City Council Members Interacting With City Staff Policy and Restrictions

[Robert Owen]

Posting this link for reference in the CRC forum for future discussion on drafting Charter direction on this topic.

Thread 'Procedures for Personnel Interaction'

Oct 26, 2025

Here is a prompt that I asked ChatGPT:

I have uploaded the City of Lago Vista's existing Procedures for Personnel Interaction Policy that was passed in 2024. I have uploaded a City Councilmen's proposed cover letter, revised interaction policy, a redline version, the existing City Charter, Code Construction Act, and 2025 Public Information. Would you please provide an unbiased view if the existing policy is in alignment with the Charter and if revisions are required, does the proposed new interaction policy meet those deficiencies. Please remain unbiased in your response.

Response...

• Adam Benefield
• Replies: 14
• Forum: City Council

• 

 

[Charles West]

Yes — it is both common and legal in Texas for a city charter to require that all city council contact with staff go through the City Manager.
This is a standard governance provision in council–manager cities and is widely considered best practice.

---

1. Is It Common in Texas?​

Yes. Very common.

Many Texas city charters include language such as:

“The Council shall deal with the administrative service of the City only through the City Manager, and neither the Council nor any of its members shall give orders to any subordinate of the City Manager.”

This language appears in:

• Numerous home-rule city charters
• Model charters used across Texas
• Cities of all sizes, from small communities to large metros

It is especially common where cities want:

• Clear lines of authority
• Professional, non-political staff administration
• Protection against individual council interference

---

2. Is It Legal Under Texas Law?​

Yes.

Legal Basis​

• Texas law allows home-rule cities broad authority to define:
  
  • Council–manager relationships
  • Administrative structure
• Requiring council–staff contact to go through the city manager:
  
  • Does not violate state law
  • Does not infringe on council authority
  • Is consistent with the Texas Local Government Code

Courts and city attorneys consistently view this as a lawful allocation of administrative authority, not a restriction on elected officials’ policymaking powers.

---

3. Why Cities Use This Charter Requirement​

Governance & Risk Management Reasons​

• Prevents conflicting instructions to staff
• Protects staff from political pressure
• Preserves manager accountability
• Ensures equal access to information for all council members
• Reduces risk of:
  
  • Personnel disputes
  • Open Meetings Act violations
  • Claims of favoritism or retaliation

---

4. Does This Mean Council Members Can’t Get Information?​

No.

This provision typically means:

• Council members:
  
  • Request information through the City Manager
  • Receive staff responses coordinated by the Manager
• It does not prohibit:
  
  • Transparency
  • Timely information
  • Staff presentations to council as a body

It regulates how, not whether, communication occurs.

---

5. Typical Charter Language (Example)​

Common Texas charter wording:

“Except for the purpose of inquiry, the Council and its members shall deal with the administrative services of the City only through the City Manager.”

This wording preserves:

• Council oversight and inquiry
• Managerial authority over operations

---

6. Bottom Line​

• Common in Texas council–manager cities
• Clearly legal under Texas law
• Considered best practice by city attorneys and ICMA
• Not viewed as limiting legitimate council authority

For cities like Lago Vista, such language would align squarely with standard Texas municipal governance norms.