05-A Charter Study Committee Min 1-4-07
MEETING
OF THE CHARTER STUDY COMMITTEE. CITY OF PARIS
CITY COUNCIL CHAMBER
107 E. KAUFMAN STREET
PARIS. TEXAS
THURSDAY. JANUARY 4. 2007
4:00 O'CLOCK P.M.
1. The Charter Study Committee meeting was called to order by Chairperson, Philip
Cecil, at 4:05 o'clock p.m.
The following members were present:
Philip Cecil, Chairperson
Marva Joe
Robert High
Charles Waldrum
David Nabors
Charles Richards
Ozie Battle
Louise Hagood
David Hamilton
Bobby Walters (alternate)
The following members were absent:
Bill Payne
David House
Also, present were Janice Ellis, City Clerk; and Monte Akers, legal advisor.
2. Approval of minutes.
The minutes of December 14, 2006, were approved subject to the correction of
page 2, paragraph 2, to read as follows: "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."
3. Report from Monte Akers regarding the wording of "term limits" under Section 16.
Mr. Akers gave recommendations to the Committee. Charles Richards and Charles
Waldrum brought to the Committee additional language. It was a consensus of the
Committee that no person serve more than two consecutive two year terms. The exception
would be if a person was appointed to serve an unfilled term and if that happened, he or
she would be eligible to run for two consecutive two year terms. A Motion to approve this
item was made by Louise Hagood and seconded by Robert High. Motion carried, 10 ayes
. .._... t
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January 4, 2007
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- 0 nays.
Marva Joe expressed concerned with having candidates elected by a majority vote,
because it would delay seating Council and electing a Mayor. She further expressed
concerned about delay in the budget process. Charles Richards said the mayor could
continue until a successor was elected. Chairperson Cecil stated the former City Manager
indicated there would not be a time conflict between a run-off election and the budget
process. Chairperson Cecil asked Monte Akers to research the issue and report back to
the Committee.
Mr. Akers presented language regarding qualifications of candidates to the
Committee. He told the Committee that state law required the candidate to live in the
district in which he or she seeks election, for a period of six months.
David Nabors made a motion to approve the recommended language of Section 17
as presented by Monte Akers. Chairperson Cecil inquired if anyone opposed the
language. There was no opposition - the Motion carried.
4. Report from Monte Akers regarding the wording of Section 27 (City Judge); Section
28 (City Attorney); Section 100 (Power of initiative); Section 101 (Power of
Referendum); Section 111 (Recall; general); and Section 112 (Recall procedure).
Section 27 (City Judge) - Chairperson Cecil referred the Committee to the document
prepared by Charles Waldrum and Charles Richards, wherein it adds a provision requiring
that the city judge be a lawyer. Charles Waldrum pointed out that the other addition
provides for the council to select an interim attorney to perform the city judge's duties, in
the event the city judge was unable to perform his duties. It was a consensus of the
Committee to approve the language presented by Mr. Waldrum and Mr. Richards.
Section 28 (City Attorney) - Mr. Waldrum said it was not realistic that the city
attorney should be a practicing attorney in Paris, as that would limit the Council from hiring
a qualified attorney outside the City. Chairperson Cecil recommended deleted the
sentence that states the city attorney shall represent the city in all litigation, because
outside counsel was employed for litigation. Louise Hagood suggested striking out the last
sentence of the first paragraph. It was a consensus of the Committee to approve the
changes.
Section 100 (Power of initiative) - Monte Akers referred the Committee to the
language proposed by Charles Waldrum and Charles Richards. Chairperson Cecil
suggested they specify the total number of votes cast in the last election; otherwise, they
would have to go back several elections. Louise Hagood suggested they delete the words
cumulative and contested. It was a consensus of the Committee to approve the wording
to include the suggestions as set out.
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January 4, 2007
Page 3
Section 101 (Power of Referendum) - Charles Richards recommended using the
same language as used in Section 100. It was a consensus of the Committee to approve
same.
Sections 112, 113 and 114 (Recall) - Chairperson Cecil asked for anyone who
wished to speak to do so. Charles Waldrum stated that setting out reasons for recalling
a council member may invite legal problems. Charles Richards and Marva Joe agreed.
David Hamilton said he had a problem in getting rid of a person without articulating the
reasons, because of that person being an elected official. Monte Akers gave an
explanation of his proposed changes. Robert High expressed he liked the wording of
Charles Waldrum and Charles Richards. David Nabors said he wanted the ability to recall,
but did not think they should set out the reasons. Mr. Richards suggested the council
member's response be placed on the ballot. Chairperson Cecil asked that Charles
Waldrum and Monte Akers get together and bring back additional language.
5. Discussion and possible action regarding Section 22 (Appointment and removal of
city manager); Section 27 (City Judge); Section 28 (City Attorney); Section 30 (Council to
be judge of qualifications of its members); Section 31 (Rules of procedure; journal); Section
100 (Power of initiative); Section 101 (Power of Referendum); Section 111 (Recall;
general); and Section 112 (Recall procedure).
Chairperson Cecil moved to Section 30 (Council to be judge of qualifications of its
members) - After a brief discussion, it was a consensus of the Committee to not make any
changes to Section 30.
Section 31 (Rules of procedure; journal) - It was a consensus of the Committee to
change the word journal to the word minutes.
Chairperson Cecil moved to Section 22 (Appointment and removal of city manager)
- he stated this issue was not one that was initially identified; however, based upon recent
circumstances they needed to make the process more clear. Charles Waldrum and
Charles Richards presented the Committee with language on Section 22. Chairperson
Cecil told the Committee the change would allow a public hearing prior to a vote for
termination. Robert High said that a similar process was used at PISD. Charles Waldrum
said that the word reinstatement should be added in the last sentence. With the addition
of reinstatement, it was a consensus of the Committee to adopt the proposed language.
6. Discussion of possible amendments to the City Charter.
Chairperson Cecil advised the Committee that he would like to schedule a meeting
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January 4, 2007
Page 4
for next week. The Committee elected to meet on Wednesday, January 10,2007, at 4:00
p.m.
7. Adjournment.
There being no further business, the meeting was adjourned at 6:10 p.m.
PHILIP CECIL, CHAIRPERSON