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<br />b. The normal procedure in such a situation is to provide for the remaining members to <br />select a presiding officer to serve until such time that the mayor or mayor pro tern returns or <br />the office is filled. <br />c. Amend this section to provide a mechanism for selecting a temporary presiding <br />officer. <br />d. This amendment is suggested for efficiency and cleanup purposes. <br /> <br />11. a. Section 23 prohibits council members from directing the city manager or a subordinate <br />regarding the appointment or removal from office of any person, or to give direct orders to a <br />subordinate, but does not provide a penalty or ramification for violating the prohibition. <br />b. A mayor or council member may violate this prohibition without the council having a <br />mechanism to punish or prevent the violation. <br />c. Amend the section to provide a penalty, which could include removal from office after <br />due process. <br />d. It is not particularly uncommon for a council member to attempt to directly influence <br />city officers and employees, and doing so may not only violate the charter but could subject <br />the city to liability for harassment or wrongful constructive termination. The council should <br />have clear authority to prevent or punish such behavior. <br /> <br />12. * a. Section 29 provides that all meetings shall be open to the public. <br />b. State law, in the Open Meetings Act, has established a detailed and complex set of <br />regulations governing the types of deliberations that must be open to the public, and the few <br />(eight) circumstances when a closed session may be held. If Section 29 prevents the council <br />from holding any closed sessions, the governance and financial security of the City is put at <br />risk, particularly with regard to purchases of real estate, receiving advice of legal counsel, <br />frank discussion of city officers and employees, and pursuit of economic development <br />opportunities. <br />c. Amend this section to provide that all meetings shall be governed by the Open <br />Meetings Act. <br />d. This amendment will bring Paris into step with other cities in the state and should <br />eliminate situations in which confidential city business and information is unnecessarily <br />disclosed to the City's opponents, competitors, and critics, to the detriment of the citizens of <br />Paris. <br /> <br />13. a. Section 33 provides that a city ordinance need not be read more than once or <br />considered at more than one session in order to be effective, except as provided in Article XI <br />ofthe Charter. <br />b. Article XI (specifically Section 121) deals with franchises and requires three readings <br />of franchise ordinances. <br />c. In this section, delete the reference to Article XI if the suggested change to Section <br />121 discussed in Comment 36 below, (i.e. deletion of the requirement for multiple reading of <br />franchise ordinances) is adopted. <br />d. Changes in the law regarding franchises have essentially eliminated the reasons for <br />extended consideration of the granting of franchises, making this requirement unnecessarily <br />time-consuming for both the city and the affected utility. <br /> <br />4 <br />