12 Discuss need for Charter Amendments

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U~/U~/~UUD l~:J~ tAA ~UJ ~~(~~~l lIlJ1\ .tlljtllJJW~ Page 3. Mr. Tony Williams. August 4,2006. Court DecIsions Charter provisions are sometimes and over the years invalidated by court decisions. For example, Section 17 specifies that no person can be qualified to serve as a city councilman if that person is "found to be in arrears in the payment of any taxes or other liability due to the city." (This policy is reiterated in Section 135.) But the courts have held in recent years that such a qualification is not enforceable by a city. Local Determination It is not uncommon for variances in charters to occur as the result of the CIty manager and/or the governing body deciding to simply ignore, as inconvenient, certain charter provisions. Without some additional research, I can't be sure how many such variances are now occurring in the Paris situation, but there are a number. TIlE PROCESS OF COMPREHENSIVE AMENDMENT As a consultant, I have assisted a number of cities that had charter situatioIl5 similar to yours. The approach has been fairly standard. The council acknowledges the problem and authorizes the retention of a qualified consultant to assist in resolving it. Then, by resolution the council appoints a fifteen- member group of citizens-usually referred to Wi the Charter Review Committee. In some cases, the council designates a chairman for this committee, leaving it up to the committee to elect a vice chairman; in other cases the council defers to the committee to eject its own chairman and vice chairman. The city secretary ordinarily serves as secreta.Iy to the committee. handling the posting of meetings, the circulation of agendas and the recording of minutes. This committee is given a simple charge: to review the existing city charter, front to back and, with the help of the consultant, agree on specific amendments to all those sections in the charter that are identified as outdated, not in force or otherwise not appropriate at this time. From these determinations would come a written report and recommendations to the COuncIl. It is important for everyone involved to understand that this report is advisory only. The council will retain the authority to decide which, if any, of the recommended amendments will ultimately be placed on the ballot for voter consideration. Once the council makes this determination. a number of steps must follow. A ballot must be devised The proposed amendments must be mailed to all registered voters. (These documents have to be transJated into Spanish.) The amendments have to be submitted to U.S. Department of Justice for "pre-clearance." And various other administrative ~I)'j r""