Loading...
03-A Charter Study Committee Min 1-26-07 MEETING OF THE CHARTER STUDY COMMITTEE. CITY OF PARIS CITY COUNCIL CHAMBER 107 E. KAUFMAN STREET PARIS. TEXAS FRIDAY. JANUARY 26. 2007 4:00 O'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 Marva Joe Robert High Charles Waldrum David Nabors Charles Richards Ozie Battle Louise Hagood David Hamilton Bobby W alters (alternate) The following members were absent: Bill Payne David House Also, present were Ernie Clark, Interim City Manager; Kent Mcllyar, City Attorney; Janice Ellis, City Clerk; and Monte Akers, legal advisor. 2. Approval of minutes (1-18-2007). David Hamilton made a motion to approve the minutes and David Nabors seconded the motion. Motion carried, 7 ayes - 0 nays. 3. Discussion of possible amendments to the City Charter. Charles Richards arrived at 4:05 p.m. Philip Cecil directed the Committee's attention to Sections 84-92 of Mr. Aker's memo outlining "All Current Charter Amendment Propositions." He stated they had asked Mr. Akers to bring back wording, which would allow for the deletion of Sections 84-92, and add a new section making the Charter consistent with state law. David Nabors made a motion to create a new section, to accept the language ..,........,... ~.. .....,,-. Charter Study Committee January 26, 2007 Page 2 proposed by Monte Akers, and to delete Sections 84-92. Louise Hagood seconded the motion. Motion carried, 8 ayes - 0 nays. Robert High arrived at 4:08 p.m. Chairperson Cecil announced the Committee needed to meet on Thursday, February 8, 2007, and stated they would not be considering any new action after this meeting. He asked Monte Akers to bring a list of all the propositions to the next meeting. Robert High said it was important that all members be at the next meeting. Chairperson Cecil said he would contact David House and Bill Payne prior to the next meeting. Charles Richards proposed a new section be created to address "non-gender." Marva Joe stated that she did not want the word "female" omitted. David Nabors made a a motion that the language read, "It is understood, wherever in this Charter an individual is referred to in the male gender, it shall be recognized as referring to either male or female." Ozie Battle seconded the motion. Motion carried, 9 ayes - 0 nays. Charles Richards proposed language for an amendment to the Charter to include annual training requirements for City Council. Several members took the position that training should be addressed through policy or an ordinance, and not in the Charter. Several members were concerned that if it was not covered in the policy, that some of the Council Members would not receive training. Chairperson Cecil suggested that upon the presentation of the Propositions, a letter addressing the training concerns be presented to Council. David Nabors made a motion that the request for training of Council Members, be in the form of a letter and not addressed in the Charter. Charles Waldrum seconded the motion. Motion carried, 9 ayes - 0 nays. Charles Richards brought to the Committee five items for consideration received from Bill Strathern. The Committee reviewed the five items and determined that some of the items had been addressed and the other items should not be addressed in the Charter. Charles Richards will report the discussion and decision to Bill Strathern. Section 9 (Eminent domain). Charles Waldrum pointed out that he had deleted antiquated language. David Nabors referred the Committee to next to last sentence and stated the words "for such purposes" was too broad. David Hamilton made a motion to delete the words "for such purposes" and otherwise amend Section 9 as written by Charles Waldrum. Marva Joe seconded the motion. Motion carried, 9 ayes - 0 nays. Section 10 (Establishment and control of streets). Charles Waldrum presented Charter Study Committee January 26, 2007 Page 3 language to delete fruit stands and show cases, and include private property and other public property. David Nabors made a motion to accept the language proposed by Charles Waldrum and Louise Hagood seconded the motion. Motion carried, 9 ayes - 0 nays. Section 11 (Street improvements). Charles Waldrum presented language to extend street improvements and public property, as well as remove antiquated language. David Nabors made a motion to accept the language proposed by Charles Waldrum and Marva Joe seconded the motion. Motion carried, 9 ayes - 0 nays. Section 12 (Garbage). Charles Waldrum presented language that would change the word "Garbage" to "Solid waste disposal." In addition, he added language that would update and broaden the section. David Hamilton made a motion to accept the language proposed by Charles Waldrum and David Nabors seconded the motion. Motion carried, 9 ayes - 0 nays. Section 22 (Appointment and removal of city manager). Chairperson Cecil stated this section could be construed that the Council could not contract with a City Manager. Ernie Clark said that some managers will not accept a job without a contract. Monte Akers advised the Committee it was not a good ideal to have both provisions in the Charter, one that specified a contract and one that stated the City Manager was an at-will employee. He said if a multi-year contract provision was in the Charter, it would be considered a debt and they would have to allow for a sinking fund. Mr. Akers further advised the City Council had full authority to enter into a contract without a provision in the Charter. David Nabors made a motion to reject the new wording and leave as previously voted on, with regard to a contract and Robert High seconded the motion. Motion carried, 9 ayes - 0 nays. With regard to the public hearing provision, Charles Richards said the Charter was not clear. Mr. Richards proposed an additional amendment that would allow the city manager up to 30 minutes to respond to his termination, as well as allowing the public to speak for up two minutes in support of or opposition to termination. The additional amendment would also allow the public to address any aspect of the manager's performance. David Hamilton said he did not think the people should be limited to two minutes. Charles Waldrum suggested it be changed to allow people to speak for "at least two minutes." Kent Mcllyar suggested they may want have a provision in the Charter that the City Council will establish procedures for a public hearing. Chairperson Cecil suggested Charter Study Committee January 26, 2007 Page 4 they eliminate the two minutes and add "for a period of time as determined by the mayor." Mrs. Battle made a motion to accept a recommendation to delete a time limit and Marva Joe seconded the motion. Motion carried, 9 ayes - 0 nays. Section 26 (City Clerk). Monte Akers suggested changing the word "journal" to "minutes." Louise Hagood made a motion to amend Section 26 as proposed and Charles Waldrum seconded the motion. Motion carried, 9 ayes - 0 nays. Section 28 (City Attorney). Charles Waldrum presented additional amendments including clarification of the city attorney's power to hire an assistant city attorney. He also proposed the city manager have the power to terminate the assistant city attorney, should the city not have a city attorney. Mr. Clark said the assistant city attorney should not be employed at the will of the city manager, should there not be a city attorney. He stated proper procedure would be for Council to appoint an interim city attorney and that they should be proactive in filling the vacancy. Kent Mcllyar agreed with Mr. Clark. Subject to changing "at the will of the city manager" to "at the will of the City Council," David Nabors made a motion to accept the additional amendments. Charles Waldrum seconded the motion. Motion carried, 9 ayes - 0 nays. Section 31 (Rules of Procedure; minutes). Charles Richards proposed adding "exceptfor executive sessions, which require the keeping of a confidential certified agenda, which is not a public record". Mr. Akers explained that executive sessions were covered under state law. Mr. Akers suggested the amendment to read as follows: "The council shall determine its own rules and order of business. It shall keep minutes and a certified agenda of its proceedings as required by law." Charles Richards made a motion to amend Section 31 as recommended by Monte Akers and David Nabors seconded the motion. Motion carried, 9 ayes - 0 nays. Section 34 (Investigation by council). Charles Waldrum recommended adding "and other evidence," changing the fine from one-hundred dollars to five-hundred dollars, and adding a last sentence to read as follows: "Each day of failure to obey shall be considered a separate offense." David Nabors made a motion to amend Section 34 as recommended by Charles Waldrum and David Hamilton seconded the motion. Motion carried, 9 ayes - 0 nays. Section 58 (Contingent appropriation). With regard to Section 58, Chairperson Cecil reminded the Committee at the last meeting they elected to delete the language r- Charter Study Committee January 26, 2007 Page 5 dealing with emergencies. Chairperson Cecil said he thought they should revisit the issue, because of the items that came up at a recent council meeting regarding emergencies. David Nabors expressed concern about possible abuse should they leave the emergency language in the section. Bobby Walters said it still had to be approved by Council. David Hamilton stated the provision had safeguards in place. It was a consensus of the Committee to remove the language regarding emergencies, as previously amended. Chairperson Cecil directed the Committee to Section 70 for consideration. Section 70 (Transfers of appropriations). Ernie Clark told the Committee that most contingencies did not have a ninety day provision at the end of the budget year. Monte Akers said if had he realized there was a ninety day provision, he would have recommended deleting it. Charles Waldrum made a motion to delete the ninety day provision and David Hamilton seconded the motion. Motion carried, 9 ayes - 0 nays. Section 62 (Bond ordinance and election). Charles Richards suggested deleting the words "property taxpaying," because it implies only people owning property could vote. David Nabors made a motion to delete the words "property taxpaying" and David Hamilton seconded the motion. Motion carried, 9 ayes - 0 nays. Section 64 (Advertising and sale of bonds). Charles Waldrum proposed language that would allow the City to sell bonds in an advantageous manner, as well as free the City from having to purchase the notice in the newspaper. David Nabors made a motion to accept the language proposed by Charles Waldrum and Marva Joe seconded the motion. Motion carried, 9 ayes - 0 nays. Section 65 (Creation of sinking fund and investments). Monte Akers informed the Committee that he had spoken with Gene Anderson. He stated the section was antiquated. He referred the Committee to the language proposed by Charles Waldrum and suggested that the wording "bonds of the State of Texas, or in securities of the United States, or such funds may be used for the purchase of the bonds or warrants fo the City of Paris which are not yet due" be deleted and the wording "in accordance with the City's investment policy and the Public Funds Investment Act" added in its place. Subject to the changes suggested by Monte Akers, Louise Hagood made a motion to accept the language proposed by Charles Waldrum and Robert High seconded the motion. Motion carried, 9 ayes - 0 nays. Section 96 (Council Ballots). Charles Richards proposed language for amending T Charter Study Committee January 26, 2007 Page 6 Section 96, which would allow a candidate to use something other than his full name on the ballot. Monte Akers suggested deleting the last sentence, because it is governed by State Law. Subject to the change proposed by Monte Akers, David Nabors made a motion to amend Section 96 as proposed by Charles Richards and David Hamilton seconded the motion. Motion carried, 9 ayes - 0 nays. Section 134 (Relatives of officers shall not be appointed or employed). Charles Richards proposed language that would allow a person to serve on a board or committee if he or she had a close relative who served the City in a non-paying position. Monte Akers suggested changing the six months reference in that language, because that only applies to an elected official. David Nabors made a motion to amend Section 134 as proposed by Monte Akers and Marva Joe seconded the motion. Motion carried, 9 ayes - 0 nays. Section 17 (Qualifications). Monte Akers reminded the Committee he previously told them that the state's qualifications for office could not be changed by a city. He advised them he had since learned there is an exception for home rule cities with regard to age and local residency. He stated home rule charters may have a local and state residency requirement of not more than 12 months, and may have a minimum age of not more than 21 years. The Committee previously decided to amend the section to include a residency requirement of 12 months and an age of not less than 18 years. It was a consensus of the Committee to leave the qualifications as previously written. With regard to advertising, Bobby Walters suggested they draft written language for each Committee member and advertise on television. Charles Waldrum said once they have the language down, they need to develop the education process. Chairperson Cecil said they would need to have another meeting after City Council meets to discuss the propositions. Charles Richards expressed that City Council should have something in writing as to why they thought the changes were necessary. Monte Akers will prepare a document with the information. With regard to Spanish language on the ballot, Monte Akers explained the City was in possession of a pre-clearance letter dated in 1988. The letter gave the City pre- clearance do have ballots in English only, because the Spanish population was below 5%. The 2000 Census reflects the City to have a Spanish population of 4.1 %. Mr. Akers explained they had three options, one of which was to rely on the 1988 letter; prepare the ballots in Spanish and English; or seek another pre-clearance. He said the decision was up to the City Council. With regard to the ballot, Mr. Akers asked if they like the wording Yes and No or For T Charter Study Committee January 26,2007 Page 7 and Against. It was a consensus of the Committee to use the wording For and Against. 4. Adjournment. There being no further business, the meeting was adjourned at 6:42 p.m. , ~ HILlP CECIL, CHAIRPERSON 'T ....