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HomeMy WebLinkAboutRes 2025-07-1797 Final Report of the Charter Review CommissionCITY OF ANNA, TEXAS RESOLUTION NO. ;2695 -e h - 17q I A RESOLUTION OF THE CITY OF ANNA, TEXAS RECEIVING THE FINAL REPORT OF THE CHARTER REVIEW COMMISSION AND ORDERING PUBLICATION OF SAID REPORT WHEREAS, in accordance with the City of Anna, Texas Home -Rule Charter (the "Charter"), the Charter Review Commission (the "Commission") hereby reports to the City Council of the City of Anna, Texas (the "City Council") that it has fully discharged its duties as set forth in Section 11.07 of the Charter and hereby reports the commission's findings and recommendations to the City Council; and WHEREAS, the Commission, an advisory body, assembled periodically in meetings that were duly noticed and open to the public and has developed a series of recommended amendments to the Charter, as set forth in this report; and WHEREAS, the members of the Commission have duly authorized the Commission's Chairman to provide this report to the City Council; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Receipt of Report and Order of Publication The City of Anna City Council hereby receives the Commission's report, attached hereto as EXHIBIT A, incorporated herein for all purposes and orders the publication of said report summary as required in the Charter. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this a6k day of % 2025. ATTEST: APPROVED: City Secretary, CarrA L. Land�` �&a ` 0y6r, Pete Cain 1913 EXHIBIT A THE CfT`r' OF �11'n Memorandum Date: July 22, 2025 To: Honorable Mayor and City Council City Manager Ryan Henderson From: Charter Review Commission Re: Final Report and Recommendations of the Charter Review Commission The City Council approved Resolution 2025-04-1761 on April 8, 2025 creating a Charter Review Commission and establishing Charter Review Commission Guidelines. The members of the Charter Review Commission met six times between May 2025 through June 2025 and reviewed the entire Charter pursuant to its charge. The Charter Review Commission presents the attached Charter with amendments proposed for City Council consideration. In delineating the proposed amendments, new language is underlined and deleted IaRgU age ^�#+ 'rk^^. Only the sections recommended for amendment are included in the attachment to this memo. Charge of the Charter Commission: The Charter Review Commission was charged with reviewing the charter and recommending amendments to 1) Inquire into the operation of the City government under the Charter and determine whether any provisions of the Charter require revision; 2) Propose any recommendations it deems desirable to ensure compliance with the Charter of the City government; and 3) Report its finding and present its recommendations to the City Council. In particular the Charter Review Commission focused their efforts on: • Four-year terms for Council with two -term (consecutive) limits • Terms limits for all boards and commissions • Enhancing efforts to have open access and transparency in governance • Streamlining procedures for boards and commissions • Enhancing regulations on absenteeism as relates to boards and commissions • Receiving and discussing comments and suggestions made by neighbors • Improving the readability of the charter, thus increasing the opportunity for neighbors to read and understand the charter • Bringing conflict -of -interest provisions into alignment with state law • Streamlining procedures for boards and commissions Proposed Substantive Changes: The Charter Review Commission recommends that the City Council consider the attached substantive changes for placing on the ballot for consideration by the qualified voters. We wish to express our appreciation to each of you for the opportunity to serve on this Charter Review Commission and assist with this important task as it relates to the residents of the City of Anna and the manner in which they have elected to govern themselves. Ka — R C ` ` 11'u J ssica Walde , Chair Kat Swafford Susan Jones Robbie Sell Lynn Bryan ChoyaYMordson Attachment: City Charter Proposed Amendments cc: City Attorney Clark McCoy City Secretary Carrie L. Land Assistant City Manager Taylor Lough Bruce No ood, Vice Cha� l Justin'Inesta Theresa King-gell ' Gretchen Stewart andy Sachs Nathan Wilbur, Alternate 2025 ANNA HOME RULE CHARTER AMENDMENTS AS PROPOSED BY THE CHARTER REVIEW COMMISSION ARTICLE 3 THE CITY COUNCIL § 3.01. Composition, Terms, Term Limits. (a) The City Council includes a "Mayor" and six "Council Members" elected under the Place System, with there being Places 1, 2, 3, 4, 5 and 6. The Mayor and each Council Member are elected at large, and unless sooner removed under the provisions of this Charter, serve for a term of no longer than four years. All of the City Council holding office at the time of passage of this Charter or any amendments to this Charter may continue to hold their respective office until the FespeGtive term f r which they were ! Gted piresnext general election for such office. (b) Terms of the Council Members and the Mayor are staggered and the staggering of terms will be initiated as follows so that general elections for the offices of Mayor and Council Members will occur only in odd -numbered years: (1) , fee thrnn „e t+ rmsthere will be no general election for the position of Mayor or Council Members in May 2026; (2) in the May 2Q14-2027 general election, voters will elect Council Members for Places 1 3 and 5, and the Mayor, each for t-hreefour-year terms; (3) in the May �5 2029 general election, voters will elect a Council Member for Place 4 and 61 aed the Mayo-r, each for thFeefour-year terms; and (4) all subsequent reb u',F City C^6,nei' and MayeFa e� neral elections for Mayor and Council Members will be for threefour-year terms. (c) Beginning with offices filled in the May 2027 general election: (1) no person shall serve more than two consecutive terms as a Council Member regardless of which place is held by such person; and (2) no person shall serve more than two consecutive terms as Mayor. (d) For purposes of subsection (c): 0) a consecutive term does not include any full or partial term that began before May 2027;and (2) a partial term is not counted as a consecutive term unless the person serves at least 12 months and their office becomes vacant during the last 12 months of the term. § 3.05. Vacancies, Forfeiture and Filling of Vacancies. (a) The office of a Council Member or the Mayor becomes vacant upon death, resignation, forfeiture of, or removal from office by any manner authorized by law. (b) If any Member of the City Council is absent from three consecutive regular meetings, without explanation acceptable to a majority of the remaining Council Members, his or her office becomes vacant at the next regular meeting of the City Council by written resolution after such person is provided with notice and the opportunity to be heard. (c) Any person on the City Council who ceases to possess the required qualifications for office or who is convicted of a felony or of a misdemeanor involving moral turpitude or is convicted of violating any state laws regulating conflicts of interest of municipal officers must forfeit his or her office. Every forfeiture must be declared by written resolution of and enfeF ed "T, the City Council after such person is provided with notice and the opportunity to be heard. (d) If for any reason a single vacancy or multiple vacancies exist on the City Council, the vacancy must be filled by majority vote of the qualified voters at a special election called for such purpose within 120 days after such vacancy occurs as required by article XI, section 11 of the Texas Constitution; provided, however, that the Council may opt to fill by appointment any such vacancy occurring for an unexpired term of 12 months or less. The person elected or appointed to fill the vacancy must meet the qualifications referenced in section 3.02 of this Charter. The person elected or appointed to fill the vacancy serves until the next regular municipal election for that Place on the City Council. If the position of Mayor becomes vacant, then the City Council must —as soon as is practicable after a Mayor is elected or appointed to fill the vacancy —elect the positions of Mayor Pro -Tern and Deputy Mayor Pro- Tem. § 3.13. Passage of Ordinances in General. (a) The City Council may legislate only by ordinance, and the enacting clause of every ordinance must be "Be it ordained by the City Council of the City of Anna, Texas...". Each proposed ordinance must be introduced in the written or printed form required for adoption. No ordinance may contain more than one general subject which must be clearly expressed in its title, except that general appropriation ordinances may contain various subjects and accounts for which monies are to be appropriated. After adoption, an ordinance may not be amended or repealed except by the adoption of another ordinance amending or repealing the original ordinance. Copies of any proposed ordinance, in the form required for adoption, must be furnished to the City Council. Copies of the proposed ordinance, in the form required for adoption, must be available at the City offices and must be furnished to citizens upon request to the City Secretary from and after the date on which such proposed ordinance is posted as an agenda item for a City Council meeting and, if amended, must be available and furnished in amended form for as long as the proposed ordinance is before the City Council. (b) Every ordinance is effective upon adoption or at any later time(s) specified in the ordinance, except that every ordinance imposing any penalty, fine or forfeiture is effective only after having been published twk-e-in its entirety or summary form after adoption, in a newspaper designated as the official newspaper of the City. Notwithstanding the foregoing and to the extent state law provides for an applicable alternate method for publication, the City may forgo newspaper publication and publish or post the ordinance or its caption in accordance with the applicable state law and doing so shall be considered a valid method of publication. (c) If a majority of the City Council present requests that the ordinance title and caption or its entirety be read, it must be read. § 3.15. Authentication, Recording, Codification, Printing and Distribution. (a) All ordinances and resolutions adopted by the City Council must be authenticated by seal and signature of the person performing the duties of the City Secretary and numbered consecutively as adopted. They must be properly indexed and placed in a book kept open for public inspection. (b) The City Council may maintain the codification of ordinances of the City. This codification must be known and cited as "The Anna City Code of Ordinances" and is in full force and effect without the necessity of such code or any part of it being published in any newspaper. The caption, descriptive clause and other formal parts of the ordinances of the City may be omitted without affecting the validity of such ordinances when codified. Every general ordinance enacted after codification must be enacted as an amendment to the code. For the purpose of this section, general ordinances are deemed to be those ordinances of a permanent or continuing nature which affect the residents of the City at large. Cries 4Access to the code must be furRmshed + City OffieeFs, placed ;n City effices and made available to the public on the City's website. Copies of the code must also be available for purchase by the public at a reasonable price to be fixed by the City Council. (c) The City Council must cause all ordinances and amendments to this Charter to be printed accessible to the public promptly following their adoption. A copy of each ordinance and amendment must be posted on the City's website and placed in appropriate City offices for public reference. Printed ordinances and Charter amendments may be sold to the public at a reasonable price to be fixed by the City Council. ARTICLE 4 CITY ADMINISTRATION § 4.01. City Manager. (a) The City Council must appoint, upon the affirmative vote of a majority of the full membership of the City Council, a City Manager to serve as Chief Administrative Officer of the City. The City Manager is responsible to the City Council for administration of all the affairs of the City, with only those exceptions that are named in this Charter. The City Manager must be appointed based upon the applicant's educational qualifications and executive or administrative experience. The City MaRageF need Rat be a resident of the City (b) Only the City Council may fix the compensation of the City Manager, and the City Manager's compensation may be amended, from time to time, in accordance with the City Manager's experience, qualifications and performance. (c) The City Manager may be appointed for an indefinite term, and may be removed at the discretion of the City Council by the affirmative vote of a majority of the full membership of the City Council. Upon decision to remove the City Manager, notice, in writing, of such decision must be immediately furnished to the City Manager and the City Council may then suspend him or her from duty and the following procedures will apply. (1) If, within five days after being notified of termination and removal, the City Manager files a written request to the City Council requesting that the termination be reconsidered, the City Council must, as soon as practical, meet with the City Manager in accordance with the Texas Open Meetings Act to review its decision to terminate. (2) After such review, and after affording the City Manager an opportunity to respond to such initial decision to terminate, a new vote must be taken with regard to termination of the City Manager. (3) The City Manager is entitled, from the date of suspension, to continue to receive his or her salary pending the final decision of the City Council. (d) This projedure for a review meeting with the City Manager does not alter the fact that the City Manager serves at the pleasure of the City Council and the City Manager does not have, nor should this procedure be construed to grant to the City Manager, any right to continued employment. (e) Acting City Manager: The City Manager, within 60 days after taking office, must designate by letter filed with the City Secretary, a qualified administrative officer of the City to perform the duties of the City Manager in his or her absence or disability. Such designation is subject to approval by the City Council. No member of the Council may serve as Acting City Manager. From time to time the City Manager may remove and/or appoint another Acting City Manager. (f) The City Manager's duties are to: (1) appoint, suspend and remove all City employees and appointive administrative officers provided for in this Charter, except as otherwise provided by this Charter or personnel rules adopted by the City Council in accordance with this Charter; (2) direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by law or this Charter; (3) see that all state laws and city ordinances are effectively enforced; (4) if at all practicable, attend all City Council meetings —or if absent designate another City employee to attend —with the right to take part in discussion, but the City Manager may not vote; (5) prepare and accept, or designate an appropriate department head or City employee to prepare and accept, items for inclusion in the official agenda of all City Council meetings and meetings of all boards and commissions; (6) prepare and recommend to the City Council the annual budget and capital program, and administer the budget as adopted by the City Council; (7) keep the City Council fully advised at least quarterly as to the financial conditions and future needs of the City, and make such recommendations concerning the affairs of the City, as the City Manager or the City Council deems desirable or necessary; (8) make reports as the City Manager or the City Council may require concerning the operations of the City departments, offices, or agencies subject to the City Manager's direction or supervision; and (9) perform such other duties as are specified in this Charter or may be required by the City Council, and are consistent with this Charter or state and federal law. § 4.03. Municipal Court. (a) The City Council must establish and cause to be maintained a Municipal Court. The Court has all the powers and duties as are now, or as may be, prescribed by state law. (b) Upon the City Manager's recommendation, the City Council may appoint or reject by the affirmative vote of a majority of the full membership of the City Council a Municipal Judge(s) of the Municipal Court as may be necessary, who must be a competent, duly qualified attorney licensed and practicing for at least two years in the State of Texas. In the event a duly qualified attorney is not available, the City Council may then select a qualified person to be the Municipal Judge(s). The Municipal Judge(s) of the Municipal Court(s) must be appointed to a term of two years and may be appointed to additional consecutive terms upon completing a term of office. The appointment of the Municipal Judge(s) may be terminated, without cause, at any time by the affirmative vote of a majority of the full membership of the City Council. The Municipal Judge(s) may receive compensation as determined by the City Council. (c) In the event of failure of any Municipal Judge to perform his or her duties, the Mayor may act in the Municipal Judge's place and stead (and in the event of a vacancy, until a Municipal Judge is appointed by the City Council to fill the vacancy). If the Mayor acts as Municipal Judge, the Mayor may be compensated at the same salary, if any, as the Municipal Judge for whom the Mayor is acting. (d) T#e-Administrator(s), Clerks -a -Rd Deputy Clerk(s), and Bailiff(s) of the Municipal Court(s)= to the extent authorized under state law —have the power to administer oaths, certify affidavits, make certificates, affix the seal of the Court, and perform all usual and necessary clerical acts in conducting the business of the Court(s) including but not limited to, the keeping of records and accounts of the Municipal Court(s). (e) All special expenses and fines imposed by the Municipal Court(s) must be paid into the City Treasury for the use and benefit of the City, as may be consistent with present and future laws. § 4.06. Personnel System. (a) Personnel rules must be prepared by the City Manager and presented to the City Council, who may adopt them by resolution, with or without amendment. The adopted rules must establish the City as an Equal Opportunity Employer and must govern the equitable administration of the Personnel System of the City. (b) The adopted rules must provide for the following requirements: (1) a pay and benefit plan for all City employment positions; (2) a plan for working hours, attendance policy and regulation and provision for sick and vacation leave; (3) procedure for the hearing and adjudication of grievances; (4) additional practices and procedures necessary to the beneficial and equitable administration of the City's personnel system; and (5) periodic evaluations based on a job description for all City employees by their immediate supervisor, including evaluation of the City Manager, City Secretary, Municipal Judge, and City Attorney by the City Council. ARTICLE 5 NOMINATIONS AND ELECTIONS § 5.02. Filing for Office. (a) Candidates for elective City offices must file for office in accordance with the Texas Election Code. (b) Candidates for elective City offices must: (1) be at least 21 years of age at the time of the election for which they are filing; (2) be a qualified voter; (3) have resided exclusively within the corporate limits of the City, or recently annexed territory, for at least 12 months before the filing date; (4) at the time of filing or while in office, be current in payment of taxes or other liabilities due the City after notice of any delinquency; (5) not file in a single election for more than one office or position as provided by this Charter; and (6) comply with all other City ordinances or resolutions that maybe applicable. (c) If an incumbent elected City official elected to serve a t-4eefour-year term shall announce their candidacy, or shall in fact become a candidate, in any General, Special or Primary Election, for any office of profit or trust under the laws of this State or the United States other than the office then held, at anytime when the unexpired term of the office then held shall exceed one year, such announcement or such candidacy shall constitute an automatic resignation of the office then held, and the vacancy thereby created shall be filled under this Charter in the same manner as other vacancies for such office are filled. (d) A City employee or officer may not continue in such employment or office after filing for an elective office provided for in this Charter. ARTICLE 7 FINANCIAL PROCEDURES § 7.05. Public Hearing on Budget. At the City Council meeting when the budget is submitted, the City Council must name the date and place of a public hearing and have published in the official newspaper of the City, at least twieeonce, the time and place, which will be not less than ten days nor more than 30 days after the date of notice. At this hearing, interested citizens may express their opinions concerning items of expenditures, giving their reasons for wishing to increase or decrease any items of expense. Notwithstanding the foregoing and to the extent state law provides for an applicable alternate method for publication, the City may forgo newspaper publication and publish the time and place of the hearing in accordance with the applicable state law. § 7.11. Capital Program. The City Manager must submit a fik-emulti-year capital program as an attachment to the annual budget. The program as submitted must include: (1) a clear summary of its contents; (2) a list of all capital improvements which are proposed to be undertaken during the five fiscal years succeeding the budget year, with appropriate supporting information as to the necessity for such improvements; (3) cost estimates, method of financing, and recommended time schedules for each improvement; and (4) the estimated annual cost of operating and maintaining the facilities to be constructed or acquired. The above information may be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. § 7.18. Independent Audit. When deemed necessary by the City Council, it may call —and at the close of each fiscal year— must call for an independent audit of all accounts of the City by a certified public accountant. No more than five consecutive annual audits may be completed by the same firm. The certified public accountant selected may have no personal interest, directly or indirectly, in the financial affairs of the City or any of its officers. The report of audit, with the auditor's recommendations, will be made to the City Council. Upon completion of the audit, the summaFy entire audit must be published on the City's website mast be pub! shed immediatelyin the effieial Rewspaper of the City and copies of the audit must be placed on file in the office of the person performing the duties of City Secretary, as a public record. Notwithstanding the foregoing and to the extent state law provides for an applicable alternate method for publication, the City may forgo newspaper publication and publish the summary in accordance with the applicable state law. ARTICLE 8 BOARDS AND COMMISSIONS § 8.01. Authority, Composition and Procedures. (a) The City Council may create, establish or appoint, as may be required by state law or this Charter, or deemed desirable by the City Council, such boards, commissions and committees as it deems necessary to carry out the functions and obligations of the City. The City Council may, by ordinance or resolution, prescribe the purpose, composition, function, duties, accountability and tenure of each board, commission and committee where such are not prescribed by law or this Charter. (b) Individuals who are qualified voters in the City may be appointed by the City Council to serve on one or more boards, commissions or committees. Such appointees serve at the pleasure of the City Council and may be removed at the discretion of the City Council. Except as otherwise provided in this Charter, members of any such board, commission or committee serve without compensation but may be reimbursed for actual expenses as approved by the City Council. (c) All boards, commissions or committees of the City must keep and maintain minutes of any proceedings held and must submit a written report of such proceedings to the City Council no more than th-r-ec six weeks following each meeting. (d) No City officer or employee nor any person who holds a compensated appointive position with the City may be appointed to any board, commission or committee created or established by this Charter other than in an advisory capacity. (e) An-�-If a board, commission or committee decides by a maiority vote of the full membership that a member has beenwhe—is absent from three GonseeYt+ve regular duly -noticed meetings, 9F 25 of regularly sGhed led m meting& during the 12-month period immediately preceding the most recent absence, the question of forfeiture shall be referred to the City Council for decision at the City Council's next regular meeting for which public notice can be provided. Unless the City Council decides against forfeiture by three -fourths of the Council Members present or four votes, whichever is greater, the member in question, without explaRatieR aeceptable to a majeFity of the ether members shall be deemed to have forfeited his or her position on the board, commission, or committee. (f) Members of boards and commissions serve two-year staggered terms. Members of committees serve terms as designated by the City Council. No member of a board or commission may serve on the board or commission for more than three completed consecutive terms exclusive of any unexpired term to which the member may have been appointed to fill due to a vacancy on the board or commission. ARTICLE 9 PLANNING & ZONING COMMISSION § 9.01. Organization. (a) There is hereby established a Planning & Zoning Commission consisting of seven members appointed by the City Council to staggered terms of two years. (b) The Commission members must be qualified City voters. (c) No member may serve on the Commission for more than three completed consecutive terms, exclusive of any unexpired term to which the member may have been appointed to fill due to a vacancy on the Commission. Any vacancy occurring during the unexpired term of a member may be filled by the City Council for the remainder of the unexpired term--I-e I I f each year, 9F dwFing the CO miroirin'r r.eXt mont;Rg after Iu ry 0 The Commission shall hold an organizational meeting annually de -es Pet Pqeet iR duly, at which the Commission must elect from its members a Chairman,— and Vice Chairman, and Seere ary to serve for one year beginning in that month. Members of the Commission may be removed, without cause, by an affirmative vote of a majority of the full membership of the City Council. (d) The Commission must meet at least once a month. If, however, there is no required business before the Commission during a given month, then the Commission may cancel or refrain from scheduling a meeting during that month. The Commission must keep minutes of its proceedings which must be of public record. -k4lPlutes will be r-eee-rdd^-.�by ". -�the �. The Commission serves without compensation. (e) Four voting Commission members constitute a quorum for the purpose of transaction of business. No action or recommendation of the Commission, except as specifically provided in this Charter, is valid or binding unless adopted by the affirmative vote of a majority of the Commission members present. The Commission must prepare and keep minutes -for all public meetings as required by law. Once approved by the Commission such minutes are a public record and must be kept and maintained by the City Secretary. Minutes must be approved no later than the third regular meeting held after the meeting for which the minutes are under consideration for approval. § 9.03. Procedure. (a) ac— b�After the Commission's annual organizational meeting,_ the Commission shall adopt its own rules of procedure and keep a record of its proceedings consistent with the provisions of this charter and the requirements of law and submit such rules to the City Council unless such rules were not modified.," rules and reg lati R-1 the r~+ Ce neil with the City nrt@R@go,-�Ic r Adatien�. The City Council may at any time amend, adopt or reject any such rules or regulations. If any rules or regulations should be rejected, the Commission may modify them and submit such modified rules and recommendations to the City Council. (b) Should any person on the Commission have a conflict of interest, under any state law or City ordinances regulating conflicts of interest of municipal officers, with an agenda item then before the Commission, he or she must openly declare same before discussion proceeds, and is then prohibited from discussing or voting on, and is not considered as present and voting for the purposes of the tally. (c) Should any person on the Commission choose to abstain from voting on any question before the Commission, where no conflict of interest exists, the person's vote must be recorded as a negative vote in the official minutes of the meeting. § 9.04. The Comprehensive Plan: Procedure and Legal Effect. (a) The Comprehensive Plan must include, but not be limited to, the Future Land Use Plan, Thoroughfare Use Plan, and Parks and Open Space Plan. The existing Comprehensive Plan for the physical development of the City contains recommendations for the growth, development and beautification of the City and its extraterritorial jurisdiction. Additions to and amendments of the Comprehensive Plan must be by ordinance ^ir reselutiei4, but before any such revision, the Commission must hold at least one public hearing on the proposed action. (b) A copy of the proposed revisions to the Comprehensive Plan must be forwarded to the City Manager who must submit the proposal to the City Council, together with the City Manager's recommendations, if any. The City Council, after a public hearing, may adopt or reject such proposed revision or any part of it as submitted w;+h;-. Gn daces following its submission by the City Manager. If all or part of the proposed revisions are rejected by the City Council, the City Council may request the Commission to make other modifications and again forward it to the City Manager for submission to the City Council. (c) Following the adoption by the City Council of the Comprehensive Plan, and any revisions thereto, it must serve as a guide to all future City Council action concerning land use and development regulations and expenditures for capital improvements. Any proposal which deviates from the Comprehensive Plan is not authorized until and unless the location and extent of the deviation has been submitted to and app,,qved reviewed by the Commission and the Commission has made a recommendation to the City Council.'^ ra-re^f dee.p. ' the tie—pese-rs evefi F:� c Tr61I1Rg .the Qcy C-eu eel —vim apprepriate effiEe, department er a.bon__-cy has threr't y to pFeceed ARTICLE 14 NEPOTISM, PROHIBITIONS AND PENALTIES § 14.08. Conflict of Interest. (a) To the extent prohibited by state law, noNL& officer, whether elected or appointed, or any employee, whether full or part-time, of the City, may have a substantial financial interest, direct or indirect, in any contract, other than employment contracts, with the City_; To the extent prohibited by state law, no officer, whether elected or appointed, or anv employee, whether full or part-time, of the City, may have a substantial financial interest, direct or indirect, in the sale to the City of any land, materials, supplies or services, ^ ept ^^ "^" '{ of the City as a�Aef#+Ee emp!Gyee,except aue'!ewed- by state lu':v. (b) Any willful violation of this Section constitutes malfeasance in office and any officer or employee found guilty of malfeasance in office must immediately forfeit his or her office or position. Any violation of this Section with the knowledge, express or implied, of the person or the corporation contracting with the governing body of the City renders the contract involved voidable by the City Manager or the City Council.