12 Discuss need for Charter Amendments

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08/04/2006 14:35 FAX 903 5974951 VUN l::l)~lUMV~ Page 2. Mr. Tony Williams August 4, 2006 ONE POTENTIALLY SENSfTIVE ISSUE There appears to be at least one potentially sensitive issue here-the matter of recall of council members. When Paris changed its charter, in 1996, to provide for a system of single-member districts in council election, there was DO amendment made to Sec. 113, governing ~a11 petitions. The eJtisting requirement of a minimum of 700 signatures on a valid recall petition is a virtually impossible bar if applied to a single-member district. I understand that this matter is one that is currently under legal contention in the city. VARIANCES FROM CURRENT CHARTER PROVISIONS The principal problem in the current chaner is that a good many of its provisions are either not enforced or are not enforceable. There is a significant difference between the two, but the effect is much the same. I class aU such as "variances." (In the following discussion, I will refer to various issues by section number only. Since the CWTent charter is arranged so that each section is numbered consecutively, 1 through 150, there is no particular reason to also refer to particular articles, of which there are twelve. denoted by Roman numerals.) There are three reasons that actual city operations may differ radically from standing charter provisions. rn briefly mention each of these reasons separately and give examples of each to be found in the Paris charter. State Legislation Like it or not. the state legislature routinely convenes every other year and makes new laws or amends old laws. These actions often conflict with and/or effectively set aside provisions of home rule charters llC10SS the state. It could be fairly said that the basic concept of "home rule" has been severely curtailed by legislative action in the past fifty years. For this reason, Sections 83-92, having to do tax administration, are largely inapplicable to today's city operation Similarly, Sections 100-118. having to do with initIative, referendum and recall have been materially affected because the state severely limits the number of election dates available to cities-to only two each year And, Sections 119-130, having to do with franchise regulations, will have to be largely rewritten. in order to reflect current realities imposed by state law. ~\I')