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HomeMy WebLinkAboutR-2007-05 adopt legislative Omnibus for the 80th Legislative Session RESOLUTION NO. 2007- os- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS ADOPTING A LEGISLATIVE OMNIBUS FOR THE 80th STATE LEGISLATIVE SESSION FOR THE PURPOSE OF DEFINING THE POSITION OF THE CITY OF LA PORTE. OMNIBUS LEGISLATIVE POLICY A governing policy to enable the Mayor to direct the City of La Porte's legislative activities, absent specific positions taken by the City Council. A. The City of La Porte will support legislation that: 1. Furthers the principles of Home Rule and local self-governance 2, Brings additional revenue to the City of La Porte 3. Strengthens the ability of the City to act in the best interest of its citizens' health, safety, and welfare. B. The City of La Porte will oppose all bills that seek to: 1. Counter the principles of Home rule and local self-governance 2. Impose unfunded mandates to the City 3. Limit authority ofthe City to generate revenue 4. Create a loss of revenue to cities, or 5. Weaken the ability of cities to act in the best interest of its citizens' health, safety, and welfare Passed by the City Council this 26TH day of February, 2007. CITYO~7~ Alton E. Porter Mayor ATTEST: 0ha4if (J ,t(,~L~j Martha A. Gillett City Secretary AZPPr-~~D~ ~ 7 U"A~ I' ~dJ/' Knox W, Askins City Attorney --+n ,5 D (ll, D () RESOLUTION NO. 2007- OS" flo-l se/~c;l d A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS ADOPTING A LEGISLATIVE OMNIBUS FOR THE 80th STATE LEGISLATIVE SESSION FOR THE PURPOSE OF DEFINING THE POSITION OF THE CITY OF LA PORTE. OMNIBUS LEGISLATIVE POLICY A governing policy to enable the Mayor to direct the City of La Porte's legislative activities, absent specific positions taken by the City Council. A. The City of La Porte will support legislation that: 1. Furthers the principles of Home Rule and local self-governance 2. Brings additional revenue to the City of La Porte 3. Strengthens the ability of the City to act in the best interest of its citizens' health, safety, and welfare. B. The City of La Porte will oppose all bills that seek to: 1. Counter the principles of Home rule and local self-governance 2. Impose unfunded mandates to the City 3. Limit authority of the City to generate revenue 4. Create a loss of revenue to cities, or 5. Weaken the ability of cities to act in the best interest of its citizens' health, safety, and welfare C. The City of La Porte may either endorse or oppose bills that are consistent with the Report of the TML Legislative Policy Committee on General Government. Passed by the City Council this 26TH day of February, 2007. CITY OF LA PORTE ATTEST: Alton E. Porter Mayor Martha A. Gillett City Secretary APPROVED: Knox W. Askins City Attorney REPORT OF THE TML LEGISLATIVE POLICY COMMITTEE ON GENERAL GOVERNMENT 2006 1. Seek introduction and DaSSa2:e oflegislation that would: A. Provide for the following changes to Chapter 176 of the Texas Local Government Code (conflicts disclosure): 1. Include a de minimus or threshold amount of taxable income that triggers the requirement to file a conflictsdiscIosure statement. 2. Provide a reasonable, statutory retention period for statements and questionnaires. 3. Provide that questionnaires that do not indicate a conflict of interest are not required to be posted on a city's Web site. 4. Provide that interest received :from a personal bank account or other investments is not included in the definition of taxable income. 5. Clarify that political contributions to a city official are not considered a "gift" for purposes of Chapter 176. 6. Clarify that a city has no affirmative duty to ensure vendor compliance, and that the failure of a city to receive a questionnaire does not affect the validity of a contract. 7. Provide an exemption for gifts received from family members. 8. ClarifY that a vendor who is restricted by some other law from filing a questionnaire is not required to do so. 9. Provide that the tenn "contracts or seeks to contract" applies only to written contracts, rather than routine purchases. 10. ClarifY that only the city councilor other body that actually votes to approve contracts entered into by the city are subject to the disclosure requirement. 11. Provide that vendors who have no relationship with any city official' are not required to file a questionnaire unless and until such a relationship becomes known. 12. Provide that a purchase from a cooperative purchasing program is not subject to Chapter 176 requirements. 13. Provide that identifYing information relating to a public official's family members is confidential, as is the case under the Texas Public Information Act. .<'.-- 14. Provide that if a city charter prohibits a city official from having any interest in a contract with a city, the city is not subject to the requirements of Chapter 176. B. Authorize a city council to appoint a current councilmember to fill a vacancy in the office of mayor, thus overturning Texas Attorney General Opinion GA-0377 (2005). C. Exempt governmental mosquito control applicators from the full cost recovery requirements of the Texas Health and Safety Code. II. Support legislation that would: A. Establish a statewide disaster mutual aid system that would supplement existing mutual aid agreements. B. Provide full dollar funding for the Texas Commission on Law Enforcement Officer Standards and Education to enable the Commission to fully carry out its responsibility to help ensure citizens and visitors that Texas has the best-trained and most professional law enforcement personnel in the United States. 'c. Enable the use of competitive sealed proposals for the procurement of all goods and servlces. - D., Enable the use of electronic notice of bid/proposal notice to the public ofbid/proposal opportunities. E. Provide flexibility in hiring entry-level firefighters and police officers in civil service cities. F. Allow a fire chief or police chief to increase the number of appointments immediately below the department head level in civil service cities, III. Endorse legislation that would: A. Require electronic reporting of pawn shop data to local law enforcement agencies. B. In the case of an arrest warrant related to suspected child abuse, protect the confidentiality of juvenile information and the identity of a person who reports alleged child abuse. c. Reduce appeals to third-party hearing examiners of suspensions of less than three days by firefighters or police officers in civil service cities. D. Provide reasonable time limits for firefighters or police officers to return to work after temporary disabilities or disability retirements in civil service cities. E. Allow negotiated retirements arising out of or related to resolution of a lawsuit against a firefighter or police officer in a civil service city. 2 F. Define a day as eight hours for purposes of the statute referring to sick leave and vacation leave in civil service cities. G. Provide six additional months of probation for participants attending an academy, whether they are certified or not, in civil service cities. H. Allow a ranking officer other than the department head to deliver a letter of suspension in civil service cities. I. Reduce the administrative burdens of Chapter 143 of the Local Government Code (:fire/police civil service). J. Increase local parks fimding to $25 million, or more as appropriate. K. Enact the recommendations of the State Park Advisory Committee as published on August 24, 2006. (please see Appendix A, attached.) / N. Oppose legislation that would: A. Erode the authority of a city to impose a civil penalty on the owner of a vehicle if the vehicle's license plate is photographed while the vehicle is running a red light. B. Change or delete any of the current uniform election dates. ' C. Impose additional state costs or fees in municipal court. D. Negatively affect the ability of cities to investigate pawn shops and stolen property, such as legislation that would require mandatory holds. E. Expand the municipal court collection assistance program to either: (l) include more than the 24 cities that are currently affected; or (2) require more of the cities currently affected. F. Pennit waiver of appearance at a municipal court trial. G. Substantively change or expand the scope of the current disease presumption law. H. Impose expanded collective bargaining rights. I. Expand the current meet and confer law, J. Seek to limit management rights as they relate to personnel management. K. Limit cities' ability to appeal the decisions of third-party hearing examiners in civil service cities. 1. Mandate new or enhanced health care benefits or prescription drug coverage. 3 ~_....~ M. Mandate enhanced employment benefits. N. Make detrimental changes to workers' compensation law. O. Further erode municipal sovereign immunity. P. Subject cities to statutes oflimitation. Q. Restrict contingent fee contracts between cities and lawyers. R. Prohibit indemnification clauses in construction contracts. S. Cut state funding oflocal parks grants. V. Take no position on legislation that would authorize, but not require, law enforcement holds on pawn shop goods. VI. The Committee also recommended that the TML Board form a committee of city officials to visit with the leadership of the Texas Department of Transportation regarding current access management rules. VII. The Committee also recommended that the TML Board form a committee of city - officials to study the issue of insurance service office (ISO) ratings in unincorporated areas. 4