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07 - Charter Review Consultant
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07 - Charter Review Consultant
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July 6, 2021 <br />Mr. Grayson Path <br />City Manager <br />City of Paris <br />135 SE1st St. <br />Paris, Texas 75461 <br />Dear Mr. Path: <br />It is my understanding that the City of Paris is considering an effort to amend its City Charter in certain respects. <br />Based on preliminary discussions with you and the Mayor, the purpose of this letter is (a) to comment on the <br />apparent need for revision; (b) to briefly review the legal process involved; and (c) to submit a proposal by which I <br />would be available to assist this effort as a consultant. <br />THE NEED. FOR AMENDMENT <br />The City of Paris is one of some 365 Texas cities governed under the terms of a local constitution, more commonly <br />known as a home rule charter. Paris's current charter was adopted in 1948 and revised with a sizeable number of <br />amendments in 2007, fifteen years ago. <br />As a general matter and based on my experience, any home rule charter that has not been routinely amended over <br />the years commonly has three types of problems. <br />First, the charter has certain requirements that, by local decision, are not being strictly observed in the current <br />operation of the city. The reasons for such variances are wide-ranging and their origins are sometimes difficult to <br />trace. <br />Then, the charter commonly include provisions that are no longer consistent with state law. This results from the <br />periodic preemption or standardization by the legislature of certain local functions and/or operations. <br />Finally, provisions in older charters have often been affected and/or set aside by various court decisions. <br />The result of these factors is a home rule charter that can't be taken totally at face value. Unfortunately, this can <br />lead to problems in the day-to-day operation of the city and to public misunderstandings, disputes, and even <br />lawsuits. <br />THE PROCESS OF AMENDMENT <br />All amendments to a home rule charter ultimately require approval of the electorate. The City Council may, of <br />course, submit proposed amendments on its own initiative and motion. However, if the need for amendment <br />seems extensive or if sensitive issues are to be considered, it is common for the Council to appoint a charter review <br />commission (sometimes referred to as a board or committee) composed of local citizens to assist in the process. <br />Such a body may meet for as short or as long a time as may be allowed by the Council, and the commission is <br />
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