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<br />b. Properly this section should be entitled "Public Nature of Records" or <br />simply "Public Records." "Publicity" is usually considered to mean <br />"newsworthiness" or a similar concept. <br />c. Change the title to replace the inappropriate word. <br />d. Cleanup only. <br /> <br />"I" Second 38. a. Section 132 prohibits a council member, officer, or employee ofthe City <br />from having a financial interest, direct or indirect, by reason of ownership of <br />stock in excess of 1 % of the total stock of a corporation that contracts with the <br />city, or to have an interest in the sale ofland or materials, or to have other <br />direct or indirect financial interest. Violation subjects the officer or employee <br />to forfeiture of office or position and renders a contract voidable. <br />b. State law, through Chapters 171 and 176 of the Local Government Code as <br />well as penal provisions punishing abuse of office, address the type of conflict <br />of interest envisioned by this charter provision, and will punish violators, but <br />will not cause a city contract to fail or a person to forfeit office. <br />c. Amend this section to be governed by state law. <br />d. This charter provision is more restrictive than state law and may cause the <br />City to lose qualified officer holders, officers, or employees, or may cause an <br />important contract to fail. <br /> <br />"I" 39. * a. Section 135, entitled "Persons indebted to the city shall not hold office or <br />emploYment" provides that a person who is in arrears in taxes or other <br />liabilities due the city, even though qualified otherwise, may not hold office <br />or be employed by the City. Also see Comment 8 above. <br />b. As discussed under Comment 8 above, this provision is not enforceable. <br />c. Delete this section or amend it in a manner that will not subject the City to <br />any potential liability. <br />d. See Comment 8. A similar charter provision was held to be invalid in <br />Gonzales v. City of Sinton, 319 F. Supp. 189 (S.D. Tex. 1970). <br /> <br />"c" 40. a. Section 136, entitled "Oath of Office," contains a lengthy oath of office <br />which is different than that required by state law. <br />b. The oath of office is different than that which officers who are qualified to <br />administer the oath are accustomed to giving. <br />c. Amend the section to require the same oath of office required by state law. <br />d. Other than avoiding the necessity of having the Charter oath when new <br />officers are sworn in, there is no significant incentive for pursuing this <br />amendment. <br /> <br />"Q" 41. a. Section 149, entitled "Amending the Charter" contains requirements, such <br />as the mailing of a copy of all proposed amendments to each qualified voter in <br />the City, that are expensive and cumbersome. <br />b. Amendment of the Charter under this section is more complicated and <br />expensive than state law requires. <br /> <br />11 <br />