City Council

SUPPLEMENTAL PUBLIC NOTICE In accordance with the Open Meetings Act, Chapter 551 of the Government Code of Texas, notice is hereby given to all interested persons that the City Council of the City of Odessa will meet on Tuesday, November 19, 2024 at 3:00 p.m. in the Council Chambers, fifth floor, City Hall, 411 W. 8th St., Odessa, Texas for the following purposes: See Attached Agenda This notice is being posted on the south door of City Hall and on the bulletin board of the first floor of City Hall, Odessa, Texas, this the ______ day of November, 2024 at __________ ___.m., said time being more than seventy-two hours prior to the time at which the subject meeting will be convened and called to order. The public notice is also posted on the City of Odessa’s website www.odessa-tx.gov City Council Meetings are available to all persons regardless of disability. Individuals with disabilities who require special assistance should contact the City Secretary's Office at 432/335-3276, or 411 West 8th Street, First Floor, Odessa, Texas, during normal business hours at least twenty-four hours (24) in advance of the meeting. Norma Aguilar, TRMC, CMC City Secretary  CITY COUNCIL Javier Joven Mark Matta, District 1 Mayor Steven Thompson, District 2 Gilbert Vasquez, District 3 Greg Connell, District 4 Chris Hanie, District 5 Denise Swanner, At-Large City Council Meeting Agenda City Hall, 411 W. 8th St. City Council Chambers – Fifth Floor November 19, 2024 3:00 p.m. 1. Call to order Mayor Joven 2. Consider amending Chapter 6 of the City of Odessa Personnel Policies and Agapito Bernal Procedures. (Ordinance - second approval) Personnel policy prohibiting the use of TikTok on city owned or issued devices. 3. Discuss and consider voucher program for spay and neutering of animals at Council member Matta City of Odessa Animal Services. 4. Consider the canvass election returns and declare the results of the Norma Aguilar November 5, 2024 General City Election. (Ordinance - first and final approval) Declare City Council results from the election. 5. Issue the Certificate of Election to Mayor Elect Cal Hendrick, Council Mayor Joven members Elect Eddie Mitchell, Steven P. Thompson and Raymon Charles "Craig" Stoker IV. Present a certificate of election to the elected candidates. 6. Adjourn.  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 11/19/2024 Agapito Bernal City Manager's Office No Work Session? Contacted Legal? Item Type No Yes Regular Ordinance, CAPTION Consider amending Chapter 6 of the City of Odessa Personnel Policies and Procedures. (2nd Reading) SUMMARY Texas governmental entities are required to adopt a policy to fulfill the requirements of Government Code Chapter 620 and the Office of the Governor’s directive regarding the installation and use of prohibited technologies on government owned or issued devices and personal devices used to conduct government business. City staff has prepared a policy based on the Texas Department of Information Resources model policy. BLURB Personnel policy prohibiting the use of TikTok on city owned or issued devices. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents ORD 5o-075 Add Personnel Policy 6.106 (Covered Applications) (1).pdf,  ORDINANCE NO. 2024-__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, AMENDING CHAPTER 6 OF THE CITY OF ODESSA PERSONNEL POLICIES AND PROCEDURES MANUAL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED WAS NOTICED AND IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE WHEREAS, on November 27, 1990, by Ordinance No. 90-76, the City of Odessa adopted the Odessa Personnel Policies and Procedures Manual to facilitate efficient and economical services to the public and to provide for a fair and equitable system of personnel management; and WHEREAS, from time to time there is a need to update and or amend the Personnel Policies and Procedures Manual to be consistent with the needs of the City and its employees, to remain compliant with new laws and regulations, or to keep up with advances in technology; and WHEREAS, during the 88th Legislative Session, the Texas Legislature approved a bill relating to the use of TikTok on devices owned or leased by governmental entities and mandating all governmental entities to adopt a policy prohibiting its installation or use on such devices; and WHEREAS, there is a need to amend Chapter 6 of the Personnel Policies and Procedures Manual by adding Section 6.106 entitled Covered Applications; and WHEREAS, to avoid duplication and conflicting policies, there is a need to amend Section 6.105 of the Personnel Policies and Procedures Manual by deleting Article V entitled Use of Certain Social Media Applications and Services on City Devices Prohibited. CB ORDINANCES\5o-075 Add Personnel Policy 6.106 (Covered Applications) Page 1 of 6  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ODESSA, TEXAS Section 1. That Chapter 6 of the Personnel Policies and Procedures Manual is hereby amended by adding Section 6.106 entitled Covered Applications as shown by the attached Exhibit “A” to meet the requirements of Texas Government Code 620. Section 2. That Section 6.105 of the Personnel Policies and Procedures Manual is hereby amended by deleting Article V entitled Use of Certain Social Media Applications and Services on City Devices Prohibited. Section 3. That should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance or any other ordinance of the city as a whole or any part thereof, other than the part so declared to be invalid. Section 4. That this ordinance, since it does not impose any penalty or fine, shall go into effect following adoption on second approval as provided by City Charter Sections 61 and 65, without the need for publication. The foregoing ordinance was first approved on the 12th day of November, A.D., 2024, by the following vote: Mark Matta AYE Steven P. Thompson AYE Gilbert Vasquez ABSENT Greg Connell AYE Chris Hanie AYE Denise Swanner AYE Javier Joven AYE CB ORDINANCES\5o-075 Add Personnel Policy 6.106 (Covered Applications) Page 2 of 6  The foregoing ordinance was adopted on second and final approval on the 19th day of November, A.D., 2024, by the following vote: Mark Matta ___ Steven P. Thompson ___ Gilbert Vasquez ___ Greg Connell ___ Chris Hanie ___ Denise Swanner ___ Javier Joven ___ Approved this the 19th day of November, A.D., 2024. Javier Joven, Mayor ATTEST: Norma Aguilar, City Secretary APPROVED AS TO FORM: Daniel C. Jones, City Attorney CB ORDINANCES\5o-075 Add Personnel Policy 6.106 (Covered Applications) Page 3 of 6  ORDINANCE NO. 2024-___ EXHIBIT “A” PAGE 1 OF 3 Personnel Policies and Procedures Subject: Sec. Number: 6.106 Covered Applications Effective Date: November 19, 2024 I. Purpose The City of Odessa has a legitimate government interest in prohibiting the installation or use of covered applications or prohibited technologies on applicable devices. Use of the covered applications or prohibited technologies on the part of its personnel may become a problem if such use could threaten the safety and security of the City. II. Scope This policy applies to all City full- and part-time employees, city council members, contractors, paid or unpaid interns, and other users of City networks. All City employees are responsible for complying with this policy. III. Definitions City. The City of Odessa, Texas. Covered Application. a. The social media service TikTok or any successor application or service developed or provided by ByteDance Limited, or an entity owned by ByteDance Limited. b. A social media application or service specified by proclamation of the Governor under Texas Government Code Section 620.005. DIR. The Texas Department of Information Resources. DPS. The Texas Department of Public Safety. IV. Covered Applications on City-Owned or Leased Devices 1. Except where approved exceptions apply, the use or installation of covered applications is prohibited on all City-owned or -leased devices, including cell phones, tablets, desktop and laptop computers, and other internet-capable devices. CB ORDINANCES\5o-075 Add Personnel Policy 6.106 (Covered Applications) Exhibit  ORDINANCE NO. 2024-___ EXHIBIT “A” PAGE 2 OF 3 2. The City will identify, track, and manage all City-owned or -leased devices including mobile phones, tablets, laptops, desktop computers, or any other internet-capable devices to: a. Prohibit the installation of a covered application. b. Prohibit the use of a covered application. c. Remove a covered application from a City-owned or -leased device that was on the device prior to the passage of S.B. 1893 (88th Leg, R.S.). d. Remove an application from a City-owned or -leased device if the Governor issues a proclamation identifying it as a covered application. 3. The City will manage all City-owned or leased mobile devices by implementing security measures as defined in its Cybersecurity policies. V. Ongoing and Emerging Technology Threats 1. To provide protection against ongoing and emerging technological threats to the City’s sensitive information and critical infrastructure, DPS and DIR will regularly monitor and evaluate additional social media applications or services that pose a risk to the state of Texas. 2. DIR will annually submit to the Governor a list of social media applications and services identified as posing a risk to Texas. The Governor may proclaim items on this list as covered applications that are subject to this policy. 3. If the Governor identifies an item on the DIR-posted list described by this section, then the City will remove and prohibit the covered application. 4. The City may also prohibit social media applications or services in addition to those specified by proclamation of the Governor. VI. Bring Your Own Device Policy Should the City adopt a “Bring Your Own Device” (BYOD) program, then the City may consider prohibiting the installation or operation of covered applications on employee- owned devices that are used to conduct City business. VII. Covered Application Exceptions 1. The City may permit exceptions authorizing the installation and use of a covered application on City-owned or -leased devices consistent with the authority provided by Texas Government Code Chapter 620. 2. Texas Government Code Section 620.004 only allows the City to install and use a covered application on an applicable device to the extent necessary for: CB ORDINANCES\5o-075 Add Personnel Policy 6.106 (Covered Applications) Exhibit  ORDINANCE NO. 2024-___ EXHIBIT “A” PAGE 3 OF 3 a. Providing law enforcement; or b. Developing or implementing information security measures. 3. If the City authorizes an exception allowing for the installation and use of a covered application, the City must use measures to mitigate the risks posed to the state during the application’s use and must document whichever measures it took to mitigate the risks posed to the state during the use of the covered application. Personnel Policies and Procedures Manual - Section 6.106 First adopted 11/19/2024 Per Ord. No. 2024-___ CB ORDINANCES\5o-075 Add Personnel Policy 6.106 (Covered Applications) Exhibit  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 11/19/2024 Norma Aguilar City Secretary No Work Session? Contacted Legal? Item Type No Yes Regular Ordinance, CAPTION Canvass election returns and declare the results of the November 5, 2024 General City Election. (Ordinance - first and final approval) SUMMARY Texas Election Code requires that the governing body canvass the results from the election. BLURB Declare City Council results from the election. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents ORD Canvassing Returns 2024 General Election (002).pdf,  ORDINANCE NO. 2024-___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, CANVASSING RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON THE 5TH DAY OF NOVEMBER 2024; DECLARING THAT CAL HENDRICK IS ELECTED AS MAYOR FOR A FOUR-YEAR TERM; DECLARING THAT CRAIG STOKER IS ELECTED AS COUNCILMEMBER AT- LARGE; DECLARING THAT EDDIE MITCHELL IS ELECTED AS COUNCILMEMBER DISTRICT 1 FOR A FOUR-YEAR TERM; DECLARING THAT STEVEN P. THOMPSON IS ELECTED AS COUNCILMEMBER DISTRICT 2 FOR A FOUR-YEAR TERM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED WAS NOTICED AND IS OPEN TO THE PUBLIC AS REQUIRED BY LAW AND DECLARING AN EMERGENCY WHEREAS, the City Council of the City of Odessa caused to be published a notice announcing the general election to be held on the 5th day of November 2024; and WHEREAS, notice of said election was actually given as required by law and as directed by the election order as is shown in the office of the City Secretary; and WHEREAS, said elections was duly and legally held on the 5th day of November 2024, in conformity with the election laws of the State of Texas, and the results of said election have been certified and returned by the proper judges and clerks thereof; and WHEREAS, this Council has today considered the returns of said election held on the 5th day of November 2024; and WHEREAS, it appears to the Council, and the Council so finds, that the said election was in all respects lawfully held; and LECH\(O) Ordinances\(O-5) Elections\O-5-104 General Election 2024\ORD Calling the 2024 General Election Page 1 of 3  WHEREAS, it appears to the Council, and the Council so finds, that the Election Officers have tabulated the results of said election and certified such tabulation to the Council, and that such tabulation is correct. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ODESSA, TEXAS: Section 1. That the tabulation of votes cast in the general election held on the 5th day of November 2024, made and certified to by the Election Officers of the City of Odessa, a copy of which is attached hereto and made a part hereof, be and the same is hereby adopted as the official tabulation of the votes cast at said election and that said tabulation be filed and recorded in the official records of the City of Odessa as the official canvass of said election. Section 2. That the said official canvass of the returns of the said election show the following: Mayor Cal Hendrick to serve a term of 4 years until the 2028 General Election Council Member 1 Eddie Mitchell to serve a term of 4 years until the 2028 General Election Council Member 2 Steven P. Thompson to serve a term of 4 years until the 2028 General Election Council Member At Large Craig Stoker to serve a term of 4 years until the 2028 General Election Section 3. That the necessity of making an official canvass of votes cast in the aforesaid election and declaring the said results of said election within a certain period of time creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance shall be passed finally on the date of its introduction but that such ordinance shall be read at two separate meetings of the City Council, and having declared such emergency and necessity to exist, and having waived the Charter rule requiring two separate readings so that this ordinance shall take effect and be in full force and effect from and after its passage. LECH\(O) Ordinances\(O-5) Elections\O-5-104 General Election 2024\ORD Calling the 2024 General Election Page 2 of 3  The foregoing ordinance was approved and adopted on the 19th day of November, A.D., 2024, by the following vote: Mark Matta ___ Steven P. Thompson ___ Gilbert Vasquez ___ Greg Connell ___ Chris Hanie ___ Denise Swanner ___ Javier Joven ___ Approved this the 19th day of November, A.D., 2024. Javier Joven, Mayor ATTEST: Norma Aguilar, City Secretary APPROVED AS TO FORM: Daniel C. Jones, City Attorney LECH\(O) Ordinances\(O-5) Elections\O-5-104 General Election 2024\ORD Calling the 2024 General Election Page 3 of 3  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 11/19/2024 Norma Aguilar City Secretary No Work Session? Contacted Legal? Item Type No No Regular Presentation,Other, CAPTION Issue the Certificate of Election to Mayor Elect Cal Hendrick, Council members Elect Eddie Mitchell, Steven Thompson and Raymon Charles "Craig" Stoker IV. SUMMARY Texas Election Code Section 67.016 requires that the Mayor issues a Certificate of Election to each candidate who is elected at the election. BLURB Present a certificate of election to the elected candidates. Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents