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HomeMy Public PortalAboutCharter Review Committee Minutes 08-30-2011 Charter Review Committee Minutes August 30, 2011 Community Board Room Members Present: Chairman Bill Agan Vice-Chair/ Secretary Jeff Ritter Member Ralph Smith Member LaRue Wall Member Doug Knowlton Member Loyce Greer Audience Present: Janice Hill Larry Marrs Layne Curts Theodora (Teddie) Stiles Donald Acker Alex Marrs The meeting was called to order by Chairman Bill Agan at 7:10PM 1. Elect Vice-Chair and Secretary Nomination of Jeff Ritter was made by LaRue Wall and seconded by Ralph Smith. No other nominations were presented. Jeff Ritter was elected Vice-Chair and Secretary by unanimous vote. Chairman Agan passed around an information sheet for all members to indicate their Contact information. Member Smith stated the Committee needed a scope and direction. Chairman Agan and Member Greer indicated their view of the committee was to review the current charter and make sure it was a viable document for the current times, as well as clarify sections that are unclear in some areas. Member Ritter recommended everyone visit http://www.municode.com and read other Cities' Charters and bring in ideas for discussion. Member Knowlton recommended we strive to make the Charter very clear and concise in order to be easily read and understood by the Citizens. I 2. Review articles 1 through 5 of Charter. Members Smith, Ritter and Greer recommended re-wording the Preamble so that it is more of a mission statement which includes the basic premises on which the City exists. Member Wall stated we all need to read other cities' Preambles as that may aid us in writing our own. Member Greer recommended that everyone become extremely familiar with all provisions of our charter so we can compare ours to other cities' charters. The Committee unanimously agreed. Chairman Agan stated we should from time to time check with the City Attorney when legal issues arise. He also reminded the Committee that the city attorney will be reviewing our final product before submitting it to City Council for approval. Member Smith stated his preference is to make as minimal changes as possible to the Charter and only as necessary. Member Knowlton agreed. Section 1.01 — Corporate Name No major changes were discussed for article 1.01 Section 2.01 — Boundaries And Limits Member Ritter questioned the wording of Section 2.01 in regards to "heretofore been established" on the City Map. Member Knowlton pointed out the boundaries do not change often, the verbiage was clear, and so no wording change was necessary. Chairman Agan will request a copy of the Official City Map for review by the Committee. Members Wall and Greer stated the City needs to be sure the Official Maps are updated to reflect the boundary adjustments of recent years. The Committee unanimously agreed. Section 3.01 — Form Of Government Members Greer, Ritter and Wall recommended reviewing verbiage of the section for and relevance to State law and general clarity. I Section 4.01 — Enumerated Powers Member Ritter questioned reference to Chapter 13, Title 28 State Law and agreed to research the law, other charters, and report next meeting. Member Smith stated he likes the Southlake verbiage on Powers Of The City. Member Greer stated she likes the Highland Village verbiage. Members Smith and Greer stated they believe all sections of the Charter should include relevant State Law references when applicable. The Committee unanimously agreed. Members Smith and Ritter questioned the manner of the Charter election regarding if the public was to vote on the Charter revisions as a whole, or by each revised section. Chairman Agan indicated it was his belief that it would be voted on as a whole. Member Ritter stated he liked the last sentence in the section regarding cooperation with other governmental entities and should remain unmodified. The Committee unanimously agreed. The Committee agreed this section may require re-wording. Section 5.01 — City Officials Member Wall stated the sum paid to Council members and Mayor should be raised or eliminated. Member Knowlton recommended a sum of $10.00 per each "regularly scheduled" Council meeting. The Committee unanimously agreed. Member Ritter questioned the travel expenses provision of the article. Member Ritter stated that travel expenses should be more clearly delineated. Member Ritter stated there are "travel" expenses as well as education opportunities for Council members, and they should be differentiated. Member Smith recommended a clear definition of"travel" and "education" expenses. After discussion of above topics by all members, the consensus of the Committee was that this section should clearly define: 1. Which expenses will be a budgetary item and will be paid for from City funds. 2. Which expenses will not be paid for from City funds. 3. Which travel and expenses must be approved by Council prior to the event. The Committee agreed this section will require more discussion and updating. Section 5.02— Qualifications Member Ritter questioned the verbiage in relation to being a resident for one year before the "election" or before "filing for candidacy". Members Smith, Knowlton and Greer indicated the section needed clarification. After discussion, the consensus of the Committee was that the section should clearly indicate a person must be a resident for year prior to "filing for candidacy". Member Ritter pointed out that the Charter states a Council member can not be convicted of a felony while in office, and recommended the verbiage be modified to state that a member of the Council can not be convicted of a felony at any time during or prior to taking office. The Committee unanimously agreed. Members Wall, Greer and Smith questioned the term "Moral Turpitude" as found in some other City Charters, and if that provision should be included. It was the consensus of the Committee that the term "Moral Turpitude" be defined and then make a determination on its inclusion in the Charter. Discussion by all members regarding Military service and active-duty personnel. Member Knowlton indicated there may be laws already regulating or protecting such military personnel and that provision should be researched. Member Ritter volunteered to ask the City Attorney about the provision. Member Smith pointed out that that may incur expense for the City. It was the consensus of the Committee to perform our own research before involving the City Attorney. The Committee agreed that this section will require more discussion and updating. Section 5.03. — Date of Election, Candidates to Run for Places, Places Designated. Member Greer pointed out the provisions of Texas Senate Bill 100 (SB100) and the assistance of the County in Municipal elections. Member Greer pointed out the County will not help the City in the May elections in even numbered years. Member Ritter pointed out the Bill's intent is to move all elections to November and that May elections to be held only in Odd-Numbered years. It became obvious to all members that this section is currently in clear conflict with the new State Legislation. Member Smith recommended holding off discussion of this section until the provisions and effects of the State legislation are clarified. The Committee agreed that this section will require much more discussion and will require updating to be in accordance with State Law. 3. Assignment for next meeting : The Committee members will review other Cities' Charters and bring in topics for discussion on Sections discussed as well as Section 6. Chairman Agan recommended the meetings be limited to 2 hours. Member Ritter added that meetings could go longer by vote of the Committee if necessary. The Committee unanimously agreed. 4. Public Comments Teddie Stiles: 1. Recommended that if training on a subject is to be held in Tarrant County, that the Council member should attend the Tarrant County training rather than traveling outside the County. 2. Recommended that after training, a Council member must report to the Council what was learned at the training session. Larry Marrs: 1. Pleased to see the Charter addressing Council and Mayor travel accountability. 2. Pointed out that an active-service military can not hold public office, so no need to modify section 5.02 in that regard. 3. Recommended that any sections that are revised should be individually voted upon by the Citizens during the Charter election. Donald Acker: 1. Pointed out he was a member of the 1995 Charter Review Committee. 2. The Charter election at that time was on an individual revised section basis. 3. Of the 15 recommended changes on the ballot, only 2 were not passed by the voters. 4. Pointed out that the 1995 Committee worked several months on the review process. Member Ritter motioned to Adjourn, seconded by member Knowlton. Motion to adjourn passed by unanimous vote. Meeting adjourned by Chairman Agan at 9:02 PM Respectfully Submitted, Jeffrey L. Ritter— Vice-Chair / Secretary L. Ritter, Secretary - ill Agan, Chair ' r � � Jeffreyry