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Home My Public Portal AboutCharter Review Committee Minutes 07-07-1994 Charter Review Committee Meeting Date: July 7, 1994 Present were: Committee members Michael Logan, Chairman, Jean Spieker, Lester Strother, Don Acker(arrived 7:35), Vice Chairman, City Secretary Terri Willis, staff representative. The resignation from the committee, of Pat Jermyn was received by City Secretary Terri Willis. 1. Meeting was called to order at 7:31 P.M. 2. L. Strother made the motion to accept the June 2, 1994 minutes as written. J. Spieker seconded the motion. Carried unanimously. 3. The committee continued the review starting at Article XIV: Planning and Building Regulations. D. Acker arrived at 7:35 and was apprised of the meeting thus far. Review Notes: • Article XIV: Planning and Building Regulations Section 14.01 The Planning and Zoning Commission. See Att: Discussion List. • Article XV: Recall of Officers Section 15.04 Various Papers Constituting Petition. See Att: Amendment Suggestion. • Article XV: Recall of Officers Section 15.05 Presentation of Petition to City Council. See Att: Discussion List. • Article XV: Recall of Officers Section 15.07 Election to be Called. See Att: Discussion List. /'1 • ArticleXVI: Initiative and Referendum Section 16.02 A Initiative . See Att: Discussion List. • Article XVII: General Provisions Section 17.05 Public Records. See Att: Discussion List. • Article XVII: General Provisions Section 17.08 Execution, Garnishment, and Assignment. See Att: Discussion List. • Article XVII: General Provisions Section 17.13 Ethics See Att: Discussion List. • Article XVII:General Provisions Section 17.15 Political Activity . Sub-section 1 and 3. See Att: Discussion List. • Article XVII: General Provisions Section 17.16 Building Permits. See Att: Discussion List. • Article XVII: General Provisions Section 17.19 Bonds of Contractors. See Att: Discussion List. Article XVII: Saving Clause, Etc. and Article XIX: Vote on Proposed Charter were covered and reviewed by the committee. This completes our first review of the current City Charter. At our next meeting we will review our Discussion List and comparative work with other City Charters. Chairman Logan suggested we request City Attorney Paul Wieneskie to be present at our September meeting to review all items we have marked for his perusal. In keeping with this suggestion the Committee Secretary will send City Secretary Terri Willis a copy of all such marked items to be forwarded to the City Attorney before the August meeting so he has a full month to review items. D. Acker suggested it would be helpful for the Committee to have a list of articles solely for our discussion (excluding those for attorney review). So agreed. J. Spieker advised Malvin Brantley contacted her to request the Committee review the Article VI: Powers and Duties of Officers Section 6.08 Municipal Court Sub- Section 1 Judge of the Municipal Court. Mr. Brantley's concern was the appointment of a judge by the Mayor after our elected judge resigned. He felt the Charter should have a provision for another election in cases where the majority of the term remained to be served after the resignation. It was agreed by all this question would be added to our discussion list. Chairman Logan requested City Secretary Willis notify the Council and Staff we have completed our initial review of the Charter and would appreciate any suggestions they have for Charter revisions. Our next meeting will be August 4, 1994 at 7:30 P.M. 4. The meeting was opened to the public. Mr. JoDon Hicks asked if there was any special meeting set just for a citizen to speak on the Charter. He felt he may have spoken out of turn earlier in the meeting during discussion of Article XVI Sect. 16.02. Chairman Logan advised the meetings were always opened to the public and Public Comments were specifically on each agenda .Chairman Logan also pointed out we tried to be as informal as practical and Mr. Hicks' input was fine. Councilman Larry Wilson stated he felt his attendance at meetings such as ours was part of the learning process of being a Councilman. He appreciated our efforts. 5. Meeting adjourned at 9:22 P.M. n Respectfully submitted, Secretary Approved: /q l C2 7�, �IGC- 1 irman Amendment Suggestions : Article V: City Council Section 5. 02 Qualifications Change due to conflict with State law which deletes "and shall not be in arrears in the payment of any taxes or other liability due the City" . (4/7/94 minutes) Section 5. 05 Official Ballot Amend last sentence to read "Filing and withdrawing within time limits shall be as prescribed by State law" (4/7/94 minutes) Section 5. 08 Judge of Election Amend to read "a 51% majority is required in all places, or a runoff will be required" (4/7/94 minutes) Section 6. 04 City Manager Sub-section 3 Powers and duties of the City Manager Item h. Delete provision concerning a Grievance Committee. Amend to "Establish a local civil service commission" with an appeal clause to the City r Council . (5/5/94 minutes) Article XIII : Taxation Section 13 . 02 Power to Tax. Amend to read "and shall make such rules" . Deleting "and may" . (6/2/94 minutes) Article XV: Recall of Officers Section 15 . 04 . Amend last sentence to read "the councilperson' s Richland Hills address" (7/7/94 minutes) Items for Discussion Exclusive of Items For City Attorney 1. Changes to be authorized for typographical errors. 2. Cross- reference section . 3. Article V: Section 5.01 Amount of expenses. 4. Article V: Section 5.03 Term limits. 5. Article VI: Section 6.04 Sub-section 1 Residency requirement. 6. Article VI: Section 6.08 Typos confuse meaning, and appointment rather than another election after judge resigns early. 7. Article VI: Section 6.08 Sub-section 2 A 3/4 vote instead of simple majority for removal of Court Clerk. 8. Article XIV: Section 14.01 Ownership of real property requirement. Items for Future Discussion Paul Wieneskie, City Attorney, suggested the Committee might consider an amendment authorizing changes be made to the Charter covering typographical errors . (would not require a citizen vote) (3/3/94 organizational meeting notes) Lester Strother suggested we consider adding a cross- reference section to the Charter. (5/5/94 minutes) Article II : Boundaries Section 2 . 01 . We will check with the City Attorney on the meets and bounds of City limits, should they be specified in some way within the Charter. (4/7/94 minutes) Article V: City Council Section 5. 01 City Officials . At this time the consensus of the committee is to change the amount of the incidental expenses of the Council and Mayor to $25 and $50, respectively. (4/7/94 minutes) Article V: City Council 5. 03 Date of Election: Candidates to Run for Places : Places Designated. Discussion pertaining to limit of terms to 3 consecutive 2 year terms then sit out 2 years ensued. (4/7/94 minutes) Article V: City Council Section 5. 09 Vacancies . Concern was expressed over "in the case of only one" wording. It was decided to check with the City Attorney to see if it is necessary to provide for a "more than one" case. (4/7/94 minutes) Article VI : Powers and Duties of Officers Section 6. 04 City Manager Sub-section 1 Appointment and Qualifications . Discussion centered upon the residency requirement implied in the statement "and need not, when appointed, be a resident of the City. " One alternative suggested was to see if the City Council would consider this a more appropriate subject for an employment contract than a Charter provision. (5/5/94 minutes) Article VI : Powers and duties of Officers Section 6. 08 Municipal Court Sub-section (1) Judge of the Municipal Court. Held for discussion because typos leave some question h' as to meaning in paragraph. T. Willis has agreed to check master copy of this provision. (5/5/94 minutes)Also for discussion: Issue of appointment of Items for Future discussion continued: II judge after an elected judge resigns from office leaving the majority of his term to be served. Requested to be added to the discussion list by Malvin Brantley. (7/7/94 minutes) Article VI : Powers and Duties of Officers Section 6. 08 Municipal Court Sub-section (2) Clerk of the Municipal Court. Discussion questioned the fact a 4/5 Council approval vote is needed to remove the Court Clerk instead of a simple majority. (5/5/94 minutes) Article IX: Contracts Section 9 . 04 Competitive Bidding. The $5, 000 bid amount has possibly been changed to $10, 000 by the state. Discussion concerned if, indeed it has changed do we wish to keep it at $5, 000 . Needs to be discussed with City Attorney and City Manager for their views . (6/2/94 minutes) Article XIV: Planning and Building Regulations Section 14 . 01 The Planning and Zoning Commission. In question is requirement that commissioner be required to own real property within said City. It has been pointed out that this item has been resoundingly upheld by the voters . The alternate thought is that we may need to delete this requirement as protection against a discrimination suit. (7/7/94 minutes) Article XV: Recall of Officers . We are requesting the City Attorney review the entire Recall section due to possible changes in current law. Special attention to be given to Section 15. 05 and 15. 07, possible words missing. (7/7/94 minutes) Article XVI : Initiative and Referendum Section 16. 02 Sub- section A. Initiative . The question centers on the wording "qualified voter" vs . registered voter. The article requires signers to be qualified voters (City Charter Article V: Section 5. 05 Definition qualified voter) yet also states signers must sign in the same manner as recall petitions are signed, which only require registered voters (Article XV: Section 15. 02) . (7/7/94 minutes) Items for Future discussion continued: Article XVII : General Provisions Section 17 . 05 Public Records . It was decided to check with the City Attorney as more records have now been declared "open" as defined in The Freedom of Information Act. Also, L. Strother thought we could see if the definition of this Act could be included in our Charter. (7/7/94 minutes) Article XVII : General Provisions Section 17 . 08 Execution, Garnishment and Assignment .A question developed concerning liens against the City. During this discussion a second question arose and the Committee requested this section also be taken into account by the City Attorney to prevent a problem for the citizens and the City such as the "Lavon Bond" (Also see Section 17 . 19 Bonds of Contractors) (7/7/94 minutes) Article XVII : General Provisions Section 17 . 11 Offset to Debts . Does the City have a right to negate a debt owed to the City? Question posed to the City Attorney. (7/7/94 minutes) Article XVII : General Provisions Section 17 . 13 Ethics . Concern of the Committee is there is no provision for due process . Check with the City Attorney. (7/7/94 minutes) Article XVII : General Provisions Section 17 . 15 Political Activity. The concern is State and Federal law may affect this provision. Check with the City Attorney. (7/7/94 minutes) The Committee also requests the City Attorney advise us on the due process for the whole section. (7/7/94 minutes) Article XVII : General Provisions Section 17 . 16 Building Permits . This item held for future discussion and also to check with the City Attorney. The question is : The City has the right to adopt a model code, do we need a specific paragraph stating this code? (7/7/94 minutes) fems, Items for Future discussion continues: Article XVII : General Provisions Section 17 . 19 Bonds of Contractors . Check with the City Attorney to see how bonds may be placed, also reference Section17 . 08 . (7/7/94 minutes)