19 Council investigationCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
OS/07/08
Council Date: City Council Don Wilson 19.
OS/12/08
RECOMMENDED MOTION:
POLICY ISSUE~S~:
Council investigation
BACKGROUND:
Council Member Wilson requested that the agenda include an item to deliberate and act
on issuance of subpoenas related to an investigation regarding initiative petitions and
sworn affidavits filed March 18, 2008. Section 34 of the City Charter of the City of
Paris, Texas grants the Council the authority to "...make investigations as to municipal
affairs, and for that purpose may subpoena witnesses,...compel the production
of...evidence." Councilman Wilson has concerns about comments in The Paris News,
comments he has received from citizens, and possible irregularities in the petition
process. At Mr. Wilson's request, Mayor Freelen spoke with petition committee member
Eric Clifford and requested that he attend the May 12 meeting so that Mr. Clifford could
speak directly and openly to the City Council about issues and concerns related to the
initiative petitions. Mr. Clifford strongly declined the offer to address the City Council at
the May 12 meeting, but said that he would be willing to meet with the City Council in
private at his law office.
BOARD~COMMISSION RECOMMENDATION:
EXHIBITS:
Section 34 of the City Charter
ACTION: BUDGET INFO:
❑ Financial Report ~ Minute Order Expense $
❑ Department Report ❑ Resolution Budgeted Amt. $
❑ Presentation ❑ Ordinance yTD Actual $
❑ Public Hearing ❑ Other Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
~ Administration ~ City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ~ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris ~ Revised 2/04/08
~
§ 33
PARIS CODE
by the signature of the mayor and city clerk and
shall be systematically recorded and indexed in
an ordinance book in a manner approved by the
council. It shall only be necessary to record the
caption or title of ordinances in the minutes or
journal of council meetings. The city council shall
have power to cause the ordinances of the city to
be corrected, amended, revised, codified and printed
in code form as often as the council deems advis-
able, and such printed code, when adopted by the
council, shall be in full force and effect without
the necessity of publishing the same or any part
thereof in a newspaper. Such printed code shall be
admitted in evidence in all courts and places
without further proof.
(Res. of 5-21-07)
Sec. 34. Investigations by council.
The council shall have power to inquire into the
conduct of any office, department, agency, or
officer of the city and to make investigations as to
municipal affairs, and for that purpose may sub-
poena witnesses, administer oaths, and compel
the production of books, papers and other evi-
dence. Failure to obey such subpoena or to pro-
duce books, papers or other evidence as ordered
under the provisions of this section shall consti-
tute a misdemeanor and shall be punishable by
fine not to exceed five hundred dollars. Each day
of failure to obey such subpoena shall be consid-
ered a separate offense.
(Res. of 5-21-07)
Sec. 35. Independent annual audit.
Not less than thirty nor more than sixty days
prior to the end of each fiscal year the council
shall designate qualified public accountants, who,
as of the end of the fiscal year, shall make an
independent audit of accounts and other evi-
dences of financial transactions of the city govern-
ment and shall submit their report to the council.
Notice shall be given by publication in some
newspaper of general circulation in the City of
Paris that the annual audit is on file at the City
Hall for inspection. Such accountant shall have
no personal interest, direct or indirect, in the
fiscal affairs of the city government. They shall
not maintain any accounts or record of the city
business, but, within specifications approved by
Supp. No. 58
10
the council, shall post-audit the books and docu-
ments kept by the department of finance and any
separate or subordinate accounts kept by any
other office, department or agency of the city
government.
Sec. 36. Public library.
The city council shall have the authority to
establish and maintain a free public library within
the city and to cooperate with any person, firm,
association or corporation under such terms as
the city council may prescribe for the establish-
ment or maintenance of such free public library.
For budget purposes, the library shall be consid-
ered as a department of the city and the appro-
priations therefor shall comply with all the bud-
getary requirements as outlined in this Charter
and as may be prescribed from time to time by the
city council. Annual appropriations for the library
will not be continuing, but will revert to the
general fund in the same manner as the underspent
appropriations of the other departments.
Sec. 37. Housing authority.
The city council may create a housing author-
ity of such number, terms and compensation of
members as the council may determine and may
delegate to the housing authority such powers
relating to the planning, construction, reconstruc-
tion, alteration, repair, maintenance or operation
of housing projects and housing accommodations
as the council may determine.
Sec. 38. Disabled employees, pensions and
insurance.
The city council shall have authority to provide
for rules and regulations for maintaining employ-
ees when injured and disabled while performing
their duties, or it may provide for such plan of
insurance as it deems proper. The city council
shall have authority to establish a pension and
retirement system for any or all groups of officers
and employees in the service of the city. Any such
pension and retirement system shall be estab-
lished on a jointly contributory basis, with the
officers and employees sharing the cost equally
with the city, if feasible, except as to prior service
charges at the time of establishment, which shall
~4151