HomeMy Public PortalAboutCharter Review Committee Minutes 04-25-2012 Charter Review Commission Minutes
April 25, 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 7:06PM
1. Read and Approve minutes from last meeting
(April 18, 2012)
Member Wall motioned to approve the minutes from the April 18, 2012 meeting.
Secretary Ritter seconded.
Member Knowlton abstained due to absence from the April 18, 2012 meeting.
The motion was approved by members Ritter, Greer and Wall.
2. Review City Charter.
City Attorney Elam presented an updated Charter Chart to the members of the
Commission.
Section 3.01 -Number, Selection and Term
Attorney Elam provided suggested language for the paragraph describing a term and term
limits and pointed out that all qualifications belong in the qualifications section.
Section 3.02- Qualifications
Attorney Elam stated 3.02(4) is not permitted by State Law and should be removed.
Section 3.03 -Quorum
Attorney Elam provided language to include the Mayor when counting toward a quorum.
Section 3.13 -Conflict Of Interest
Attorney Elam stated that Chapter 171 of the Local Government Code states what is a
(-) Conflict of Interest and that the section was not needed.
Members Greer and Ritter questioned if the section could be combined with 3.12.
Attorney Elam indicated that it would be appropriate to do so.
Section 3.17—Rules of Procedure—Minutes
Attorney Elam stated that most of this section is included in State Law and the section
should be simplified.
Section 3.20—Public Comment
Attorney Elam stated that Robert's Rules of Order is not appropriate for a meeting of a
municipal governing body.
Secretary Ritter indicated he would rewrite and restructure the section for clarity.
Section 4.01 —City Manager
Attorney Elam strongly recommended that the Charter not place any additional burdens
on the City Council, and leave all responsibility with the City Manager.
Secretary Ritter pointed out that the purpose of the verbiage was to allow the Council to
shoulder some of the responsibility and be accountable to the citizens.
Attorney Elam responded that the City Council should not be involved in the day-to-day
operations of the City or any personnel decisions. The City Manager should be the only
one responsible for operations, personnel, and responding to the Council.
Attorney Elam stated that if the City Council's responsibility is to direct the City
Manager and if there is a problem, to remove the City Manager.
Secretary Ritter and Member Wall discussed the adversarial nature of the relationship
where the only course of action of a Council is to remove a City Manager.
Extensive discussion by all of the responsibilities of the City Manager and how the
Citizens' concerns can be addressed if their elected officials have no control of the
operations of the City.
Attorney Elam stated that the threat of removal of the City Manager should be enough
impetus for any City Manager to be responsive to a City Council and Citizen's concerns.
Section 4.05—Municipal Judge
Attorney Elam stated that Section 30.000085 of the Government Code dictates that a
Charter establish "reasons and procedures" for the removal of a judge.
Attorney Elam also stated that Section 30.000009 requires that the Municipal Clerk be
appointed and removed by the City Council.
Section 4.08— Other Administrative Departments
Attorney Elam strongly cautioned to not allow the City Council to get involved in any
(�; way with personnel or day-to-day operations and leave it all to the City Manager.
Section 4.09—Personnel System
Attorney Elam stated that this section was not necessary in a City Charter, but that the
Charter may require a City Council to establish a Personnel System in accordance with
State Law.
Section 5.01 - Elections
Attorney Elam stated that this section should only state, "Elections shall be conducted in
accordance with State Law."
Section 5.03—Filing For Office
Attorney Elam stated this section should not repeat qualifications as stated in 3.02.
Attorney Elam offered simplified language for the section in the Charter Chart.
Section 5.05—Conducting and Canvassing Election Results
Attorney Elam explained the difference between a plurality and a majority. A plurality
means the person receiving the greater number of votes and a majority means that a
person must receive 51% of the total vote
Attorney Elam also pointed out that in Cities with 3 year terms, it is required that the
winner must receive a majority (51%) of the vote
Section 5.07—Oath of Office
Attorney Elam stated that this is addressed in State Law and the Charter need only to say
an Oath will be taken in accordance with State Law.
3. Assignment for Next Meeting
The next meeting is scheduled for WEDNESDAY May 9, 2012 with the City Attorney to
continue receiving legal advice from City Attorney Betsy Elam.
4. Public Comments
None
5. Adjournment
Member Knowlton motioned to adjourn.
Member Wall seconded.
Chairman Agan adjourned the meeting at 8:53 PM.
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