HomeMy Public PortalAboutCharter Review Committee Minutes 10-06-1994 Charter Review Committee
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Meeting Date: October 6, 1994
Present were: Don Acker, Vice-Chairman, Lester Strother, Jean Spieker, City Secretary
Terri Willis, staff representative.
Absent: Michael Logan, David Ragan.
1. Meeting was called to order at 7:34 P.M. by Vice-Chairman Don Acker. It was noted
that both Chairman Logan and D. Ragan had called to advise they were unable to attended
tonight's meeting due to unexpected business commitments.
2. Lester Strother made the motion to accept the September 15, 1994 minutes as
presented. Jean Spieker seconded the motion. Carried unanimously.
3. Continued review of the Charter. Chairman Acker noted we had concluded our last
meeting after covering Section 9.04.
Review notes:
Article XIV: Section 14.01.Chairman Acker asked that we review Article 14.01, which
was marked from our original coverage of the Charter. The question concerns the phrase
"who own real property within said City". In view of the opinion given by City Attorney
Paul Wieneskie in his August 2, 1994 letter, should we still attempt to leave this phrase
unchanged? L. Strother also questions this section. It was agreed by all to cover it with
the City Attorney at our next meeting. Chairman Acker verified with City Secretary Willis
,.� that October 13, 1994 was still agreeable with City Attorney Wieneskie.
Mayor Kelley stopped by to say " Keep up the good work". He was attending the Small
businessman's Meeting at the Community Center and took a break to come in and say
"Hello". We appreciate his continued support and contact.
ArticleXV:15.04 At this point discussion ensued over this section and the City Attorney'
suggestions. All agreed we would review this with him.
Article XII: Section 12.01. J. Spieker requested we review the suggested changes to
Section 12.01. Chairman Acker briefly discussed the reasoning behind the suggested
changes. He then reviewed each possible addition. L. Strother suggested for clarity's sake
the suggested time windows for each suggestion be put in reversed order. So agreed.
Chairman Acker also covered the memo submitted by D. Ragan on his budget suggestion,
total separation of Enterprise and General Funds, and Expenditures. Chairman Acker
stated the additional changes suggested, were structured to allow for citizen input , plus
allow for time to make changes based on any accepted suggestions. In this way we
would not be hampering the City Council by a mandatory separation of funds, but they
would be free to make that stipulation if they so desired. L. Strother stated he agreed with
the suggested additions and changes. He is in support of anything that will give time for
thoughtful discussion and encourage more communication on issues. All agreed.
(Th Article XIII: Section 13.02. Stay with change.
Article XV: Section 15.02. Stay with change.
Section 15.04. Stay with change.
Section 15.05. Stay with change.
Section 15.06. Stay with change.
Section 15.07. Stay with change.
Section 15.08. Stay with change.
Article XVII: Section 17.13 (3) Chairman Acker reviewed the suggested change and the
Committee's motive. We are still agreed. Chairman Acker also noted a "or employee"
was omitted from the final sentence. J. Spieker will correct for the next meeting.
We still agree a provision for typographical errors needs to be included in the Charter.
L. Strother suggested dates be put at the top of all Committee papers. So agreed.
This concluded our review of our Charter amendment suggestions. Chairman Acker
ascertained we were in agreement to the City Attorney being present at our next meeting.
Our next meeting is October 13, 1994, 7:30 P.M.
4. No members of the Public were present.
5. Meeting adjourned at 8:16 P.M.
Respectfully submitted,
-,;secretary Chairman
CHARTER AMENDMENT SUGGESTIONS
October 6, 1994
Change to:
Article II: Boundaries and Limits
Section 2.01 Boundaries and Limits
The boundaries and limits of the City of Richland Hills, until changed in the manner herein
provided, shall be the same as have heretofore been established and now exist and which are on
file with the City Secretary.
Article V: City Council
Section 5.01 City Officials
Change to:
The City Councilmembers and Mayor each shall be allowed, for incidental expenses, the sum of
Twenty-five($25.00) and Fifty($50.00)per month, respectively, and such designated actual
expenses supported in writing which shall have been presented to the City Council and received
approval.
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".
Section 5.03 Date of Election: Candidates to Run for Places: Places Designated
See new section 5.12 Limitations on Successive Terms.
Section 5.08 Judge of Election
Discussion concerns the feasibility of runoffs for Council Members.
Section 5.12 Limitations on Successive terms
No person shall serve as Mayor and/or Council Member for more than three(3) consecutive
terms. A term of office shall be for a period of two(2)years or any portion thereof.
Article VI: Powers and Duties of Officers
Section 6.04 City Manager, Sub-section 3. Powers and Duties of the City Manager Item h.
Change to:
The City Manager shall provide for a Civil Service System that provides for the dissemination of
personnel rules, regulations,job descriptions, and benefits as approved by the City Council,
excluding those persons exempted in appointed positions by the City Manager. The Civil Service
System shall provide for employee grievances or appeals affecting disciplinary actions, demotions,
promotions, compensations, or such other conditions affecting the status or working environment
of the employee. The Civil Service System shall provide for a Commission of five (5) members,
appointed by the Council, who will review grievances submitted in the appeal process. Exempted
employees shall be entitled to all other rights, privileges and benefits afforded all other employees
under the Civil Service System.
Section 6.08 Municipal Court Item (1) Judge of the Municipal Court
The consensus of the Committee is for the City Charter to reflect the Court of Record that we
now have in our City as voted on by the citizens. We further agree a procedure should be
established in the event the position of judge is vacated early. Our recommendation is one be
/'� written comparable to that for a council position,with an additional provision similar to "A
special election to take place within 90 days after the resignation of the Judge of Municipal Court.
In the interim, the Mayor, with the City Council's approval will appoint a replacement until such
election takes place.". This will be discussed with the City Attorney to more fully understand his
concern.
Section 6.08 Municipal Court (2) Clerk of the Municipal Court
City Manager Hughes submitted a suggestion for rewriting this section to bring it into conformity
with the Texas government Code, Subchapter P. General Laws for Municipal Courts of record.
Also to be discussed with the City Attorney.
Article IX: Contracts
Section 9.04 Competitive Bidding
Change to:
No contract shall ever be authorized except by approval of the City Council, provided, however,
that contracts for less than ten Thousand Dollars ($10,000) may be awarded without
advertisement and bid, as herein require, if in the opinion of the City Council such advertisement
and bid should be waived etc
Article XII: Finance: Budget
Section 12.01 Preparation and Submission
Three items are outstanding:
Addition: "In January, the City Manager will hold a Public Forum for the express purpose of
obtaining citizen input on items they would like to see included or considered in the budget for the
upcoming year."
Changes of dates: Not less than 60, but not more than 90 days prior to the beginning of the
budget year, October 1, the City Manager etc
Addition: "A Town Hall Budget Meeting to be held between 45 and 60 days prior to the
submission of the budget for a Public Hearing."
Article XIII: Taxation
Section 13.02 Power to Tax
Change to:
"....and shall make such rules". (Deleting "and may")
Article XV: Recall of Officers
Section 15.02 Recall Petition
Change for typos as recommended in Attorney Wieneskie's letter.
Section 15.04 Various Papers Constituting Petition
Change to:
Deleting "or subscription lists" from the first sentence, and the last clause in that sentence "or
upon other papers attached thereto"
Section 15.05 Presentation of Petition to City Council
Change to:
Verification period changed to 15 days, and the presentation time changed to "Shall present such
petition to the City Council of the City of Richland Hills at the first regular Council meeting held
within the next 15 days after the verification period. If no Council meeting is scheduled, there
shall be a Special meeting called to receive said petition."
Section 15.06 Public Hearing to be Held
Change to:
Fifteen days to request a public hearing (from five)
Section 15.07 Election to be Called
Change to:
Days changed to 45 and 60.
Section 15.08 Ballots in Recall Election Item (2)
Change to:
"For the removal of(name of person) from office by recall" and "Against the removal etc "
Article XVII: General Provisions
Section 17.13 Ethics
Addition and change to:
" shall immediately be suspended with pay, pending an outcome of an investigation of the
charges. Within five (5) days the officer or employee shall receive written notice detailing the
specific charges brought against him. A Public Hearing will be held within fifteen(15) days after
the written charge to determine whether the charges are well founded and whether the officer or
employee shall be reinstated or he shall be terminated and his position declared vacant."
Consider and amendment that allows for corrections of typographical or printing errors, without
requiring a citizen vote.