HomeMy Public PortalAboutCharter Review Committee Minutes 12-15-1994 Charter Review Committee
Meeting Date: December 15, 1994
Present were: Committee members: Chairman Michael Logan, Jean Spieker, Vice-
Chairman Don Acker, Lester Strother,David Ragan(arrived 7:57). Also present were:
Staff representative, City Secretary Terri Willis and City Attorney Paul Wieneskie.
1. Meeting of this rescheduled regular meeting was called to order at 7:33 P.M.
2. Lester Strother made the motion to accept the November 21, 1994 minutes as written.
Don Acker seconded the motion. Passed unanimously.
3. Chairman Logan called for the final review of our proposed Charter amendments.
Review notes:
2.01 City Attorney P. Wieneskie suggested change"now" to" as" and delete "and which
are". So agreed.
5.01 No change.
5.02 Typo on our copy first line "of' to "on".
5.03 Delete reference to this section as new 5.12 will stand alone. So agreed.
5.08 City Attorney Wieneskie suggested delete "after the election". So agreed,
5.12 No change.
6.04 (h)No change.
6.08 Complete rewrite as provided in December 6, 1994 letter from
City Attorney Wieneskie. Further discussion of this rewrite ensued, encompassing the
desire of the City Attorney to retain the most flexibility for the City Council in all matters,
as well as the concern of the Committee to incorporate the existing Court of Record into
the Charter. If the Charter is left as is, the City Council can abolish the Court of Record
by ordinance,the change will mean another amendment,with another vote will be
necessary if the citizens desire to go back to another Court system. Another concern of
Mr. Wieneskie is the cost of an appeal under the Court of Record is prohibitive to most
defendants. D. Ragan is opposed to change, he prefers the flexibility. Chairman Logan
previously noted the change will reflect the status of our system now,keeping our Charter
current. Consensus of the Committee is to keep the change as written.
Typo on page 2 add "s".
9.04 Typo "d" on required.
12.01 Change "input" to "comments". So agreed. Capital "F" typo.
J. Spieker questioned Mr. Hughes comments at our meeting concerning the calendar
of the budget as recommended and the state budget calendar. Chairman Logan recalled
Mr. Hughes advised us he would notify the Committee if there was any conflict, and, as
we have not been so notified there must be no conflict. City Attorney Wieneskie stated it
would be possible to comply with both.
12.02 No change. D. Acker questioned if 12.01 and 12.02 would stand alone as separate
propositions or be combined as one recommendation. Can stand alone. So agreed.
13.02 No change.
page 2
15.02. The only changes to this section are for typographical errors. Discussion of
necessity of Charter amendment to change typos ensued. The Charter as voted in by the
citizens is the legal document. Typos do not have the power to legally change the
meaning of a clause, only an amendment to a clause as voted on by the citizens would
have the power to change the original Charter. Therefore, no amendment to change a
section for typos is required. Remove this section from list. So agreed.
P. Wienskie stated the cleanest way to change typos would be during a reprint.
15.04 No change.
15.05 City Attorney Wieneskie recommended the change to read "within said 15 day
period " instead of " the next 15 days after the verification period."
15.06 No change.
15.07 Typo "form" to "from" and "petition" added .
15.08 Typo add "s" to proposition (s).
17.13 Last changed clause to read "and whether said officer or employee shall be
reinstated or shall be terminated and the position declared vacant"
17.22 New section as written by City Attorney Wieneskie in December 6, 1994 letter now
revised after discussion in this meeting to read :
Section 17.22 Rearrangement and Renumbering
The council shall have the power, by ordinance, to renumber and rearrange all articles,
sections and paragraphs of the Charter or any amendments thereto, as it shall deem
appropriate, and upon passage of any such ordinance, a copy thereof certified by the city
/"\ secretary shall be forwarded to Secretary of State for filing." So agreed.
Chairman Logan summed up the amendments and discussed the possibility of a new
format recommendation of two columns to the Council. He asked if there were any
further suggestions from the Committee. D. Acker inquired if there was to be a change to
the Preamble as had been discussed. After discussion between the Committee and City
Attorney Wieneskie L. Strother suggested we not change the Preamble. So agreed.
Chairman Logan put forth the idea one more meeting would be appropriate for the
Committee to see the finished product. Our goal was to present our recommendations in
a January 1995 Council Meeting.
City Attorney Wieneskie recommended the format for change be -1. the old in brackets
and the new underlined (also bold face if poss) and-2.consider using ballot language. This
will expedite the process and hopefully ease the way for the Council to consider putting
the amendments to a vote.
Secretary Spieker agreed to have this prepared for the next meeting January 5, 1995
7:30 P.M. and any corrections we make at that meeting can be changed in time for the
second Council Meeting in January.
No members of the public were present. Meeting was adjourned at 9:27 P.M.
Respectfully submitted,
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