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HomeMy WebLinkAbout2021 Charter Review Commission Final Report with Signature PageCITY OF FRIENDSWOOD 2021 CHARTER REVIEW COMMISSION FINAL REPORT SUBMITTED TO CITY COUNCIL JANUARY 10, 2022 TABLE OF CONTENTS INTRODUCTION BY CHAIR AND VICE-CHAIR......................................................................- 3 - CITYCOUNCIL CHARGE................................................................................................. 3 - JUSTIFICAITON, RANKINGS AND CLASSIFICAITONS............................................................ 3 - RECOMMENDED CHANGES TO CHARTER.........................................................................- 3 - POLICIES AND PROCEDURES.........................................................................................- 3 - SUBMITTEDBY............................................................................................................. 5 - RECOMMENDED CHARTER AMENDMENTS........................................................................- 4 - TIER1......................................................................................................................... 5 - TIER2......................................................................................................................... 3 - SECTIONS FOR FUTURE COMMISSIONS............................................................................ 3 - -2- INTRODUCTION BY CHAIR AND VICE -CHAIR The Charter Review Commission (the "Commission") met 9 times over the last 5.5 months, totaling over 15 hours. The Commissioners reviewed the Charter of the City of Friendswood (the "Charter") from beginning to end multiple times, while taking into consideration past suggestions, as well as input from the staff, council, and the public as they considered the proposed amendments. The 2021 Commission's membership consisted of Robin Hall, Chairperson, James Nye, Vice Chairperson, Kitten Brizendine, Ron Cox, Bill Provenzano, Dave Smith, and Judy Wiggins. Assisting in the Commission's efforts were City of Friendswood staff, Morad Kabiri, City Manager, Mary Kay Fischer, City Attorney, Karen Horner, City Attorney, and Lettie Brysch, City Secretary. In reviewing the Charter, the Commissioners wanted to make sure that the important issues are the ones presented to the voters, and although there are other changes that could be made, the Commissioner's focused on proposing those changes that best met their goals. The Commission's goals were to: (1) streamline processes, (2) to ensure transparency, and (3) to keep up with the technological advancements impacting the city and its operations. CITY COUNCIL CHARGE Section 11.09 (a) of the Charter stated in part that the duties of the Charter Review Commission are to: (1) Inquire into the operation of the City government under the Charter provisions and determine whether any such provisions require revision. To this end public hearings may be held. (2) Propose, if it deems desirable, amendments to this Charter to improve the effective application of the Charter to current conditions. (3) Report its findings and present its proposed amendments, if any, to the Council. As such the Commission is submitting its final report of its activities and recommendations for Council's review and possible action. JUSTIFICATION, RANKINGS AND CLASSIFICATIONS A rigorous system was used to sort and rank all the changes that should be made to the Charter. Several cyclical series of discussions were used through the sections with each cycle eliminating sections that did not need further review. A consensus technique was used during all but the final cycle when a vote was held for each proposed change. The Commission used the following criteria when considering which items would move forward as a proposed recommendation to the Council: 1. Does the proposal institutionalize a process promoting good government practice? 2. Does the proposal correct an omission? 3. Does the proposal create more openness or responsiveness in government? 4. Does the proposal create more efficiency or effectiveness in government? 5. Does the proposal clarify terms of the Charter? 6. Is the proposal easily understood? 7. Is the proposal just and fair? -3- Does the proposal attempt to address something substantive? The ranking system consisted of a numerical system as noted below: 1 — Most important 2 4 5 — Least important The Commission used the following classification and ranking system for its analysis: ➢ No Change — if the Commission does not think that any change is necessary. ➢ Housekeeping — if the Commission believes that the change is just a clean-up. ➢ Efficiency — if the change is trying to do something that will make the City's operations more efficient. ➢ Conformance to law — if the item is not currently in conformance to the law and it needs to change. This is intended to prevent future contradictions to state law, as amended. ➢ Substantive Change — if there is a substantive change, i.e., restructuring the City Secretary position. RECOMMENDED CHANGES TO CITY CHARTER The recommendations contained in this report passed unanimously by the Commission and are listed in charter order not in the priority order and are divided as follows: ➢ Tier 1 Recommendations 1. Section 3.04. Compensation 2. Section 3.09. Meetings of the City Council 3. Section 3.11.Ordinances in General 4. Section 3.11.Ordinances in General 5. Section 4.03. City Attorney 6. Section 4.04. City Secretary 7. Section 5.06. Action on Petitions 8. Section 8.03. Annual Budget 9. Section 8.05. Borrowing for Capital Improvements ➢ Tier 2 Recommendations 10. Section 2.01. General Powers 11. Section 3.02. Qualifications 12. Section 6.04. Canvassing and Election Results 13. Section 9.10. Public Service Corporations to File Annual Reports 14. Section 11.02. City Newspaper The Commission unanimously recommends that each of the above items, both tiers, be placed on the May 2022 ballot. -4- 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. The Commission recommends that these sections be addressed in the Policies and Procedures adopted by the City Council annually, or elsewhere as applicable. Please note, the section references made below are not a suggestion to amend the Charter itself. ➢ Section 3.03. Oath of Office — To write in the process for completing the oath of office in the Council's Rules and Procedures. ➢ Section 3.10. Rules of Procedure — To review the definition of super majority. ➢ Section 3.11. Ordinances in General — To add a Council meeting. ➢ Section 4.02. Municipal Court — To add the requirement that the municipal court judge be a duly qualified and licensed attorney practicing law in the State of Texas. CONCLUSION The Commissioners would like to thank the Council for the opportunity to serve and hope that they have met the expectations of the City Council. Further, it is the desire of the Commissioners that the Council consider them for appointments to future Charter Review Commissions. Once this final report is submitted to City Council, the Commission's duties are complete; however, should City Council desire to discuss further, the Commissioners will remain available. SUBMITTED BY Charter Review Commission im Nye, Vice -Chairperson Ron Cox, Com 'ssion Dave Smith, Commissioner A/ 1 '•• airperson Bill Provenzano, Comm -5- DETAILS OF RECOMMENDED CHARTER AMENDMENTS TIER 1 RECOMMENDATIONS Recommendation No.1 ➢ Section 3.04. Compensation ➢ Classification/Rank — Substantive Change, 1 ➢ Change • Members of the (poi innil shall servo without nomnensation• provided however, that , e � (a) Commencing on January 1, 2030, the Mayor shall receive as compensation for his/her services the sum of one thousand and no/100 dollars ($1,000) per month. (b) Commencing on January 1, 2030, each Councilmember shall receive as compensation for his/her services the sum of five hundred and no/100 dollars ($500) per month. (c) The Mayor and each Councilmember they shall be entitled to all necessary expenses incurred in the performance of their official Council duties upon approval by the Council. (d) The compensation to be paid pursuant to this section shall be adjusted annually based upon the applicable increase in the CPI-W beginning October 1, 2022. Recommendation No. 2 ➢ Section 3.09. Meetings of the City Council ➢ Classification/Rank — Efficiency, 2 ➢ Change The City Council shall establish the days and times of its regular meetings, but. 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. All meetings of the council shall be open to the public, except as authorized by state law, The City Coi moil shall establish the days and times of its regular meetings The City Council may hold special meetings as it deems necessary and appropriate, w#iGh-r may Recommendation No. 3 ➢ Section 3.11.Ordinances in General ➢ Classification/Rank — Substantive Change, 1 ➢ Change • (b) Effective Date. Each ordinance shall be introduced in written, electronic, or printed form and, upon passage, shall take effect at the time indicated therein; provided that any -6- ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall become effective upon adoption or at a later time specified in the ordinance. The City Secretaryshall hall ,give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the caption of any such ordinance to be published in the official newspaper in the City of Friendswood. Recommendation No. 4 ➢ Section 3.11.Ordinances in General ➢ Classification/Rank — Substantive Change, 1 ➢ Change • (c) Readings. Ordinances that require one reading are those ordinances that: • require a public hearing or more notice than required by the Texas Open Meetings Act; • relate to the adoption or amendment to the budget; • relate to the assessment, levy, or collection of taxes; • relate to the calling of an election, or the canvassing of the returns and declaration of results of an election; • relate to the incurring of indebtedness, including, specifically, the issuance or sale of bonds or certificates of obligation; or • relate to the development or improvement of a street or an emergency if so declared by Council. Recommendation No. 5 ➢ Section 4.03. City Attorney ➢ Classification/Rank — Substantive Change, 1 ➢ Change The Seeee+ -City Manager shall appoint a competent and duly qualified and licensed attorney practicing law in the State of Texas, who shall be the attorney for the City (and may also be referred to as City Attorney). He/she shall receive for his/her services such compensation as may be fixed by the Ceund�City Manager and shall hold his/her office at the pleasure of the CeuRGiICity Manager. The City Attorney shall be the legal adviser of, and attorney for, all of the Offices and Departments of the City, and he/she shall represent the City in all litigation and legal proceedings; provided that the CseeGil CC Manager may retain special counsel at any time they deem appropriate and necessary. He/she shall review and concur or dissent upon all documents, contracts, and legal instruments in which the City may have an interest. The City Attorney shall perform other duties prescribed by this Charter, ordinance, or as directed by Ceune+lthe City Manager. Recommendation No. 6 ➢ Section 4.04. City Secretary ➢ Classification/Rank — Substantive Change, 1 -7- ➢ Change Appointment. The 6euRG}I City Manager shall appoint a City Secretary who shall act as the secretary to the Council and shall hold office at the pleasure of the GE)URGOICity Manager. He/she shall be provided an office in the City Hall sufficient to maintain the records entrusted to his/her care and shall be entitled to a seat at the Council table at all official meetings. (c) Compensation. The Seil-City Manager shall set the compensation of the City Secretary. Recommendation No. 7 ➢ Section 5.06. Action on Petition ➢ Classification/Rank — Conformance to Law, 1 ➢ Change (b) Submission to voters. The vote of the City on a proposed or referred ordinance shall be held at a Special Election called for such purpose in accordance with subsection (a)(3) above. Copies of the proposed or referred ordinance shall be made available at the P9116 and shall also be made at the City Secretary's Office and posted on the City's website for--15 days immediately preceding the election and shall he poster/ a+ the regular posting planes for 15 days immediately prenerling the elen+inn Recommendation No. 8 ➢ Section 8.03. Annual Budget ➢ Classification/Rank — Substantive Change, 1 ➢ Change Content. The budget shall provide a complete financial plan of all City funds and activities and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the Council may require. A budget message explaining the budget both in fiscal terms and in terms of the work programs shall be submitted with the budget. It shall outline the proposed financial policies of the City for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues, with reasons for such changes. It shall also summarize the City's debt position and include such other material as the manager deems desirable. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, the proposed property tax levy, and all proposed expenditures for the ensuing fiscal year, including debt service and an itemized estimate of the expense of conducting each department of the City. The proposed budget expenditures shall not exceed the total of estimated income. The budget shall be so arranged as tto comply with state labudgeted year. it shall also iRGlude, on separate sectio , m Tom Nolm 11- - M-7- A list of all Gapital improvements whiGh are proposed to be undertaken the five fisGal years next ensuing, with appropriate r r r r (a) Cost estimates, methed of finanGing and reGOmmended time sGhedules each such improvement; aPA (a) The estimated annual Gost of operating and maintaining the faGilities to bid constructed or aquired. (a) SUGh other information as may be required by the GounGil. • Submission. On or before the first day of • of .•' shall submit to the Council a proposed budget and an accompanying message. The Council shall review the proposed budget and revise as deemed appropriate prior to general circulationfor public hearing. Public1 and hearing. Any public hearing on proposed budget shall be held and published in accordance with lawThe GounGil shall post in the City Hall and publish in the offiGial newspaper a general summary of its proposed budget and a netiGe stating--. (b) The times and plaGes where Gopies of the message and budget are avail for r. (c) The time and plaGe, not less than ten nor more than Gtien by the publiG; and days after Recommendation No. 9 ➢ Section 8.05. Borrowing for Capital Improvements ➢ Classification/Rank — Conformance to Law, 1 ➢ Change • (f) Elections to authorize debt. Notwithstanding any other provision contained in this Section 8.05 to the contrary, the Council shall only issue debt pursuant to state law and shall be prohibited from issuing certificates of obligation without voter approval -be prohibited fr — inw. .., debt not payable from then Gurrent revenues unless a -9- win MYNA" tw TIER 2 RECOMMENDATIONS Recommendation No.10 ➢ Section 2.01. General Powers ➢ Classification/Rank — Substantive Change, 1 ➢ Change 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, including the power to acquire property within Galveston, Harris and Brazoria Counties. Recommendation No.11 ➢ Section 3.02. Qualifications ➢ Classification/Rank — Conformance to Law, 2 ➢ Change In addition to any other qualifications prescribed by law, the Mayor and each Councilmember shall meet be a qualified voter the nnnAinnc of s bSeGtinnc 6 02(a) 'toms (1), (" onr1 (3` ,^,1 " in ^ffic , and shall reside within the City while in office. Recommendation No.12 ➢ Section 6.04. Canvassing and Election Results ➢ Classification/Rank — Conformance to Law, 2 ➢ Change Canvassing. Returns of the elections, general and special, shall be made by the election officers to the city council and the council shall canvass the returns and declare the results of such election in accordance with state Iaw.The returns of eveN mi inirinol - F-1 - -10- Recommendation No.13 ➢ Section 9.10. Public Service Corporations to File Annual Reports ➢ Classification/Rank — Efficiency, 2 ➢ Change The Council sha4 may require all public service corporations operating within the corporate limits of the City to file a sworn annual report of the receipts from the operation of the said business for the current year, how expended, how much thereof for betterments or improvements, the rate of tolls or charges for services rendered to the public, and any other facts or information that the Council may deem pertinent for its use, including reports on operations within the City in intelligently passing upon any questions that may arise between the City and the said public service corporations; said reports to be filed with the City Secretary, and preserved for the use of the City Council. Such reports shall be reviewed annually by the Council to determine the propriety of the rates being charged. Recommendation No.14 ➢ Section 11.02. City Newspaper ➢ Classification/Rank —Efficiency, 1 ➢ Change • The Council shall, at a minimum, biennially designate a public newspaper of general circulation in the City as official publication thereof, and to continue as such until another is designated, and shall cause to be published therein all ordinances, notices and other matters required by this Charter, by the ordinances of the City, or by the Constitution and/or laws of the State of Texas to be published. SECTIONS FOR FUTURE COMMISSIONS The Commission understands that not all of the 14 recommended amendments maybe placed on the May 2022 ballot. As such, the Commission recommends that those resulting changes, along with those listed below be considered by the next Charter Review Commission in the next three years and not wait the full five years as some of the lower priority items never seem to make it to the ballot. ➢ Section 2.06. Limitation of Liability for Damages ➢ Section 3.05. Mayor and Mayor Pro Tern ➢ Section 3.14. Authentication and Recording ➢ Section 5.01. General Authority ➢ Section 5.04. Determination of Sufficiency ➢ Section 5.08. Power of Recall ➢ Section 6.01. City Elections ➢ Section 6.02. Filing for Office - 11 -