2006-12-14-MINS-Charter Study CommitteeMEETING
OF THE CHARTER STUDY COMMITTEE, CITY OF PARIS
CITY COUNCIL CHAMBER
107 E. KAUFMAN STREET
PARIS, TEXAS
THURSDAY, DECEMBER 14, 2006
4:00 0'CLOCK P.M.
1. The Charter Study Committee meeting was called to order by Chairperson, Philip
Cecil, at 4:00 o'clock p.m.
The following members were present:
Philip Cecil, Chairperson
Bill Payne
Charles Richards
Marva Joe
Ozie Battle
Louise Hagood
Charles Waldrum
David Hamilton
David Nabors
Bobby Walters (alternate)
The following members were absent:
Robert High
David House
Also, present were Janice Ellis, City Clerk; and Monte Akers, legal advisor.
2. Approval of minutes.
David Nabors made a motion to approve the minutes and David Hamilton seconded
the motion. Motion carried,10 ayes - 0 nays.
3. Monte Akers presented the Committee with proposed language pertaining to
Section 17 - Qualifications. Charles Richards and Charles Waldrum expressed
concern about the language, in that term limits does not specify a person cannot be
appointed after serving two terms. Mr. Akers will bring back additional language for
the Committee to review.
Chairperson Philip Cecil moved to item number 5.
5. Recommendation of Charles Waldrum and David Hamilton with regard to the
definitionlclarification of the words "convicted of a felony" in Section 17.
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December 14, 2006
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Charles Waldrum presented the Committee with wording for "convicted of a felony."
Charles Richards suggested language be included to coverwhat happens should someone
be convicted of a felony while in office. Monte Akers suggested following state law.
David Hamilton made a motion to retain the language that he and Charles Waldrum
had prepared, as it related to post-election qualifications and follow state law with regard
to pre-election qualifications. Bill Payne seconded the motion. Motion carried,10 ayes -
0 nays.
Chairperson Philip Cecil moved to item number 4.
4. Discussion of and possible action on publicity of Charter amendments.
Chairperson Philip Cecil stated he was concerned about the passage of time
between the Committee's recommendations and the actual election. Charles Waldrum
suggested that they give presentations to the civic groups closer to election time. Bobby
Walters suggested that Mr. Akers bring to the next meeting a draft of the propositions and
that they be given to Council. Marva Joe said she did not think that was a good ideal, but
instead present all of the recommendations at one time. No action was taken on this item.
6. Discussion of possible amendments to the City Charter.
The Committee began working through the CharterAmendment Issues as outlined below:
(30) Section 111 (Recall; general Chairperson Philip Cecil stated that this section
did not set out grounds for removal from office.
David Hamilton left the meeting at 5:40 p.m. and returned at 5:45 p.m.
Monte Akers advised the Committee that state law had recall provisions for general
law cities, but not for home rule cities. He informed the Committee should they desire
recall provisions, they would need to put it in the Charter. Charfes Waldrum made a
motion to have Monte Akers bring back wording at the next meeting and Charles Richards
seconded the motion. Motion carried,10 ayes - 0 nays.
(31) Section 112 (Recall procedure). The Committee decided that Section 112 needed
to be reviewed with Section 111. Monte Akers was asked to bring back wording for Section
112.
(32) Section 113 (Recall petitions). Chairperson Philip Cecil suggested inserting the
definition of a qualified voter. Charles Richards presented the Committee outlining the
definition of a qualified voter as set out in the Election Code Section 11.001 and 11.002.
The Committee decided that when a petition was circulated that it would have to be signed
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December 14, 2006
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by the qualified voters of the district in which a Council Member was being sought to be
removed. They also decided that the petition would require 51 % of the total number of
votes cast at the last election held in that district. Charles Richards suggested the petition
have at least 100 signatures and Charles Waldrum suggested 200 signatures.
David Nabors made a motion that the qualified voters signing a petition for recall be
of that district in which a Council Member was sought for removal, that the number of
signatures required be 51 % of the total number votes cast at the last election held in that
district; however that the petition shall contain the signatures of at least 200 qualified voters
of that district. Bill Payne seconded the motion. Motion carried,10 ayes - 0 nays.
(38) Section 132 (Personal Interest). Charles Richards made a motion to amend this
section to follow state law and David Nabors seconded the motion. Motion carried, 10
ayes - 0 nays.
Bobby Walters left the meeting at 5:30 p.m.
(39) Section 135(Persons indebted to the city shall not hold office or employment).
Monte Akers advised the Committee this section was in conflict with a federal lawsuit and
recommended deleting it.
David Nabors made a motion to delete Section 135 and Charles Richards seconded
the motion. Motion carried, 9 ayes - 0 nays.
Charles Richards suggested review of Sections 100 and 101. Louise Hagood
suggested review of Section 27 and Marva Joe suggested review of Section 28. The
Committee asked Monte Akers to bring back wording on these Sections at the next
meeting.
Marva Joe questioned as to whether or not they needed to review Section 39 and
the wording "he shall reside within the city."
Charles Richards made a motion to retain Section 39 as written and Louise Hagood
seconded the motion. Motion Carried 9 ayes - 0 nays.
The Committee will next meet Thursday, January 4, 2007, at 4:00 p.m. They will
begin with Section 6 of the City Charter (#2).
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December 14, 2006
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Adjournment.
There being no further business, the meeting was adjourned at 6:00 p.m.
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P ILIP CECIL, CHAIRPERSON