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HomeMy Public PortalAboutCharter Review Committee Minutes 08-29-2012 Charter Review Commission Minutes August 29, 2012 Community Board Room Members Present: Chairman Bill Agan Secretary/Vice Chair Jeff Ritter Member Loyce Greer Member Janece Hill Member Doug Knowlton Member LaRue Wall Audience Present: None Chairman Agan called the meeting to order at 7:10PM 1. Read and Approve minutes from last meeting (August 2 and 8, 2012) Member Knowlton motioned to approve the minutes from the August 2, 2012 meeting. Member Wall seconded. The motion was approved by unanimous vote. Member Wall motioned to approve the minutes from the August 8, 2012 meeting. Member Greer seconded. Member Knowlton abstained from voting due to absence from the meeting. The motion was approved by unanimous vote of those voting. Secretary Ritter stated he was happy the Commission was meeting again to finish reviewing the Charter in order to present the best proposed Charter document as possible to the City Council. Ritter also stated that whatever the City Council decides to do with the Charter is up to them, but at least the Commission will have presented a fabulous proposed Charter. Member Wall agreed with Secretary Ritter and stated we must all refocus on completing the Charter to the best of our ability. Secretary Ritter indicated that he had talked with a few members of the City Council and said that the Commission would be finished in 4 to 6 weeks. Chairman Agan stated that the City Council wished for the Commission to finish and present a proposed Charter for them to consider. Chairman Agan indicated that the members of the City Council would consider amending the Charter when time and money allowed—this year, or next, or some future time. n .-� 2. Review City Charter. Section 5.01 - Elections The consensus was to follow Attorney Elam's recommendation and simply state that elections would be held according to State Law and re-number the provisions. Section 5.02—Regulations of Elections The consensus of the Commission was to keep the language as proposed. Section 5.03—Filing for Office The consensus was to follow Attorney Elam's recommendation and refer qualifications back to section 3.02, and to re-number the provisions. Section 5.04—Official Ballots The consensus of the Commission was to keep the language as proposed. Section 5.05—Conducting and Canvassing Election Results Discussion regarding a plurality and majority votes needed. Attorney Elam had indicated that with 3 year terms, State Law requires a majority—which is 51%, not simply the candidate with the greatest number of votes. Paragraph 4 must read to require a majority of votes or 51%. Section 5.06— Taking of Office The consensus of the Commission was to keep the language as proposed. Section 5.07— Oath of Office The consensus of the Commission was to remove "elected or appointed". Section 6.01 —General Authorityfor Initiative, Citizen Referendum, Recall and Required Signatures. The consensus of the Commission was to keep the current Charter percentage requirements and current language. Member Knowlton stated he felt strongly that there should be a 6 month period from the time of election, re-election, or from a recall election before a person could be eligible to be recalled. Section 6.02—Form of Petitions: Committee of Petitioners The consensus of the Commission was to keep the language as proposed. Section 6.03 —Filing, Examinitation and Certification of Petitions The consensus of the Commission was to keep the language as proposed. Section 6.04—Amendment of Petition The consensus of the Commission was to keep the language as proposed. Section 6.05—Effect of Certification of Referendum Petition Discussion by all regarding possible removal of this Section as per Attorney Elam's recommendation. Member Greer stated that she felt strongly it should remain in the Charter as clearly protecting Citizen's rights in the event of Referendum and to make it clear. Secretary Ritter agreed that in the event of a Referendum, the ordinance in question should not be enforced during the time it is in question before the Referendum Election. Member Knowlton also agreed and felt strongly the section should be included. The consensus of the Commission was to keep the language as proposed. Section 6.06—Consideration by Council The consensus of the Commission was to keep the language as proposed. Section 6.07—Submission to Voters Attorney Elam stated that elections must be held on uniform election days. The consensus was to change verbiage to reflect the election is to be held on the next uniform Election Day. Section 6.08—Form of Ballot for Initated and Referred Ordinances Although Attorney Elam recommended the removal of this section due to the fact it is a State Law, the strong consensus of the Commission was to keep this section because it clearly states for the City Council and the Citizens exactly how the ballots are to be worded to prevent confusing wording. Section 6.09—Results of Election The consensus of the Commission was to keep the language as proposed. Section 6.10—Repealing Ordinances: Publication The consensus of the Commission was to keep the language as proposed. Section 6.11 —Recall: General The consensus of the Commission was to keep the language as proposed. Section 6.12—Recall: Filing Procedure The consensus of the Commission was to keep the language as proposed. Section 6.13 —Recall: Petitions According to Chapter 277 of the Election Code, the time frame is 180 days instead of 30. Section 6.14—Recall: Elections Attorney Elam stated that elections must be held on uniform election days. The consensus was to change verbiage to reflect that the election is to be held on the next uniform Election Day. Section 6.15—Ballots in Recall Elections The consensus of the Commission was to keep the language as proposed. Section 6.16—Results of Recall Elections The consensus of the Commission was to keep the language as proposed. Section 6.17—Limitations on Recalls Member Knowlton recommended adding "or within 120 days of his/her upcoming re- election"to the section. The consensus was to add Member Knowlton's recommended language. Section 6.18—Failure of Council to Fail or Refuse to Order a Recall Election The consensus of the Commission was to keep the language as proposed. 3. Assignment for Next Meeting The next meeting is scheduled for Wednesday SeptembeI012 for the Commission to continue reviewing the Charter. The Commission will begin with Article VII—Financial Procedures 4. Public Comments None 5. Adjournment Member Knowlton motioned to adjourn. Member Wall seconded. Chairman Agan adjourned the meeting at 8:40PM. Jeff Ritter-Secretary - �' ill Agan-Chairman