12 Discuss need for Charter Amendments

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UIj;IH!~UU\) H:.lO tiU lJU.J OlJllilJOl VUI' tll~1IJir1ll ~ IIIIS & JltClATI .... JIfIin r.ftui plllfa: 903-597-495' 922 S. College Ave. Tyler, TX 75701 e.maif"danbon@cox-intemetcom DATE: August 4,2006 TO: Tony Williams, City Manager FROM: Don R. Edmonds, Consultant SUBJECT: Comprehensive amendment ofthe Paris home rule charter This is to respond to your informal invitation to review the Paris charter and to comment on its current condition. It is my understanding that you may use all or part of this information in further discussion with your city council about this matter. ~ GENERAL To put it simply and based on my cursory review, Paris's home rule charter is in fairly serious disrepair. Adopted in 1948, it was last amended in January 1996 when Paris voters approved seven ballot propositions put to them by action of the council. These approvals bad the cumulative effect of changing twtlve separate 5C'Ctions of the charter. (Certain of the ballot propositions dealt with more than one charter section-an unusual approach in the world of charter amendment.) In that same election the voters failed to approve five other ballot propositions that would have further changed the charter in various ways. So, as it is the Paris charter is not in the worst shape of any charter that rve ever seen, but it is still sadly out of date. In form and style, the charter in its original fonn is rather nicely drafted. Irs fairly standard in content and language. With one exception, there are no obvious inconsistencies and no apparent editorial deficiencies (as in spelling or grammar.) That exception is to be found in Sec. 97. This section 15 titled, "Election of councilmen by majority." But, to the contrary, the language within the section itself clearly describes election by plurality. This is a curious editorial error, and I understand that this matter has been the source of contention in the recent past. The larger problem, however, is that the charter does not accurately describe the way the city actually conducts much of its business. To CUfe this fact and to bring the charter up to date will be a somewhat involved process and, in my estimation, could eventually require the voter.; of the city to face a ballot with as many as twenty-five or thirty separate ballot propositions. This is based on my experience consulting with several other cities with simdar charter situations One thing is almost certain: if not attended to now, the magnitude of this problem will grow steadily. ~V, r'"