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Home My WebLink About08-22-12 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 22, 2012 The Citizens' Charter Review Advisory Commission met on August 22, 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 6:03 p.m. Commissioners present were: David Brady, Tim Cowart, Paul Feazelle, Mark Follis, Nancy Lotze, Chuck Harrington and Nancy Ojeda. Absent: Nolan Allen and Stan Sherwood. Staff present: Patrice Fogarty and Clark Askins. 2. Approval of minutes of Commission meeting on August 7, 2012. Commissioner Brady moved to approve minutes of the Commission meeting on August 7, 2012. Commissioner Feazelle seconded. MOTION PASSED UNANIMOUSLY. 3. Discussion/action regarding review of the City of La Porte Charter. Section 1.03 of Article I was revisited regarding "voluntary annexation," and it was determined to strike any timeframe and add the language "as prescribed by state law." Commissioner Feazelle moved to approve the proposed amendment. Commissioner Ojeda seconded. MOTION PASSED UNANIMOUSLY. The Commission began examination of section 2.04 of Article II. Article II. City Council 2.04(a) Vacancies in city council. (a) Candidacy elsewhere — Propose adding language found in the Texas Constitution, Article 16, §65(b), to the first sentence as follows: "...then held shall exceed one year and 30 days, such announcement..." 2.04(b) Vacancies in city council. (b) Procedure — No proposed revision. 2.04(c) Vacancies in city council. (c) Filing for office — Propose the following: 2.04(c)(1) — Propose adding a 12-month residency requirement for candidates. 2.04(c)(2) — Propose removing current language and recommend replacing with language requiring applications to be filed with the city secretary in accordance with the Texas Election Code. Citizens' Charter Review Advisory Commission Minutes of August 22, 2012 Meeting 2.04(c)(3) — Propose repeal of this subsection, which would effectuate elimination of a required filing fee or petition. 2.04(c)(4) — No proposed revision. 2.04(d) Vacancies in city council. (d) Official Ballots — Propose removing current language and re -state as Official ballots shall be prepared in accordance with the Texas Election Code. 2.04(e) Vacancies in city council. (e) Canvassing elections — Propose removing current language and re -state as Election returns shall be canvassed in accordance with the Texas Election Code. NOTE: A 12-month residency requirement as proposed under §2.04(c)(1) may also affect §2.02(a). Section 2.02 addresses, in general, the qualifications of candidates for council; whereas Section 2.04 addresses vacancies on council and qualifications of those candidates. A suggested revision of 2.02(a) may be as follows: 2.02(a) Qualifications. (a) Enumerated — In addition to suggesting a 12-month residency requirement, it is also suggested to remove the use of the language "resident electors," and substitute the language "qualified voter(s)." To that end, the first sentence would read, "The mayor and councilpersons shall be qualified voters of the city for at least 12 months at the time of filing for office, and continuously during their terms of office." 2.05 Compensation — Propose revision of Council compensation "...not to exceed the sum of thirty-six hundred dollars ($3, 600.00) per year for the mayor, and eighteen hundred dollars ($1, 800) per year for each councilperson. " 2.06 Original meeting of new council — Propose revision of the title of this section to First meeting of council after canvass. Proposed language: On the first Monday next followin_g the canvassing of an election, or as soon thereafter as practicable, city council shall meet at the usual place for holding meetings, and the newly elected members shall qualify and assume the duties of office. Suggestion — remove from 2.06 the language regarding selecting a mayor pro tem, and add the mayor pro tem selection language to section 2.08, with a re -title of section 2.08 to Mayor and Mayor Pro-Tem. See these minutes for suggested language under that section. 2.07(a) Meetings. (a) Frequency — In reference to all meetings of council being open to the public, propose new language to the first section of the second sentence as follows: "All meetings of the council shall be open to the public except as allowed by state law; ..." Commissioner Feazelle moved to recommend the above language, and Commissioner Lotz seconded. MOTION PASSED UNANIMOUSLY. Commissioners Cowart and Ojeda were out of the room at the time of the vote. 2.07(b) Meetings. (b) Rules — Propose no revision. 2.07(c) Meetings. (c) Journal — Propose re -title to Minutes with language as follows: "Minutes of all open meetings of the council shall be recorded as a public record." 2.08 Duties of mayor — Propose a re -title to Mayor and Mayor Pro Tem. Make no change to the first paragraph. Propose adding a paragraph regarding the mayor pro tern as follows: "A mayor pro tem shall be a council member and be elected by the council at the first meeting of council after canvassing the election, who shall serve for a one-year term or until his successor is appointed and has qualified." Citizens' Charter Review Advisory Commission Minutes of August 22, 2012 Meeting 2.09 Powers of council — Propose adding to 2.09 a reference to limiting powers of council in dealing with staff as follows: Council shall not interfere with appointments or removals. Neither the council nor any of its members shall direct the appointment of any person to or his removal from office by the city manager of by any of his subordinates; provided, however, that the appointment of department heads shall be subject to the approval of the council Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager and neither the council nor any member thereof shall give orders to any subordinate of the city manager, either publicly or rip vately. o Neither the Council nor any of its committees or members shall direct or request the appointment of any person to or his removal from, office by the City Manager or any of his subordinates or, except as is or may be otherwise provided under the terms of this Charter, in any manner take part in the appointment or removal of officers and employees in the administrative service of the City. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the Manager, and neither the Council nor any member thereof shall give orders to any subordinate of the City Manager either publicly or privately. Any violation of the provisions of this section by a member of the Council shall subject him to whatever discipline the remaining members of the Council may see fit to impose upon him/her. 2.09 Powers of council. Subsections (a), (b) and (c) — Propose no revisions. Propose Asst. City Attorney Clark Askins research adding the word "zoning" when referencing the planning commission throughout. 2.09(d) Powers of council. Commissioner Ojeda moved to add language to 2.09(d) as follows: "Establish and appoint the members of the planning and zoning commission." Commissioner Follis seconded. MOTION PASSED UNANIMOUSLY. 2.09(e) Powers of council. Propose Clark Askins research regarding adoption of plats by council. 2.090) Powers of council. (Taken out of order) Propose Clark Askins research the reference of a board of equalization. At the next meeting, review will begin at 2.09(f) Powers of council. 4. Discussion/action regarding setting next meeting date. The next meeting will be on September 4, 2012, at 6:00 p.m., in the council conference room. NOTE: Meeting was later reset to September 11, same time and place. 5. 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. Citizens' Charter Review Advisory Commission Minutes of August 22, 2012 Meeting 6. Adjourn There being no further business, Commissioner Brady moved to adjourn the meeting at 8:02 p.m. Commissioner Feazelle seconded. MOTION PASSED UNANIMOUSLY. Ily submitted, Patrice Fogarty, C on %j6tember 11, 2012. Chuck Harrington, Citizens' Charter Review Advisory Commission Minutes of August 22, 2012 Meeting