2004-08-23 Regular Meeting, Public Hearing, and Workshop Meeting

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IRSKINS & ARMSTRONG, P.C• ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P. 0. BOX 1218 LA PORTE, TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG CLARK T. ASKINS September 13, 2004 Mayor and City Council City Hall City of La Porte TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 E-MAIL: kwaskins(ftol.com iohn-a(ftwbell.net ctaskinsC2swbell.net RE: Agenda Item 5 (D), Ordinance 2004-2505A, appointment of civil service commissioners Dear Mayor and Council: On Friday, September 10, 2004, 1 was .advised by Ms. Sherri Sampson, Human Resources Director, that Chief of Police Richard Reff had received a Texas Attorney General's opinion letter concerning the legality of civil service commission members serving consecutive terms. Our office has reviewed the opinion, a copy of which is attached to this letter for your reference. The single issue considered by the Attorney General, in response to an inquiry by the District Attorney's office of Denton County, was whether an individual may be reappointed to a second consecutive term on a civil service commission. The Attorney General concluded that a civil service member may not serve consecutive terms. This matter is of immediate concern to the City of La Porte due to the fact that an ordinance had previously been placed on the September 13, 2004 agenda, for the appointment of civil service commission members, with two of the appointees (Ms. Janice Lawler and Mr. Bobby Powell) being current members of the commission. Under the Attorney General's ruling, neither Ms. Lawler nor Mr. Powell would be eligible to be reappointed. As such, our office would strongly advise council that this item be removed from the consent agenda and tabled until such time as appropriate measures can be taken to reach a solution in this matter. Thank you, and should you have any questions please do not hesitate to contact me at my office.