:

(a)

The board of trustees of the San Antonio public library;

(b)

Any municipally-owned public utility, including electric, gas and water systems, while such utility is operating under the terms of any indenture, mortgage or deed of trust providing for employment by other authority.

(3)

Exercise administrative supervision and control over all departments created by this Charter and hereafter created by the council;

(4)

Keep the council fully advised as to the financial conditions and needs of the city; prepare and submit the budget annually to the city council and be responsible for its administration after its adoption; prepare and submit, as of the end of the fiscal year, complete report on the financial and administrative activities of the city for such year;

(5)

Recommend to the council such actions as he may deem desirable;

(6)

Prepare and submit to the council such reports as may be required of him;

(7)

Attend all regular and special meetings of the council, and participate in the discussion of the council provided, however, that he shall have no vote;

(8)

Act as the chief conservator of the peace within the city; and

(9)

Perform such other duties as may be prescribed by this Charter or which may be required of him by ordinance or resolution of the council.

Sec. 47. - Council members not to interfere in appointments or removals.

Members of the council shall not direct or request the city manager or any of his subordinates to appoint to or remove from office or employment, or in any manner take part in the appointment or removal of officers or employees in the administrative service of the city, except for the purpose of inquiry. The council and its members shall deal with the administrative service solely through the city manager and neither the council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately. Any violations of the foregoing provisions by any member of the council shall constitute official misconduct, and shall authorize the council by a vote of two-thirds of its entire membership to expel such offending member, if found guilty after a public hearing, and declare the office vacant and appoint a successor.

Sec. 48. - Investigations.

The council, the city manager, or any person or committee authorized by either or both of them, shall have power to inquire into the conduct of any department, agency or office of the city, and for that purpose shall have power to administer oaths. The council, on its own initiative, or upon request of the city manager, shall have power to subpoena witnesses, compel the production of books, papers and other evidence material to such inquiry.

The council shall provide by ordinance for penalties for contempt for refusal on the part of officers or employees of city departments, agencies, or offices, to obey such subpoenas, or to produce evidence.

Sec. 49. - Boards, commissions, committees, and authorities.

Boards, commissions, committees, and authorities shall not be established to administer municipal functions of the City; provided, however, that this section shall not apply to (1) the Board of Trustees of the San Antonio public library, (2) the Municipal Civil Service Commission, (3) the Planning Commission, (4) boards of examiners and/or appeals established by ordinance to administer the provisions of building, electrical and plumbing codes, and (5) boards, commissions and authorities established under the provisions of the laws of Texas. The Council by ordinance may create boards, commissions or committees to assist in only an advisory capacity the City Council and heads of municipal departments in the performance of their duties. The members of any such advisory boards, commissions or committees shall be appointed by the Council and shall receive no compensation from the City.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 50. - Administrative departments created, control.

There are hereby created and placed under the control of the city manager the following administrative departments of the city government:

(1)

Legal department

(2)

Finance department

(3)

Police department

(4)

Fire department

(5)

Public works department

(6)

Public health department

(7)

Parks and recreation department

(8)

Aviation department

In addition to the administrative departments created hereby, the council shall have power by ordinance to establish, discontinue or redesignate other administrative departments or offices. The council may combine any two of the departments and/or administrative offices created by this Charter. No functions or duties assigned by this Charter to a particular department or office shall be abolished, except as otherwise provided by this Charter, but such functions or duties may be assigned by ordinance to other administrative departments or offices of the city; provided, however, that no changes shall be made by the council in the organization of the administrative service of the city until the recommendations of the city manager thereon shall have been heard by the city council; and provided, further, that all administrative departments and offices of the city shall be under the direction and supervision of the city manager.

Sec. 51. - Directors of departments.

At the head of each department there shall be a director who shall be appointed and who may be removed by the city manager. Said directors shall have supervision and control over their respective departments, subject to approval by the city manager, except as otherwise specifically provided by this Charter.

Sec. 52. - Department divisions.

The work of each department shall be distributed among such divisions thereof as may be established by ordinance; provided, however, that no division shall be established unless the city manager shall have been given an opportunity to have been heard thereon; provided, further, that pending the passage of an ordinance or ordinances distributing the work of the departments under the supervision and control of the manager among specific divisions thereof, the manager may establish temporary divisions.

Sec. 53. - Appointment, qualifications, general duties of City Attorney.

There shall be a department of law, the director of which shall be the City Attorney, whose appointment shall be recommended by the City Manager and confirmed by the majority of the Council and who is a practicing attorney in good standing with the State Bar of Texas, duly licensed, and who shall have practiced law for at least five (5) years immediately preceding his or her appointment. The City Attorney shall serve as chief legal advisor to the Council, the City Manager and all city departments, offices and agencies, and the City Attorney shall represent the city in all legal proceedings, and draft, approve or file his or her written legal objections to every ordinance before it is acted upon by the Council, and prepare or endorse his or her written approval or file his or her written legal objections to all documents, contracts and legal instruments in which the city may have an interest, and perform any other duties prescribed by this Charter or by ordinance. During his or her term of office, the City Attorney shall report to the City Manager and be a resident citizen within the City of San Antonio.

(Ord. No. 94956, 11-15-01)

Editor's note—

Ord. No. 94956, adopted November 15, 2001, amended § 53 in its entirety to read as herein set out. Formerly, § 53 pertained to the city attorney as head of the legal department and derived from original codification.

Sec. 53a. - Term, removal, absence or disability of City Attorney.

The City Attorney shall not be appointed for a definite fixed time, but shall be removable at the will and pleasure of the City Manager with the advice of the Council. If removed by the City Manager, he or she may demand written charges and the right to be heard thereon at a public meeting of the Council prior to the date on which his or her final removal shall take effect; but pending such hearing the City Manager may suspend him or her from office. The action of the City Manager in suspending or removing the City Attorney shall be final. In case of the absence or disability of the City Attorney, the City Manager may recommend with the confirmation of City Council a qualified person to perform the duties of the office.

(Ord. No. 94956, 11-15-01)

Sec. 54. - Assistants to have all powers and duties of City Attorney.

All powers and duties imposed on the City Attorney may be exercised and performed by any Assistant City Attorney under his or her direction.

(Ord. No. 94956, 11-15-01)

Editor's note—

Ord. No. 94956, adopted November 15, 2001, amended § 54 in its entirety to read as herein set out. Formerly, § 54 pertained to the powers and duties of the City Attorney and derived from original codification.

Sec. 55. - Finance department—Director of finance; qualifications.

The director of the finance department shall be the head of such department and he shall have knowledge of municipal accounting and taxation and shall have had experience in budgeting and financial control. Said director shall provide a bond with such surety and in such amount as the council may require. The city shall pay the premium on said surety bond.

Sec. 56. - Same—Powers and duties.

The finance department shall have the authority and be required to:

(1)

Administer the financial affairs of the city in accordance with ordinances enacted by the council.

(2)

Prepare the budget for the city manager and assist him in its administration after authorization by the council as required by this Charter.

(3)

Maintain accounting control over the finances of the city government, and perform such other duties pertaining to the financial affairs of the city as the council may require.

(4)

Control the purchase, storage and distribution of all supplies, materials, equipment, and contractual services now or hereafter required by the council.

(5)

Reserved.

(6)

Collect, have custody of, and disburse all funds belonging to the city, subject to the provisions of this Charter and ordinances enacted thereunder; have custody as fiduciary of all funds of the city; keep a record of investments; have custody of all bonds and certificates of city indebtedness, including bonds and certificates unissued or cancelled; and the receipt and delivery of city bonds and certificates of transfer, registration, and exchange.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 57. - Police department—Chief of police; appointment and removal.

The chief of police shall be the director of the police department.

Sec. 58. - Same—Authority and duties of policemen.

The officers and policemen of the police department shall have all the powers and authority given to them as peace officers under the laws of Texas, this Charter, and all other powers and authority that may lawfully be conferred on them by the council. Such officers and policemen may exercise their powers and authority within the corporate limits of the city, and within the limits of any property owned, leased or otherwise subject to the control of the city, which lies outside the corporate limits of the city. It shall be the duty of each officer and policeman to use his best endeavors to prevent the commission of offenses against the laws of the state and the ordinances and regulations of the city; to observe and enforce all such laws, ordinances and regulations; to detect and arrest offenders against the same; to preserve the good order of the city and to secure the inhabitants thereof from violence, and the property therein from injury. Such officers and policemen shall execute any criminal warrant or warrants of arrest, or any writ subpoenas, or other process that may be placed in their hands by the duly constituted authorities of the city. No officer or policeman shall receive any fee or other compensation for any service rendered in the performance of his duty other than the salary paid him by the city.

Sec. 59. - Chief of the fire department.

The chief of the fire department shall be the director of the fire department.

Sec. 60. - Public works department—Director of public works; head of department.

The director of public works shall be the head of the department.

Sec. 61. - Same—Powers and duties.

The department of public works shall have charge of the planning, opening, construction, maintenance and repair of all streets, alleys, sidewalks, bridges, rivers, watercourses, creeks, ditches and public ways; of the sanitary and storm sewers, sewer systems and sewage disposal plants; of the construction, maintenance, repair and operation of all public buildings and properties belonging to or used by the city; of the city markets; of building, electrical and plumbing inspection, and the issuance of building, electrical and plumbing permits; of weights and measures; of the collection and disposal of garbage; and of such other functions as may be prescribed by ordinance.

Sec. 62. - Public health department—Director of public health; qualifications.

The director of public health shall be the head of the department. He shall be a licensed physician and shall be trained in public health administration.

Sec. 63. - Same—Powers and duties.

The public health department shall enforce the laws of the state and all ordinances and regulations relating to public health; it shall exercise such additional powers and perform such additional duties as may be prescribed by ordinance.

Sec. 64. - Parks and recreation department—Director of parks and recreation; head of department.

The director of parks and recreation shall be the head of the department.

Sec. 65. - Same—Powers and duties.

The parks and recreation department shall have charge of the management and maintenance of public parks, playgrounds, golf courses, swimming pools, and all other public recreational facilities and programs. The management, operation and maintenance of parks and playgrounds, and of all other public recreational facilities and programs shall be deemed to be done in the governmental capacity of the city. The parks and recreation department shall exercise such additional powers and perform such additional duties as may be prescribed by ordinance.

Sec. 66. - Aviation department—Director of aviation; head of department.

The director of the aviation department shall be the head of the department.

Sec. 67. - Same—Powers and duties.

The aviation department shall have charge of the management, operation and maintenance of the municipal airports, and of all facilities, services and installations related or incidental thereto which are owned or operated by the city. It shall exercise such other powers and perform such additional duties as may be prescribed by ordinance.

Sec. 68. - Departmental offices and employments.

The number of offices and employments in each municipal department and office shall be fixed by ordinance; provided, that before adoption of such ordinance, the city manager may make such recommendation to the council as to him might seem desirable.