HomeMy Public PortalAboutCharter Review Committee Minutes 04-11-2012 Charter Review Commission Minutes
April 11, 2012
Community Board Room
Members Present:
Chairman Bill Agan
Secretary/Vice Chair Jeff Ritter
Member Loyce Greer
Member Doug Knowlton
Member LaRue Wall
City Attorney Betsy Elam
Audience Present:
Janece Hill
Jeremy Hill
Beverly Williams
Michaela Williams
Chairman Agan called the meeting to order at 7:00PM
1. Read and Approve minutes from last meeting
(April 5, 2012)
Member Greer motioned to approve the minutes from the April 5, 2012 meeting.
Member Knowlton seconded.
The motion was approved by unanimous vote.
2. Review City Charter.
City Attorney Elam stated that the Commission acts in an advisory capacity only and that
the members need to be aware that the City Council has the authority to accept the
proposed Charter in full, reject the proposed Charter, or make any changes they feel need
to be made. She emphasized that the City Council presents the proposed Charter to the
voters and that the Council can present whatever Charter they wish.
All members of the Commission asked questions regarding the authority of the Council
to accept or reject various portions of the Charter.
Member Greer stated that it was her belief that the Council had a duty to present the
proposed Charter to the voters. Attorney Elam stated that it was only an elected
Commission that had the authority to submit a non-amendable Charter.
Secretary Ritter asked if the Charter could be presented to voters with various sections up
for individual vote. Attorney Elam stated that it was up to the City Council and that they
could present the Charter and choose certain provisions to be voted upon individually and
r'-` inserted into the document as a whole.
Attorney Elam presented to each member a Charter Chart with her comments and
suggestions.
Attorney Elam stated that in general, a Charter is very general and without detail in order
to allow the City Council to make decisions govern by ordinance. She stated that a
Charter with too much detail only serves to limit the authority of a City Council and that
an overly detailed Charter may be rejected by the City Council.
Attorney Elam emphasized that a Charter can either serve as a limiting tool or serve as a
broadening tool beyond what is authorized in State Law.
Attorney Elam stated that the new provision of 3 year terms must be voted on by the
people at the election and that the 3 year term provision prompts several changes in
Charter regulations which must be approved by the Justice Department.
It was the consensus of the Commission to go through the Charter Chart and Attorney
Elam's comments and suggestions.
Attorney Elam stated that each paragraph should have an individual alpha or numeric
designation.
Secretary Ritter stated he would make sure each paragraph would be numbered.
Section 2.01- General Powers of the City
Attorney Elam recommended to remove the "sued..." language and include the words,
"without waiver of sovereign immunity".
Attorney Elam recommended stating a comprehensive list similar to what the City of
River Oaks has done in their Charter.
Attorney Elam recommended removing the "Local Self-Government" section entirely.
Attorney Elam recommended removing Section 2.03 entirely as a revised Section 2.01
would be more comprehensive and modern.
Section 3.01 —Number, Selection and Term
Attorney Elam suggested that this section needs major revision to explicitly provide the
methods each office would begin the 3 year term time frame, define the word "term" as
to what is full or unexpired and the amalgamation of each.
Section 3.02—Qualifications
Attorney Elam stated that 3.02 (4) is not permitted and should be deleted.
Section 3.03 —Quorum
Attorney Elam recommended that the Charter should state that the Mayor shall not be
counted towards the quorum.
3. Assignment for Next Meeting
The next meeting is scheduled for WEDNESDAY April 18, 2012 with the City Attorney.
Secretary Ritter asked Attorney Elam if it would be good to go ahead and start numbering
each paragraph. Attorney Elam stated it may be best to wait until more of the Charter
was completed to prevent having to re-number again.
Member Greer recommended everyone review the entire Charter to be sure everything is
addressed and to cross-reference sections from the current Charter with the proposed
Charter.
4. Public Comments
Beverly Williams—Stated that the Commission's work with the City Attorney was
amazing and extremely detailed and cumbersome.
5. Adjournment
Member Greer motioned to adjourn.
Member Knowlton seconded.
Chairman Agan adjourned the meeting at 8:50 PM.
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