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HomeMy WebLinkAboutCharter Review Report 2007 CITY OF FRIENDSWOOD CITY CHARTER REVIEW COMMISSION REPORT JANUARY 15, 2007 - 1 - TABLE ON CONTENTS INTRODUCTION BY CHAIR AND VICE.CHAIR..................................................................................... - 3 - CITY CO UN C I L CHARGE .................................................................................................................... - 3 - COM MISS ION MAKE UP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 3 - PU BLIC FORU M .............................................................................................................................. ... - 3 - RAT I 0 NAL E 5 UTI LIZ ED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 4 - BODY OF REPORT........................................................................................................................ ..... - 5 - CLARIFICATIONS I CORRECTIONS I TYPOGRAPHICAL ERRORS I UPDATED LANGUAGE ...........- 5 - POL I C I ES AN D P ROC ED U RE 5 ....................................................................................................... - 6 - CHARTER DISCUSSIONS WITHOUT RECOMMENDATIONS -7- RE COM MEN DE D C HAN G EST 0 CITY C HART E R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 8 - CONCLUSION .............................................................................................................................. ...... - 8 - AP PEN D ICE 5 .............................................................................................................................. . . . . . . . - 8 - 5 U B MITT E D BY .............................................................................................................................. . . . . - 9 - - 2 - INTRODUCTION BY CHAIR AND VICE-CHAIR The charter review commission met 14 times over the last 5 months, totaling over 30 hours. We have reviewed the Charter of the City of Friendswood multiple times, taking into consideration suggestions that have been gathered over the last 5 years and given to the City Secretary's office, the public's input and suggestions from City Council members. Suggestions from City Council came from a joint meeting with the City Council, and citizen input was obtained from a public forum. After reviewing the charter many times we wanted to have a way to make sure the important issues were the ones that were going to be presented to the voters. Although there are other changes that may need to be made, we felt that the intent of the paragraphs were clear enough not to make it a Charter Amendment. Below you will find some of those issues that we considered and discussed but did not feel that it needed a charter amendment. CITY COUNCIL CHARGE The City Council gave the Charter Review Commission a charge to review the Charter of the City of Friendswood. COMMISSION MAKEUP The membership of the commission consisted of Leola Hill Hancock, Chairman, Bobbi Kacz, Co-Chairman, Bill Provenzano, Larry Seelig, Michael Sharp, Don Seyfert and Robin Hall. Assisting in the committees efforts were City of Friendswood staff, John Olson, City Attorney, Deloris McKenzie, City Secretary, Bo McDaniel, City Manager and Roger Roecker, former Acting City Manager. PUBLIC FORUM A public forum was held on November 13, 2006 and the commission received comments from three citizens and the City Manager... The citizens that chose to address the commission were Jim Hill, Fred Krch, Dr. Don Beeth, and Bo McDaniel, City Manager. Both Fred Krch and Dr. Don Beeth provided exhibits for the commission to review that outline their concerns. We have attached a copy of their exhibits for review as well. - 3 - RATIONALES UTILIZED Some of the criteria that were used in determining if a change was necessary were answered by the following questions. 1. Does the proposal institutionalize a process promoting good government practice? 2. Does the proposal correct an omission which has resulted in poor government practice? 3. Does the proposal correct a historically bad governmental practice? 4. Does the proposal create more openness or responsiveness in government? 5. Does the proposal create more efficiency or effectiveness in government? 6. Does the proposal clarify terms of the charter? 7. Does the proposal have any chance of success with the public? 8. Is the proposal so complicated it cannot be adequately explained to the public? 9. Is the proposal just and fair? 10. Does the proposal attempt to address something substantive? - 4 - BODY OF REPORT CLARIFICATIONS I CORRECTIONS I TYPOGRAPHICAL ERRORS I UPDATED LANGUAGE In reviewing the Charter, the commission found several items that were previously amended; however, due to oversight or clerical error these changes are not reflected in the current Charter. We also found other items that need further clarification that do not entail substantive changes. According to the City Attorney, John Olson, the following can be corrected without a vote from the citizens: 2.06 8.03 (5) d 8.07 (c) 9.03 11.02 11.05 11.10 Overall change "60" days to "90" days change the word "bed" to "be" change "Friendship" Library to "Friendswood" Library change "three" readings to "two" readings change the official "organ" to the official "publication/media" add "officers," to employees, agents or contractors add "Original" to have the title read "Original Submission of the Charter to Voters" (In order to keep a historical perspective, clarifying the title of this section will make more sense in the future.) Capitalize the titles of offices, such as City Manager, City Council, Department Head, Mayor, Director, City Attorney, and City Secretary. A complete listing will be given to the codifier by Deloris McKenzie, City Secretary. - 5 - POLICIES AND PROCEDURES There are items of importance that are not addressed in the Charter but are vital to the City governance. These items are either silent or omitted from the Charter. Although these are essential to the operations of the City, they are too fluid to be in the Charter. We recommend these sections be addressed in the Policies and Procedures adopted by the City Council annually. 3.05 Provide a procedure for choosing a member of the council to serve and act on behalf of the Mayor in the event the Mayor and Mayor Pro- T em are absent or if the Mayor is absent and a Mayor Pro-Tem has not yet been selected. Since the provisions for appointment of special committees are proposed to be removed from the Charter, we recommend the City Council consider addressing this in its policies and procedures. 3.09 An amendment has been proposed to reduce the number of mandatory meetings a month to one meeting. It is not the intent of the Charter Review Commission for the City Council to only have one meeting per month, but we want the Council to have the option to hold only one meeting in the months in which two meetings are not appropriate or necessary. 3.11(b) When an ordinance is posted for review by City Council and the public, we recommend the City Secretary post the ordinance on the city website. 3.15 City Council reviews and determines the bond amounts for City Employees. 4.01 City Council reviews and determines the bond amount for the City Manager. - 6 - CHARTER DISCUSSIONS WITHOUT RECOMMENDATIONS There are several items we discussed in depth and the commission believes the language of the current Charter is appropriate and does not require change. We mention these sections so the City Council and citizens know a thorough review of the Charter was performed. 4.04(a) (5) 5.03(a) 5.04(a) 11.09 English Auditor City Secretary, Delivery of Notice of Appointment The use of the word "or" does not grant the mayor or the council alone or together the power to appoint in this section. This is merely a direction to the City Secretary. Petitions, Number of Signatures The number of signatures needed to file a petition is currently set at 1 Oo~ of the registered voters of the City of Friendswood. If a petition was to be filed today, the number of signatures required would be approximately 2300. We believe this is an obtainable number in order to file a petition of merit and high enough number to restrict the filing of frivolous petitions. Determination of Sufficiency, Certification of City Secretary The number of days that the City Secretary has to certify the number of signatures in the above mentioned paragraph is 10 days. Since this would become a priority of the City Secretary's office, we concur with the City Secretary this is sufficient time. Charter Review Commission State law prohibits amendments to the Charter before two years but requires that the Charter be reviewed every five years. The Commission wants to ensure that the City Council knows this option is available to them. Proposing English as the official language for the City of Friendswood has had some discussion within the community and on the Council. To date, the Charter Commission has not officially been charged with reviewing items that are not specifically in the existing Charter. Therefore, we have not taken a position on this issue. The Commission and City Attorney, John Olson, discussed the concept of recommending a Charter amendment in line with the recommendations presented to the Commission by Dr. Don Beeth. We decided to include this subject with respect to fact finding. The facts gleaned from the discussions are as follows: a) Under the current Charter, without any further amendment, City Council has the authority to establish the office of City Auditor under the direction of the City Manager. b) To establish an office of City Auditor that would not be under the direction of the City Manager, but under the direction of City Council, would require a Charter Amendment. c) City Council now has, without amending the Charter, the authority to contract with an outside auditing firm on an as-needed basis to perform financial, operations and/or efficiency audits, with such auditing being under the direction of City Council. - 7 - RECOMMENDED CHANGES TO CITY CHARTER Sec. 1.02 Form of Government Sec. 1.04 Glossary of Terms Sec. 2.01 General Powers Sec. 2.03 Eminent Domain Sec. 3.01 Number, Selection, Term and Term Limitations Sec. 3.04 Compensation Sec. 3.05 Mayor and Mayor Pro-Tem Sec. 3.08 Prohibitions Sec. 3.09 Meetings of the City Council Sec. 3.10 Rules of Procedure Sec. 3.17 Officers and Employees Protected from Financial Loss Sec. 4.06 Personnel System Sec. 5.11 Limitation on Recall Sec. 6.01 City Elections Sec. 6.02 Filing for Office Sec. 8.04 Amendments after Adoption CONCLUSION We would like to thank the Council for the opportunity to have served on the Commission. We have all had a unique experience that cannot be matched. We would hope that this blend of citizenry has met the expectations of the City Council. As we know, when the report is submitted to City Council our Charter Commission duties are complete. Should City Council desire to hold a public forum, we remain available to assist City Council to further elaborate on these issues. APPENDICES Correspondence from Fred Krch Correspondence from Dr. Don Beeth Proposed amendments as drafted by the City Attorney, John Olson - 8 - SUBMITTED BY Charter Review Commission roo r;r ~ /)/i ' Illl / /LL/... '0 /) (l ~'! " . x..... I / l.. i.A.... ~ B~bb:aC:(~~f!::~ ~rotano V ~_//-f-- Don Seyfert / Staff Support: 80 Me Danielss City Manager Roger Roecker, former Acting City Manager Joh n Orson, City Attorney Deloris McKenzie, City Secretary - 9 - '~ltL___~ all !' ~/~~ Larry SeeHg ,j/-) Il~cu-,( --P~i~F/ Michael Sharp PROPOSED AMENDMENT NO.1 Section 1.02 of Article I of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "Sec. 1.02. Form of Government. The municipal government provided by this Charter shall be known as the "Council-Manager Government." Pursuant to its provisions and subject only to the limitations imposed by the State constitution, the statutes of this State, and this Charter, all powers of the City shall be vested in an elective council, hereinafter referred to as the "City Council." The City Council shall enact local legislation, adopt budgets, determine policies and appoint the City Manager, who in turn shall be held responsible to the City Council for the execution of the laws and the administration of the government of the City. All powers of the City shall be exercised in the manner prescribed by this Charter, or if the manner be not prescribed, then in such manner as may be prescribed by ordinance, the State constitution or the statutes of the State. PROPOSED AMENDMENT NO.2 Article I of the Charter of the City of Friendswood, Texas, shall have added thereto a new Section 1.04 to provide as follows: Sec. 1.04. Glossary of Terms. For the purposes of this Charter, the following words or terms shall have the meanings ascribed thereto, except when the context clearly indicates otherwise: City shall mean the City of Friendswood, Texas, a home rule municipal corporation located in Galveston and Harris Counties, Texas. City Council shall mean the governing body of the City, which includes the mayor and each individual council member. When used in this Charter, the term "Council" shall also mean the City Council. City Manager shall mean the person appointed by the City Council pursuant to this Charter as the City Manager. When used in this Charter, the term "Manager" shall also mean the City Manager. Department Head shall mean the individual appointed by the City Manager or City Council, as appropriate, as the manager for a particular department of the City. The term "director," as used in this Charter, is synonymous with the term Department Head. - 10 - Officer shall mean an individual holding an appointive or elective City office who, individually or in concert with others, acts on behalf of and as an agent of the City, and whose duties are discretionary rather than advisory. PROPOSED AMENDMENT NO.3 Section 2.01 of Article II of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "Sec. 2.01. Except as otherwise specifically provided in this Charter, the City shall have all powers possible for a home rule city to have under the Constitution and laws of the State of Texas as fully and completely as though they were expressly enumerated in this Charter. PROPOSED AMENDMENT NO.4 Section 2.03 of Article II of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: Sec. 2.03. Eminent domain. !ill. General power. Except as limited by Subsections (b) and (c) below, the City shall have the full right, power, and authority to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter, or by the Constitution or laws of the State of Texas. The City may also exercise the power of eminent domain in any other manner authorized or permitted by the Constitution and laws of this state, or in the manner and form that shall be provided by ordinance of the City Council of the City. The power of eminent domain hereby conferred shall include the right of the City to take the fee in the lands so condemned and such power and authority shall include the right to condemn public property for such purposes. The City shall have and possess this power for condemnation for any municipal or public purpose, even though not specifically enumerated herein or in this Article. (b) Notwithstanding Subsection ( a) above or any other provision of this Charter to the contrary, neither the City, nor any subdivision of or entity created by the City, shall be authorized to use the power of eminent domain for the purpose of taking private property to be used for economic development purposes without the consent of the owner of such private property. Provided further, private property acquired through eminent domain without the consent of the owner shall not be (1) dedicated, sold, leased in substantial part, or otherwise transferred to a private person, partnership, corporation, or any other entity for a period often (10) years following the acquisition of the property by the City, except that property may be transferred or leased (a) to private entities that are public utilities or common carriers and (b) to private entities that occupy an incidental area in a public project, or (2) used for any purpose other than as a public use facility. For the purposes of this Subsection, a "public use facility" shall mean a facility designed, - 11 - constructed and maintained to serve members of the general public including, but not limited to, public streets, drainage ways, utilities, parks, libraries, public safety buildings for police and fire protection, city halls, and other similar public uses. ( c ) F or the purposes of this subsection, the term "economic development" shall mean any activity designed to increase tax revenue, tax base, employment, or general economic health, but does not include activities that result in (1) the transfer of land to public ownership for public purposes, such as for roads, hospitals, or water or sanitary sewer facilities or, (2) the transfer of land to a private entity that is a common carrier or public utility. PROPOSED AMENDMENT NO.5 The first two paragraphs of Section 3.01 of Article III of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: Sec. 3.01. Number, selection, term, and term limitations. "The City Council shall be comprised of a Mayor and six Councilmembers. The Mayor and each Councilmember shall be elected from the City at large, and each shall occupy a position on the City Council. Councilmember positions shall be numbered 1 through 6 consecutively. The Mayor and each Councilmember shall be elected to serve for three-year terms as provided below, but no person shall be elected to serve in the capacity of Mayor or Councilmember for more than three consecutive three-year terms. The term limitation set forth herein shall not be construed to prohibit any person from being elected for additional terms to any such position as Councilmember or Mayor following a break in service of one year or more." PROPOSED AMENDMENT NO.6 Section 3.04 of Article III of the Charter of the City of Friendswood, Texas, which provides that members of the City Council shall serve without compensation, shall be deleted in its entirety. PROPOSED AMENDMENT NO.7 Section 3.05 of Article III of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: "Sec. 3.05. Mayor and mayor pro tem. - 12 - The Mayor shall be the official head of the City government. He/she shall be the chair and shall preside at all meetings of the City Council, shall have an equal vote with each Councilmember on every proposition before the City Council, but shall have no power of veto. The Mayor shall see that all ordinances, bylaws, and resolutions of the City Council are faithfully obeyed and enforced, and perform such other duties consistent with this Charter or as may be authorized or directed by City Council. The Mayor Pro Tem shall be a Councilmember elected by the City Council at the first regular City Council meeting following the canvassing of returns and declaring of results of each regular City election. The Mayor Pro Tem shall act as Mayor during the disability or absence of the Mayor, and in this capacity shall have the rights and duties conferred upon the Mayor. PROPOSED AMENDMENT NO.8 Subsection (c) of Section 3.08 of Article III of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: Sec. 3.08. Prohibitions. "( c) Interference with administration: Except for the purpose of inquiries or investigations conducted under Section 3 .16 of this Charter, neither the City Council nor any of its individual members shall direct any City officer or employee who is subject to the direction and supervision of the City Manager except through the City Manager, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately." PROPOSED AMENDMENT NO.9 Section 3.09 of Article III of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: Sec. 3.09. Meetings of the City Council. The City Council shall hold at least one regular meeting each month. Except during declared emergencies, all regular meetings of the City Council shall be held within the corporate limits of the City. The City Council shall establish, by resolution, the days and times of its regular meetings. The City Council may hold special meetings as it deems necessary and appropriate, which may be called by the Mayor or by four members of the City Council. In no event shall any meeting of the City Council, regular or special, - 13 - be held in any facility or at any location which is not readily accessible to the general public. PROPOSED AMENDMENT NO.1 0 A new sentence shall be added to Section 3.10 of Article III of the Charter of the City of Friendswood, Texas, to provide as follows: Sec. 3.10. Rules of Procedure. . . . "The Mayor and each Councilmember shall be entitled to an equal vote on all matters before the City Council." PROPOSED AMENDMENT NO. 11 Section 3.1 7 of Article III of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: Sec. 3.1 7. Officers and employees protected from financial loss. Duly elected and appointed officers, employees and volunteers of the City shall be protected by the City from actual damages awarded against any such officer, employee or volunteer if the damages result from an act or omission committed while in the course and scope of their office, employment or service, and they arise from a cause of action for negligence. The City shall not pay for damages that result from willful or wrongful acts or omissions or from acts or omissions constituting gross negligence. PROPOSED AMENDMENT NO. 12 Subsection (c) of Section 4.06 of Article IV of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: Sec. 4.06. Personnel System. (c) Prohibited acts: (1) Discrimination. No person employed in the administrative service of the City, or who seeks appointment thereto, shall be appointed, promoted, reduced, removed, or in any way favored or discriminated against because of his/her race, color, national origin, age, disability, veteran or military status, sex, political or religious opinion, or affiliation, or membership or non-membership in employee organizations. - 14 - (2) Campaign Contributions by Salaried Officers or Employees. Except to the extent authorized by state or federal law in conflict therewith, no salaried officer or employee of the City shall make a contribution to the campaign fund of any person seeking election to a City office, nor shall he/she be solicited for this purpose, but his/her right to express an opinion or to cast a vote as a citizen shall not be limited. Provided further, no person seeking election to a City office shall knowingly accept a contribution to such person's campaign fund from any salaried officer or employee of the City. (3) Paid Appointments. No person seeking appointment to or promotion in the administrative service of the City shall either directly or indirectly give, render, or pay any money, service, or other valuable thing to any person for or on account of or in connection with his appointment or promotion, or any examination conducted therefor. (4) Sanctions. Any person who shall individually or in concert with others willfully violate any provision of this Subsection shall be deemed ineligible to hold any appointive or elective office or employment with the City for a period of four years following final determination of such violation. Upon the final determination of any such violation. the applicable officer or employee shall be immediately removed from the office or position then held. PROPOSED AMENDMENT NO. 13 Section 5.11 of Article V of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: Sec. 5.11. Limitation on recall. No recall petition shall be filed against an elected official within six (6) months of the beginning or the end of the term for which such official was elected, and no elected official shall be subjected to more than one recall election during a term of office. PROPOSED AMENDMENT NO. 14 Section 6.01 of Article VI of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: Sec. 6.01. City elections. Regular City elections shall be held annually on the May uniform election date as set forth in the Texas Election Code. The City Council shall specify the places for holding such elections. All City elections shall be held and conducted in accordance with all state and federal laws applicable thereto. - 15 - PROPOSED AMENDMENT NO. 15 Paragraph (5) of Subsection (a) of Section 6.02 of Article VI of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: (5) If an incumbent seeks a different elected office or elected position of the City other than that which he/she then holds, he/she shall submit a letter of resignation to the City Council at least ninety (90) days prior to the date of election for such desired office or position. Unless otherwise prohibited by operation of law or this Charter, such incumbent shall hold over in the office or position subject to resignation until his/her successor qualifies therefor, or until such incumbent qualifies for the different office or position sought, whichever first occurs. PROPOSED AMENDMENT NO. 16 Subsection (b) of Section 8.04 of Article VIII of the Charter of the City of Friendswood, Texas, shall hereafter provide as follows: Sec. 8.04. Amendments after adoption. (b) Emergency appropriations: To meet public emergencies created by natural disasters or manmade calamities that affect life, health, property, or the public peace, the City Council may authorize (i) the re- appropriation of revenues previously budgeted for maintenance and operation expenses, (ii) the appropriation of unanticipated revenues, and/or (iii) the appropriation of restricted reserves. All such appropriations or re-appropriations shall be by emergency ordinance in accordance with the provisions of this Charter. If there are insufficient funds available for appropriation or re-appropriation for such purposes, the City Council may by emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time. - 16 -