HomeMy WebLinkAbout08-07-12 Citizen's Charter Review Advisory CommissionCHUCK HARRINGTON
Chair
DAVID BRADY
Vice Chair
NOLAN ALLEN
TIM COWART
PAUL FEAZELLE
MARK FOLLIS
NANCY LOTZE
NANCY OJEDA
STAN SHERWOOD
CITY OF LA PORTE CITIZENS' CHARTER REVIEW ADVISORY COMMISSION
MEETING MINUTES OF AUGUST 7, 2012
The Citizens' Charter Review Advisory Commission met on August 7, 2012, at 6:00 p.m. in the La Porte
City Hall Council Conference Room, 604 West Fairmont Parkway, La Porte, Texas, to consider the
following items of business:
1. Call to Order and Roll Call.
Chairman Chuck Harrington called the meeting to order at 6:00 p.m. Commissioners present
were: Nolan Allen, David Brady, Tim Cowart, Paul Feazelle, Mark Follis, Chuck Harrington and
Nancy Ojeda. Absent: Stan Sherwood and Nancy Lotze. Staff present: City Secretary Patrice
Fogarty and Assistant City Attorney Clark Askins.
2. Approval of minutes of Commission meeting on July 24, 2012.
Commissioner Allen moved to approve minutes of the July 24, 2012, meeting. Commissioner
Feazelle seconded. MOTION PASSED.
Ayes: Commissioners Allen, Brady, Cowart, Feazelle, Follis,
Harrington, and Ojeda
Nays: None
Absent: Commissioners Lotze and Sherwood
3. Discussion/action regarding review of the City of La Porte Charter.
It was the consensus of the Commission for City Secretary Patrice Fogarty to draft proposed
changes as we go along and bring back to a future meeting for review and voting by the
Commission.
The meeting began with discussions on Section 1.03 of Article I and ended with discussion on
Section 2.03 of Article 11.
Comments and proposed revisions are as follows:
Article 1. Incorporation; City Powers
1.01 Incorporation — No proposed revision.
1.02 City boundaries — No proposed revision.
1.03(a) Modification of city boundaries. Petition — Propose the elimination of a timeframe or
propose a longer timeframe of 90 days instead of 30 days; add cleanup language "as
consistent with state law."
Citizens' Charter Review Advisory Commission
Minutes of August 7, 2012 Meeting
1.03(b) Modification of city boundaries. (b) Otherwise — Propose cleanup language to show Local
Government Code reference.
1.04 Form of government — No proposed revision.
1.05 Powers of the City — Propose adding cleanup language, where necessary, "as consistent
with state law."
1.06 Special provisions for damage suits — Propose revising the 30-day notice timeframe to a
180-day timeframe from date of injury in which to give the City notice.
Article II. City Council
2.01(a) Composition of city council. (a) Members of council — No proposed revision except, where
necessary, add cleanup language "as consistent with state law" when referencing the
timeframe for calling a run-off election.
2.01(b) Composition of city council. (b) Formation of districts — Propose revision of the third
paragraph (on the subject of redistricting), to state that following the publication of the
decennial federal census (every 10 years), city council shall look at the possible necessity
of redistricting. It is proposed to strike the language requiring council look at redistricting
every five years because there is no new census data in five-year increments.
2.01(c) Composition of city council. (c) Election — Propose revision to second paragraph (on the
subject of timing for the ordering of run-off elections and/or having to do with the resolving
of tie votes in the general election to determine the run-off candidates), to state "in
accordance with state law" or "as prescribed by state law" because state law supersedes a
Charter provision.
2.01(d) Composition of city council. (d) Term of Office — No proposed revision.
2.02(a) Qualifications. (a) Enumerated — Propose revision to the first sentence that a qualification
for candidacy of mayor and/or council shall include a length of residency, as follows: "The
mayor and councilpersons shall be resident electors of the City for 12 months at the time of
filing for office, and continuously during their terms of office."
2.02(b) Qualifications. (b) Council to be judge of members' qualifications — No proposed revision.
2.03(a) Conduct of Elections. (a) Regulations — No proposed revision.
2.03(b) Conduct of elections. (b)(1) Schedule. Regular election. — Propose revising to read
"uniform election date," as opposed to specifically naming a month in which to hold a
regular election.
2.03(b) Conduct of elections. (b)(2) Schedule. Special Election. — Propose revising "... be
ordinance..." to "...by ordinance..."
It was pointed out by the Commission that Section 2.02 Qualifications (requirements for those who
file for mayor or council positions in a general election) provides, in part, that these candidates
must "...be a resident elector of the city at the time of filing for office and continuously during their
terms of office. A district councilperson shall also be a resident of his district at the time of filing for
office and continuously during his term of office."
Conversely, requirements for filling a vacancy, found in Section 2.04 (c) Filing for Office, lists four
requirements, including being "a qualified voter in the city," and goes on to require filing fees or a
petition in lieu of a filing fee. It doesn't mention residency like it does for general election
Citizens' Charter Review Advisory Commission
Minutes of August 7, 2012 Meeting
candidates but does state they have to be a qualified voter in the city. Regarding the requirement
of a filing fee or the petition in lieu of ..... is this simply an oversight in the framing of the Charter that
the requirements for filling a vacancy include a filing fee and are not required for general election
candidates? More discussion will follow at the next meeting of the Commission.
4. Discussion/action regarding setting next meeting date
The next meeting dates were set for August 22"d and September 4th 2012.
6. Commission Comments — Matters appearing on agenda; Recognition of community members, city
employees, and upcoming events; Inquiry of staff regarding specific factual information or existing
policy.
There were no additional comments from Commission members.
6. Adjourn
There being no further business, Commissioner Cowart moved to adjourn the meeting.
Commissioner Ojeda seconded. MOTION PASSED UNANIMOUSLY.
The meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Patrice Fogarty, Ci Secreigry
Pas a nd pro Au 22, 2012
r
Chuck -Harrington, ChigIrman
Citizens' Charter Review Advisory Commission
Minutes of August 7, 2012 Meeting