[00:00:01]
YOU CAN PUT IT UP HERE.I SAW THEY WERE UP THERE BRIEFLY WHEN ALL, SO
[1. CALL SESSION TO ORDER]
IT'S SIX O'CLOCK.WE'LL CALL THE CITY COUNCIL WORK SESSION FOR THURSDAY, DECEMBER 15TH, 2022 TO ORDER, SORRY.
ROLL CALL COUNCIL MEMBER SUTTON HERE.
[3.1. City of Hutto Charter Review (Legal)]
THE NEXT, ITS THREE.ONE CITY OF HU CHARTER REVIEW.
UH, I'VE PROVIDED YOU A MEMO AND THEN ALSO WE HAVE THE POWERPOINT PRESENTATION FOR PROPOSED CHARTER AMENDMENTS.
THE PROPOSED CHARTER AMENDMENTS ARE ONLY, UM, SUPPOSED TO BE JUST A CLEANUP BASED ON NOT ANYTHING SUBSTANTIVE WHERE YOU WOULD WANNA APPOINT CHARTER MEETING.
SO THE NEXT SLIDE TALKS ABOUT YOUR TIMELINE.
UM, WE HAVE THE WORK SESSION TODAY, COUNSEL MEETING ON THE SECOND OR 16TH TO VOTE ON BALLOT BY EACH.
THE DEADLINE TO SUBMIT TO THE ELECTIONS DIVISION IS FEBRUARY 17TH, AND THEN YOUR ELECTION DATE IS MAY 6TH.
SO THE SECTIONS THAT WE LOOKED AT ARE ON THE NEXT SLIDE.
SECTION 3 0 1, UH, NUMBER AND SELECTION 3 0 4 COMPENSATION 3 0 5, MAYOR AND MAYOR PRO TEM THREE 13 ORDINANCES.
I ADDED THAT ONE AFTER OUR LAST DISCUSSION JUST BECAUSE OF SOME OF THE ISSUES WE HAVE IN WAIVING.
SECOND READING AND WHAT YOU MAY ARE, ARE ALLOWED TO DO CURRENTLY UNDER STATE LAW AND SECTION 5 0 2 FILING FOR OFFICE ARTICLE EIGHT, FINANCIAL ADMINISTRATION, EIGHT POINT 12 PURCHASE PROCEDURE, 13.3 ETHICS AND 1312 CHARTER REVIEW ADMISSION.
SO LOOKING AT THE NUMBER SELECTION AND TERM.
AND SO THIS ONE I TOOK A LOOK AT IT AND SOME OF THE VARIOUS THINGS YOU COULD DO.
OH, AND THEN, SO THIS IS WHAT BEN INSERTED IN HERE.
WHEN YOU SEE AN UNDERLYING RED TEXT THAT'S AN ADDITION AND YOU SEE BRACKETED STRICKEN PURPLE TEXT, THAT'S A DELETION.
YOU WERE PROPOSED AMENDMENT, UH, SECTION 3 0 1.
THIS IS, UH, SECTION THAT'S BETTER FOR STUDY BY CHARTER REVIEW CONDITIONS OR MORE STUDIES THAN WE HAVE THAN TONIGHT.
UM, THERE WAS A DISCUSSION ABOUT TWO, WE HAVE SINGLE MEMBER DISTRICTS.
A LOT OF CITIES DO, UH, DIVIDED FOUR QUADRANTS 1, 2, 3, AND FOUR.
AND THEN TWO COUNCIL MEMBERS ARE ELECTED FROM ONE AND THREE, TWO AND FOUR AND THE MAYOR AT LARGE.
SO A LOT OF, UH, THAT WAS KIND OF A SETTLEMENT BECAUSE OF, UM, LITIGATION AGAINST CITIES AND HOW UM, MINORITY CANDIDATES WEREN'T A ABLE TO BE ELECTED WITHIN A CITY.
SO THAT'S, THAT'S A POSSIBILITY.
UM, AND THEN I WANTED INTO DETAIL IN THE MEMO ABOUT OTHER THINGS THAT YOU MAY OR MAY NOT DO.
BUT FOR SECTION 3 0 1, UH, MY RECOMMENDATION IS TO RESERVE THAT FOR A MORE THOROUGH REVIEW FOR THE PUBLIC AND COUNCIL.
SO, UM, CURRENT CHARTER TALKS ABOUT, UM, MAYORS SHALL RECEIVE THE COMPENSATION, THE SUM OF $500 FOR ATTENDANCE AT EACH REGULAR STUDENT COUNCIL MEETING.
THIS IS YOUR CURRENT CHARTER PROVISION.
THIS, AND THEN THE REASON FOR THE AMENDMENT IS TO ALIGN THE CHARTER COMPENSATION PROVISIONS FOR TEXAS CONSTITUTIONAL PROVISIONS.
SO INSTEAD OF USING THE WORD COMPENSATION, CHANGE THAT TO SALARY CLARIFY THAT THE MAYOR COUNCIL MEMBER ONLY RECEIVED PAY SUBJECT TO THE LIMITATIONS OF THE STATE CONSTITUTION.
REMOVE PAY, JUST REIMBURSEMENT ONLY OR REMOVE REGULAR MEETING LIMITATIONS SO YOU GET PAID FOR SPECIAL MEETINGS.
SO THOSE ARE SOME OF THE WAYS YOU CAN AMEND THIS PARTICULAR SECTION.
DO YOU WANNA STOP HERE AND HAVE ANY DISCUSSION ON THIS ONE? SURE.
I PROPOSE THAT WE CUT ON THE ORDER, BUT IF THIS OR THAT TYPE SCENARIO WHERE YOU FIRST ASK THE PEOPLE SHOULD COUNSEL GET PAID AND THEN IF THEY DO, IF THEY VOTE YES, THEN THE SECOND PART IN TERMS OF THE LIMITATIONS AND ALL THAT BE INCLUDED.
CUZ THE LAST CHARTER, UM, BALLOT MEASURE WASN'T SHOULD WE GET PAID, IT WAS, ARE WE, ARE THEY OKAY WITH US
[00:05:01]
GETTING PAID X AMOUNT OF MONEY? WELL, AND IT WAS ALSO, DO YOU WANT THEM TO HAVE THE ABILITY TO SET THEIR OWN PAY OR DO YOU WANT IT LOCKED IN BY THE CHARTER? RIGHT.AND SO THIS WOULD BE, IF WE'RE GONNA REVISIT IT, THEN I THINK THIS WOULD BE MORE FAIR TO THE, THE VOTERS TO BE ABLE TO SAY, INSTEAD OF HAVING AN OPTION OF DO YOU GET THE SET TO PAY OR CAN WE SET IT? NOW WE'RE ASKING THE VOTERS SHOULD WE GET PAID? AND THEN IF SO WE HAVE THIS OTHER CHANGE, SAID NO, WE WOULD'VE STILL GOTTEN PAID BECAUSE WE STILL HAD AN ORDINANCE SAYING WE GOT PAID.
SEE THAT, THAT'S THE WHOLE CRISIS.
AND, AND THE CHARTER STILL SAID WE SHALL BE PAID.
WE, WE DIDN'T ASK THE VOTERS SHOULD WE, WE ASKED THEM SHOULD YOU SET THE PAY OR SHOULD WE SET IT? SO TO HIS POINT, IF WE VOTED, IF THE PEOPLE VOTED NO AND ONLY 63% VOTED FOR IT, HAD THEY 69, WHATEVER, UM, HAD THEY VOTED AGAINST IT, THEN WE WOULD BE BACK TO SENATOR THEIR OWN PAY, WHICH AT THE TIME WAS HIGHER THAN WHAT THEY SAID IT, THAN WHAT WE SAID IT FOR RATHER THAN WHAT THEY VOTED FOR.
MY ONLY THOUGHT, REGARDLESS OF THAT, I, I THINK THIS WHOLE SECTION, BECAUSE YOU'VE SENT AN AG OPINION, WE'RE NOT GONNA GET IT BACK BEFORE FEBRUARY 17TH.
WE NEED TO WAIT FOR THAT OPINION SO WE CAN NOT BE AMENDING THIS THREE YEARS FROM NOW OR TWO YEARS FROM NOW AFTER THIS ELECTION.
AND IF WE JUST WAIT TILL WE GET THAT RULING AND THEN WE HAVE THE CHARTER COMMISSION THAT GOES AND CREATES ALL OF THOSE.
I LIKE CUSTOMER CLARK AND I TALKED ABOUT MY FEAR FROM THE VERY BEGINNING WAS WHAT IF WHAT IF THE VOTERS DON'T VOTE FOR THE CHANGE? WE STILL HAVE THE ISSUE, SO TO SAY.
SO IF THERE'S NOT AN ISSUE, THEN I THINK WE DON'T EVEN NEED A CHARTER RESOLUTION.
WE JUST NEED TO PASS A RESOLUTION THAT WE FIND BLAH, BLAH BLAH.
BECAUSE AS SOON AS WE BRING IT TO THE VOTERS, YOU CAN'T ALWAYS DETERMINE THAT THE VOTERS ARE GONNA VOTE ONE WAY OR THE OTHER.
UM, AND THEN TO YOUR POINT, LIKE I SAID BEFORE, WITHOUT KNOWING IF THERE'S AN ISSUE IN HOW TO NECESSARILY SOLVE IT AND ALL THAT, YOU POTENTIALLY ARE GOING BACK TO THE VOTERS AGAIN, ONLY YOU HAVE TO WAIT TWO YEARS.
RIGHT, WHICH IS WHY I WAS WONDERING BECAUSE WE'VE NOW DONE THAT.
WE WANT TO MAKE NO CHANGES FOR THIS ONE AND THEN WE JUST IN SEPTEMBER OR AUGUST OR WHENEVER IS APPROPRIATE, WE SET A CHARTER COMMISSION FOR 2024 ELECTIONS THAT ARE RUSHING NOW THEY'RE ONLY COMING FROM COUNCIL.
WELL WE, YOU CAN'T CHANGE THE CHARTER LESS THAN TWO YEARS.
SO IF WE DO THESE CHANGES NOW AND THEY GO INTO EFFECT IN 2023, WE CAN'T FORM US THE CHARTER READING COMMISSION UNTIL 24 5.
WHICH IS WHY I'M SAYING I THINK WE DON'T DO ANYTHING NOW AND JUST WAIT TILL SEPTEMBER.
WE SHOULD HAVE THE, AND BEFORE WE GO TO THE BALLOT NEXT YEAR, WE WILL DEFINITELY HAVE AN ANSWER FOR THE AG THAT'S 13 MONTHS FROM NOW.
14 MONTHS FROM WHEN WE HAVE TO BE ABLE TO BALLOT.
LIKE WE CAN STILL GO THROUGH THESE CHANGE IT ALL.
NOT EVEN CLEAN UP JUST NO, JUST NO.
I MEAN I DON'T MIND GOING THROUGH 'EM AND, AND YOU DO THIS IN THE WORK SESSION.
WE'RE HERE, WE HAVE THE 30 MINUTES, BUT I I DON'T, THAT WAS KIND OF WHAT I WAS THINKING ONCE, ONCE I SAW THAT YOUR LETTER WENT OUT AND EVERYTHING, I'M LIKE, LET'S JUST WAIT.
TOM WISE, I FEEL LIKE IT IS, UH, PUSHING IT, LIKE WITH THE DEADLINES AND EVERYTHING GOING INTO THE, YOU KNOW, JUST THE FIRST SLIDE WE'VE GOTTA HAVE THE ABOUT IN WHICH BY FEBRUARY TAKE MAKE IT TO THE MAY ELECTION.
SO WE'VE GOTTA REALLY HUSTLE TO GET THIS NICE AND CLEAN AND TIGHT FOR THE VOTERS TO UNDERSTAND.
AND I FEEL LIKE IT'S JUST, THEY'VE RUSHING IT AND WE KNOW THAT THE VOICE IS ON THIS ONE.
THIS MAY, THE IDS GONNA HAVE ALL THESE BOND MEASURES UP THERE.
SO WE'RE GONNA BE HAVING PEOPLE LOOK AT A, A VOTING LIST OF LIKE A TON OF ITEMS. SO I'M LIKE, MAYBE WE JUST BE MARCHED TO NEXT MAY.
SO IT'S LIKE CITY FOCUSED, BUT I DON'T KNOW.
BUT YOU DIDN'T MAKE A DECISION BASED ON THAT.
SO WE'LL UM, TAKE IN CONSIDERATION COUNCIL COMMENTS AND DRAFT SOMETHING UNLESS WE'RE DIRECTED TO HOLD OFF AND YOU DECIDE THAT YOU'D RATHER UM, HAVE A CHARTER COMMISSION STARTING WHATEVER TIME BUT FOR THE EIGHT 23RD ELECTION.
SO HOW DOES THIS IMPACT, YOU KNOW, THE, THE DECISION THAT THE COUNCIL MAY TO COLLECT THE MONEY BACK FROM A PAST ACCOUNTS MONEY, IF WE DON'T MAKE THIS CHANGE FROM COMPENSATION, THE SALARY, CAN I, UH, REVIEW THAT RESEARCH
[00:10:05]
MAYOR THIS THAT I HAD NOTED IN THE CHARTER.UM, IT SEEMS THAT, UM, IF YOU HAVE A RUNOFF ELECTION, YOU SHOULD WAIT TO APPOINT THE MAYOR PRO 10.
THAT, SO WHAT YOU SEE IN THE RED, THAT WOULD BE THE, UM, AMENDMENT.
SO I, I UNDERSTAND THIS CLEANUP, BUT THE ONE THING THAT IT DOESN'T QUITE STILL, IT STILL DOESN'T MATCH WHEN THE PERSON IS ACTUALLY SEATED.
IT SAYS THE FIRST MEETING AFTER THE ELECTION, WHICH THE, THE RESULTS MIGHT NOT EVEN BE FINAL WHEN THAT FIRST MEETING HAPPENS.
SO THAT PERSON MAY NOT BE SEATED.
SO TECHNICALLY LIKE IF, IF THE ELECTION IS ON MAY 1ST AND WE MEET THEN ON MAY 5TH, CUZ THAT'S THE FOLLOWING THURSDAY, THEN WE DON'T HAVE ANYBODY SEATED IN THAT SEAT.
BUT IT IS THE FIRST MEETING AFTER THE ELECTION AND SO WE'RE SUPPOSED TO ELECT MAYOR PROTIME AND THAT DOESN'T MAKE SENSE.
WELL THEN THE PERSON IS SEATED REALLY IS THE PERSON THAT YOU WANT THE NEW, YOU WANT THE NEWLY ELECTED PEOPLE TO BE SEATED SO THAT THEY CAN VOTE WITH THE FULL NEW COUNCIL IS SEATED.
SO MAYBE WE JUST PUT AT UH, SHELBY, UH, AT THE FIRST REGULAR CITY COUNCIL MEETING IN JULY.
BECAUSE EVEN IF A RUNOFF HAPPENS THAT'S IN JUNE, THEN THEY'RE SWORN IN THE MIDDLE OF JUNE AND AT MOST YOU HAVE ONE REGULAR MEETING WITH THE NEW COUNCIL AND THEN THE NEXT COUNCIL.
SO I'D RATHER TIE IT TO WHEN THEY'RE ELECTED.
CAUSE YOU HAVE WEIRD THINGS THAT HAPPENED LIKE, UM, 2020 WHERE THERE WAS NO ELECTION FOR MONTHS AND MONTHS.
NOW OBVIOUSLY THAT WAS A ONE TIME THING.
HOPEFULLY IT DOESN'T HAPPEN AGAIN, BUT GOOD POINT.
SO YOU COULD SAY THE FIRST, UH, REGULAR MEETING AFTER, UM, THE, UM, CANDIDATES QUALIFIED FOR OFFICE CLEAR IT'S AN ELECTION OR RUNOFF BECAUSE WHEN THEY QUALIFY YEAH, YEAH.
THEY CAN BE SEATED AND THEN YEAH, YEAH, THAT MAKES SENSE.
THE, THE ELECTION AND WHEN IS, ARE THE RESULTS CERTIFIED? IT VARIES, BUT I MEAN IT TENDS TO BE WHAT, AROUND A WEEK, 10 DAYS LATER? KIND OF THAT BE BETWEEN THE THIRD AND 13TH.
THERE'S A WINDOW LIKE THAT I GUESS THAT WOULD ALLOW FOR UM, A RECOUNT.
WE DID HAVE AN ELECTION MONTHS FOR A PERSONAL LOSS BY ONE VOTE.
SO IF THEY DID A RECOUNT, I HOW LONG THAT TAKES.
SO THEN THE NEXT ONE, ORDINANCES IN GENERAL, THIS IS THE ONE THAT I'VE ADDED.
UM, IT ALLOWS US TO WAIVE, UM, THE SECOND READING, SECOND READINGS WERE ACTUALLY, UM, PROVIDED FOR ORDINANCES BY HOME CITIES BECAUSE OF, UM, YOU DIDN'T HAVE THE INTERNET, YOU DIDN'T HAVE EL ALL THIS ELECTRONIC COMMUNICATION.
SO RATHER THAN HAVE SOMETHING PASSED AND PEOPLE NOT KNOW ABOUT IT, THAT'S WHEN YOU GET THE TWO READINGS.
THE STATE LAW SAYS THAT, UM, YOU PUBLISH THE CAPTION, UM, THE PENALTY AND WE WERE PUBLISHING THE WHOLE TEXT OF YOUR CHARTER REQUIRES THAT, OR IF YOUR CHARTER DOESN'T REQUIRE THAT YOU PUBLISH THE TEXT OF AN ORDINANCE, UH, I MEAN THE CAPTION FOR TWO, UM, AT LEAST TWICE IN THE OFFICIAL NEWSPAPER.
SO IT'S A GOOD IDEA TO HAVE SOMETHING IN THE CHARTER SO YOU DON'T HAVE TO PUBLISH IT TWICE UNLESS YOU JUST WANT TO DEFAULT TO STATE LAW.
BUT THIS IS A TYPICAL AMENDMENT THAT A VOTER WOULD SEE PROVIDE FOR ACTION REQUIRING ORDINANCE IN GENERAL TO REQUIRE ONE READING FORM PROCEDURES FOR ADOPTION, EFFECTIVE DATE PUBLICATION, EMERGENCY ORDINANCES AS ALLOWED BY STATE LAW.
AND IN YOUR VOTER GUIDE YOU WOULD EXPLAIN ALL OF THESE WAYS ORDINANCES ARE ADOPTED.
THE ONLY EXCEPTION WOULD BE FRANCHISES.
AND IF YOU ADOPT SOMETHING LIKE THIS IN YOUR FRANCHISE ORDINANCE SECTION, IF YOU WANT TO, YOU WOULD REQUIRE TWO READINGS BECAUSE YOU'RE TALKING ABOUT RATES.
ALL WE'RE DOING IS SAYING THAT VOTER, IF THIS WERE THE PASS WE NO LONGER WOULD DO.
UH, I BELIEVE THE SECOND READING, WE DIDN'T HAVE TO DO THAT BECAUSE YOU'RE ONLY REQUIRE TO DO ONE GOING FORWARD.
AND IT, AND IF WE UP TO COUNCIL ON FIRST READING, THEY WANT TO MAKE CHANGES AND THEN, UM, POSTPONE THAT TO THE NEXT MEETING FOR FINAL ACTION.
IT GIVES YOU A LITTLE BIT MORE FLEXIBILITY.
AND IT'S NOT THIS AUTOMATIC, UM, STAFF TIME WHERE THERE'S, YOU KNOW, PUBLISHING ON THE AGENDA, SECOND
[00:15:01]
READING AND UM, THE PROCEDURES THAT WE'VE ADOPTED, YOUR BOND COUNCIL INDICATED THAT UM, JUAN'S, WHEN THEY'RE PAST THOSE BOND ORDINANCES ARE EFFECTIVE ON FIRST READING.BUT WE ALWAYS HAVE A SECOND READING BECAUSE IT SAYS SPECIFICALLY IN BONDS AND THE BOND COUNCIL DOESN'T LIKE THAT.
AND THEN THE STATE LAW FOR YOUR BUDGET AND YOUR TAX HEARINGS, YOU HAVE THAT SEVEN DAY RULE WHERE YOU, WHEN YOU PUBLISH THIS AND YOU HAVE YOUR FIRST, UM, WE HAVE ORDINANCE, YOU HAVE TO PASS IT WITHIN SEVEN DAYS.
THAT KIND OF CONFLICTS WITH OUR BUDGET AND TWO GRADE MEETINGS.
SO, SO THIS IS UM, KIND OF A CLEANUP FOR YOUR ORDINANCES I GUESS.
LIKE I SAID, IF A COUNCIL WANTED HAVE A SECOND READING, THEY COULD JUST TABLE IT, MAKE THE CHANGE TABLE TO THE NEXT MEETING, RIGHT? SO THEY GET THE FULL ORDINANCE THAT THEY CAN READ.
SO LET'S MOVE ON TO FILING FOR OFFICE.
SO THIS IS ANOTHER ONE THAT I'VE ADDED.
UM, WE HAVE A PROVISION CHARTER.
THE SHALL CONTINUE IN SUCH POSITION AFTER FILING FOR ELECTIVE OFFICE THAT UM, THERE'S A TEXAS LOCAL GOVERNMENT CODE PROVISION THAT SAYS THE CITY CAN'T DISCIPLINE OR TAKE ANY ADVERSE EMPLOYMENT ACTION AGAINST EMPLOY ME SIMPLY BECAUSE THEY'RE A CANDIDATE FOR OFFICE.
SO THAT MOST CITIES JUST DELETE THAT HAVE A VOTER PROPOSITION TO DELETE.
DOES THAT MEAN SOMEBODY DOESN'T HAVE THAT THEY THEIR OFFICE TO UNDER ANOTHER POSITION OWNER? NO, THIS IS JUST A, A CITY EMPLOYEE, BUT THEY'D HAVE TO RESIGN ONCE THEY GOT ELECTED.
BUT YOU CAN'T MAKE THEM QUIT JUST CAUSE THEN THE FINANCIAL ADMINISTRATION REALLY THE CLEANUP HERE IS YOU USE UM, I'M SORRY THIS I MOVE ON IN MY MIND, BUT THIS IS NOT WHAT I WAS THINKING.
SO THIS IS FOR THE SEPARATION PAY.
THERE WAS A CONCERN THAT IF THE, UM, BECAUSE THE CHARTER NOW ALLOWS, UM, TRANSFER OF FUNDS, UH, WITHIN A DEPARTMENT BY THE CITY MANAGER.
AND THE CITY MANAGER REPORTS THAT THE NEXT MEETING, IF HE'S DONE THAT, THAT UM, THE SEPARATION OF PAY COULD BE USED BY A CITY MANAGER UNLIKE JAMES TO JUST KEEP GOING OVER HIM, SEPARATING EMPLOYEES FROM THEIR EMPLOYMENT.
SO THIS IS, UM, AMENDMENT THAT YOU COULD, UH, PUT IN THAT MANAGER CAN DO THIS EXCEPT FOR TRANSFER FUNDS FOR EMPLOYEE SEPARATION PAY SHALL BE LIMITED BY ORDINANCE.
SO IF HE'S GOING TO EXHAUST THE FUNDS IN A SEPARATION PAY COUNT IN ORDER TO REPLENISH, YOU'D HAVE TO DO BOTH BUDGET MANUAL ROSE WITHOUT THIS ONE COULD JUST MOVE SAY 25,000 FROM PROFESSIONAL SERVICES IN THE SAME DEPARTMENT OVER TO IT AND THEN BE FIXED.
RIGHT? I MEAN YOU'D BE FOLLOWING A CHARTER AT THAT POINT, WHEREAS THIS WOULD STOP THAT FROM HAPPENING.
IN ANY CASE, THERE IS A REQUIREMENT TO REPORT.
I'M JUST SAYING I DON'T KNOW IF IT'S A RUSH THAT WE HAVE TO DO IT THIS MAY VERSUS THE CHART.
SO WE'VE LOOKED AT THE PURCHASE PROCEDURE IN SECTION EIGHT 12.
WE DIDN'T REALLY SEE ANY, UM, ISSUES THAT REALLY HAD TO BE AMENDED.
IT COULD EVEN BE ELIMINATED CUZ YOUR PURCHASE PROCEDURES ARE DICTATED BY STATE.
[00:20:06]
SO ETHICS, THIS IS THE ONE I WAS SPEAKING OF WHEN I OPENED MY MOUTH.SO YOU USED THE WORD, UM, PRIVATE FINANCIAL INTEREST INSTEAD OF SUBSTANTIAL INTEREST.
I THINK THAT'S WHAT, UM, THE CHARTER PROVISION WAS TO FOCUS ON.
AND SO THIS WOULD JUST MAKE IT CONSISTENT THROUGHOUT THE CHARTER PROVISION, STATE WORDING.
AND THE REASON FOR THE AMENDMENT WAS TO ELIMINATE THAT PRIVATE FINANCIAL INTEREST.
CUZ IT'S NOT DEFINED, IT'S NOT REALLY DEFINED IN THE ORDINANCE.
AND IT'S NOT REALLY DEFINED IN STATE LAW.
IT'S INTERESTING IN OUR TRAINING THE OTHER NIGHT WHEN ALAN WAS TALKING ABOUT AS FAR AS, AND I DID ASK A QUESTION ABOUT, UM, CAMPAIGN DONATIONS, UM, IN THE MATTER OF DEVELOPMENT PROCEEDINGS AND PEOPLE THAT MAY OR MAY NOT HAVE, UM, INFLUENCE IN THOSE.
AND IT KIND OF KIND OF STRUCK THE COURT WITH ME AS LIKE LEGAL BRIBERY IN, IN, IN A WAY.
SO, UM, I DON'T KNOW HOW, UM, WE AS A CITY CAN STOP THAT.
I DON'T KNOW THAT, UM, THERE IS A WAY THAT WE COULD, AND THERE IS A STATE LAW THAT SPECIFICALLY TALKS ABOUT CAMPAIGN CONTRIBUTIONS NOT BEING PART OF FINANCIAL, UH, PROHIBITIONS.
AND I DON'T MIND EXPLORING THAT.
UM, I COULD SEE THAT IF A PERSON AND KEEP TRACK OF ALL THE DIFFERENT CONFLICTS BECAUSE YOU HAVE A PRIVATE CITIZEN THEN DONATES MONEY, BUT THEN IF THEY WANT SAY A VARIANCE FOR THEIR BUSINESS, THEN ALL OF A SUDDEN YOU'D HAVE TO RECUSE YOURSELF FROM THAT BOAT.
AND SO YOU END UP GETTING TO WHERE YOU'D HAVE TO KNOW EVERY PERSON THAT CONTRIBUTED TO YOU OVER THE PAST THREE YEARS.
AND AT ANY POINT IN TIME, IF ANY OF 'EM WERE TO COME UP, YOU WOULD HAVE THE SAME CONFLICT.
WHETHER IT BE A DEVELOPER OR A HOMEOWNER WANTING A A VARIANCE FOR OFFENSE.
UM, I DON'T MIND LOOKING INTO IT BECAUSE I KNOW IT KEEPS, IT'S AN ITEM THAT KEEPS COMING UP.
IT KEEPS COMING UP ME PERSONALLY BECAUSE YOU WERE ADVERTIS ADVERTISING DURING YOUR CAMPAIGN ABOUT SOMETHING THAT NOBODY ELSE KNEW ABOUT AND YOU COLLECTED MONEY.
IT'S NOT A BUNCH WHAT YOU TALKING ABOUT, BUT I THINK WE RESERVE THAT IF YOU HAVE AN ISSUE ON A PERSONAL BASIS, I'D SUGGEST AN AGENDA ITEM ON A COUNCIL MEETING AND THEN INSTEAD OF HASHING IT WITH CODED WORDS AND LITTLE DROPPED LINES HERE AND THERE, WE HAVE, UH, ACTUAL AGENDA ITEM WHERE WE CAN HEAR YOUR CONCERNS IN THE PUBLIC.
AND THE PUBLIC CAN HEAR ANY KIND OF INFORMATION I HAVE.
AND THAT'S, TO ME, IT'S THE BEST WAY TO SETTLE THINGS IN A DIPLOMATIC PROFESSIONAL AWARENESS CITY COUNCIL.
BUT THE CONSTANT COMMENTS AND ALL THAT, IT, IT'S NOT RESOLVING IT FOR YOU.
SO I WOULD SUGGEST AGENDA ITEM AND YOU CAN BRING IT UP AT THE START OF THE COUNCIL MEETING.
THAT'D PROBABLY BE THE BEST WAY.
SO THE NEXT UH, PROVISION HAS TO DO WITH THE CHARTER REVIEW COMMISSION.
UM, STATE LAW GOVERNS, YOU KNOW, WHEN YOU CAN'T APPOINT A CHARTER REVIEW COMMISSION IN THE PROCEDURE COURT AND ACTUALLY ALLOWS THE VOTERS TO PETITION FOR CHARTER REVIEW COMMISSION.
SO YOU MAY WANNA, UM, OUR TALKS ABOUT THAT.
WE SHALL, UM, AT A CHARTER REVIEW COMMISSION, YOU MIGHT WANNA, UH, MAKE THAT NAME AND, UM, REMOVE REQUIREMENT FOR EVERY FOUR YEARS AND MAKE IT MORE CONSISTENT WITH STATE LAW, WHICH ALLOWS CHARTER REVIEW COMMISSION EVERY TWO YEARS.
I KNOW, I I KIND OF LIKE THE IDEA THAT YOU STILL HAVE THE REQUIREMENT BECAUSE I COULD SEE, CAUSE ANYTIME I LOOK AT US CHANGING THINGS IN THE LAW, I DON'T LOOK AT OUR CURRENT COUNCIL, BUT LIKE WHAT'LL BE GOING FORWARD, WHAT HAPPENS IF YOU GOT A VERY POWER COUNCIL AND NEVER DOES THE CHARTER STATE LOSSES? IT ALLOWS IT EVERY TWO YEARS.
RIGHT NOW THE CHARTER FORCES A CHARTER AMENDMENT REVIEW EVERY, AT LEAST ONCE EVERY FOUR YEARS.
I DON'T, I DON'T, UM, I I'M TRYING TO SEE THE
[00:25:01]
REASON WHY WE WANT TO REMOVE THE STIPULATION.I I GET WHY WE MAY NOT HAVE TO, BUT I AGREE WITH YOU.
I LIKE THIS BECAUSE THIS FORCES YOU TO APPOINT A REVIEW COMMISSION THAT THEN THE CITIZENS CAN BRING UP RECOMMENDATIONS.
YOU STILL DON'T HAVE TO TAKE THE RECOMMENDATIONS, BUT YOU HAVE TO AT LEAST LISTEN TO THEM.
IF WE TAKE THAT OUT, I MEAN, ALL STATE LAW DOESN'T REQUIRE YOU TO DO THAT.
SO THEORETICALLY THE CITY COUNCIL'S GOING FORWARD NEVER ENGAGE THE PUBLIC ON CHANGES.
THEY JUST START BRINGING UP CHANGES, MAKING 'EM, PUTTING 'EM ON BALLOTS WITHOUT ANY PUBLIC INPUT.
WELL, THE PUBLIC INPUT IS THE BALLOT ITSELF.
I MEAN, THEY COULD VOTE IT DOWN BUT MANIPULATE IT.
BUT YOU COULD, VOTERS WE DON'T KNOW AND THEY JUST VOTE YES OR NO OR WHATEVER.
SO I, I LIKE THE IDEA THAT YOU'RE STILL FORCED TO DO IT.
I, I THINK THAT SAYS, YEAH, I'M ON A FLIP SIDE TOO, IF, YOU KNOW, IT'S ALLOWED EVERY TWO YEARS THERE, IT COULD BE CHANGED SO OFTEN THAT IT'S JUST KIND OF, THERE'S NO, YOU KNOW, SUBSTANTIAL LIKE CONSISTENCY FOR A TIME PERIOD AND, YOU KNOW, SEATS CAN FLIP, UM, ON COUNCIL AS WELL.
AND SO IT'S JUST TOO MUCH, I GUESS A LOT OF OPINIONS.
BUT I, I DO LIKE THAT THE, THE CHARTER REVIEW COMMISSION IS A CONSISTENT BODY THAT WILL MAKE THE CHANGES AND THAT CAN BE DONE IN EVERY FOUR YEARS AT MINIMAL, RIGHT? SO MM-HMM.
IF, IF SOMEONE'S JUST LIKE, HEY, IT'S BEEN TWO YEARS, LET'S, LET'S GO THROUGH THIS AGAIN AND CHANGE THINGS.
I DISCRETE PETER'S GONE, LET'S CHANGE IT.
UM, BECAUSE IT MAY BENEFIT ME, RIGHT.
YOU KNOW, THINGS OF THAT SORT.
OBVIOUSLY NOT PERSONAL, BUT SURE.
UM, JUST FOR ABSURD EXAMPLE,
SO NOW THAT WE HAVE THE NOMINATING COMMITTEE, DO WE WANT TO HAVE THIS FOLLOW THAT SAME PROCESS THAT WE FOLLOW FOR EVERYTHING ELSE? THEY GO THROUGH THE NOMINATING COMMITTEE AND THEN THE FULL COUNCIL POINTS, OR IT DOESN'T GO THROUGH THE NOMINATING? I WOULD LEAVE.
CAUSE AT THE TIME THAT YOU'RE GONNA BRING THAT AS LEGISLATIVE BODY, EACH LEGISLATIVE BODY GIVES A NUMBER OF VOTE INSTEAD OF THE THREE PEOPLE THAT HAPPEN TO BE ON THE CHARTER REVIEW THAT YEAR.
JAMES HAD A THOUGHT, BUT I THINK HE'S, YOU'RE BRINGING UP IN THE BEGINNING OF THE YEAR WHEN IT, AS IT COMES TO HOW YOU'VE SEEN OTHER CITIES APPOINT PEOPLE TO BOARDS AND RECOMMENDS.
SO AS Y'ALL CAN IMAGINE, YOU, YOU END UP WITH THIS ISSUE OF VACANCIES ARE OCCURRING AND YOU DON'T KNOW WHICH APPLICATIONS ARE STILL ACTIVE OR I PUT IN MY APPLICATION AND I DIDN'T GET APPOINTED THIS TIME, BUT I STILL THINK I'M IN THE RUNNING, SO I DON'T PUT IN ANOTHER APPLICATION.
TH THIS IS THE PROBLEM THAT, THAT WE, WE TRIED TO FIGURE OUT HOW TO TACKLE AND UNFORTUNATELY I DIDN'T STICK AROUND LONG ENOUGH TO SEE HOW IT WOULD PLAY OUT.
BUT THE PROCESS THAT THAT ENDED UP GETTING CREATED WAS WE CREATED A ONLINE APPLICATION, JUST LIKE A JOB APPLICATION FOR THE BOARDS AND COMMISSIONS.
AND WE OPENED UP JOB POSTINGS, IF YOU WILL, FOR BOARDS AND COMMISSIONS AT THE END OF MAY.
SO ALL BOARDS AND COMMISSIONS WERE ALL OPEN AT THE SAME TIME.
AND EVERYONE COULD APPLY AND YOU COULD PICK, YOU KNOW, HERE'S MY HIERARCHY OR HERE ARE THE FOUR I'M INTERESTED IN.
CLICK THE LITTLE BOXES, PUT IN YOUR APPLICATION THROUGHOUT THE SUMMER.
AND THEN THE COUNCIL WOULD TAKE ALL THE APPLICATIONS AND REVIEW THEM AND THEN EFFECTIVELY HOLD A SPECIAL MEETING AND APPOINT EVERYONE TO ALL THE BOARDS AND COMMISSIONS BASICALLY ALL AT THE SAME TIME AT THE BEGINNING OF THE FISCAL YEAR IN OCTOBER.
AND THEN IF THERE WAS A SITUATION WHERE THERE WAS A MID-YEAR VACANCY, THEN YOU STILL HAD USUALLY A PRETTY GOOD POOL OF CANDIDATES THAT YOU COULD EASILY PULL FROM TO APPOINT TO THE POSITIONS.
AND IF YOU GOT TOO FAR INTO THE YEAR, THEN YOU MAY HAVE TO DO A SPECIAL POLL OR JUST KEEP THAT SEAT VACANT UNTIL THE NEXT, UNTIL THE NEXT, THE FULL CYCLE.
THAT'S THE WAY THAT, THAT KYLE HAD DECIDED TO TACKLE THE PROBLEM.
I DON'T KNOW THAT IT'S THE RIGHT SOLUTION, IT'S JUST A SOLUTION.
THE, THE PART THAT I CERTAINLY LIKE THE MOST OF ALL OF THAT IS THE ONLINE APPLICATION, THE JOB POSTINGS.
BECAUSE THEN WHAT WE CAN DO IS WE CAN GRANT COUNCIL ACCESS TO, ASSUMING I GET THE SOFTWARE IN PLACE, BUT WE COULD GRANT COUNCIL ACCESS TO THE JOB POSTINGS AND THEN THAT, I MEAN, FOR THOSE, FOR THOSE BOARDS AND COMMISSIONS.
SO, SO YOU CAN ALL SEE, RIGHT, YOU CAN STILL HAVE YOUR, YOUR SUBCOMMITTEE IF THAT'S THE WAY THAT Y'ALL DECIDE YOU WANT TO OPERATE.
BUT, BUT THEN YOU DON'T HAVE TO WORRY ABOUT WHO HAS ACCESS TO THE APPLICATIONS, WHO DOESN'T, ARE THEY UP TO DATE, ARE THEY NOT, SO ON AND SO FORTH.
SO THIS CHARTER AMENDMENT REALLY IS FOR UH, THE CHARTER REVIEW COMMITTEE.
[00:30:01]
AND THOSE ARE GOOD IDEAS BUT WE'RE COMING UP TO SIX 30.AND UM, SO WE'LL TAKE WHAT COUNCIL HAS SAID, WE'LL PUT AN ITEM ON THE NEXT AGENDA WHETHER OR NOT MOVE FORWARD.
AND TO THE EXTENT WE CAN FRAME THAT SOME OF THESE PROPOSITIONS WE THIS ONE TO KEEP, I LIKE THE MAYOR PRO'S POINT.
IF WE'RE GONNA DO THIS, WE RUN IT THROUGH THE SAME PROCESS AND THEN YOU WOULD MAKE THAT CHANGE HERE THAT INSTEAD OF COUNCIL DOING AN APPOINTING, IT WOULD RUN BY, UH, I DON'T KNOW HOW YOU GOT IT AS AS DONE BY ORDINANCE, BY THE CITY COUNCIL FOR BOARD AND COMMISSIONS OR SOMETHING.
AND THEN THAT WAY THEN WE CAN CHANGE IT WITH THE ONLINE APPLICATION AND OTHER THINGS.
BUT THEN YOU DON'T HAVE US ALL PICK ON CERTAIN PEOPLE.
YOU HAVE A COMMITTEE DEPENDING ON THE YEAR.
CUZ IT SEEMS LIKE IF WE'RE GONNA DO EVERY BOARD THAT WAY, IT'D BE WEIRD TO ALL OF A SUDDEN HAVE ONE THAT WE'RE NOT DOING.
AND THE WAY THAT BEEN DESCRIBED AS WHAT THE ORIGINAL INTENTION WAS WITH THE NOMINATING COMMITTEE, THEY JUST NEED ONCE A YEAR AND THEY DO THE WHOLE THING AND THEN PRESENT THE COUNCIL.
AND WE'VE ALSO ASKED FOR THE ONLINE THING.
SO HOW WOULD IT WORK FOR JUST ONE QUESTION FOR THE CHARTER REVIEW.
I KNOW WE GOTTA GO TO THE NEXT ONE, BUT MY ONLY QUESTION WILL BE, SINCE ONE IS ONLY GONNA BE PROBABLY ONCE EVERY FOUR YEARS, CAUSE ONE SAYS WE GET A MORE MATURE DOCUMENT PRIOR CHANGE, IT'S ONCE EVERY FOUR YEARS.
SO YOU TAKE APPLICATIONS ONCE EVERY FOUR YEARS.
LIKE IT'S AN OLYMPIC EVENT FOR THAT ONE, FOR THE THING.
I'M JUST, THAT IS THE ONLY REASON WHY I LIKE, IF YOU LEAVE IT LIKE THIS ONE BECAUSE IT'S, THIS IS TO BE THE ONLY ONE THAT'S ONCE EVERY FOUR YEARS.
WHEREAS EVERYTHING ELSE, BUT I GUESS IF WE'RE LOOKING LIKE A WATER MASTER PLAN COMMISSION AND STUFF, THOSE ARE TASK FORCE THAT YOU GET APPOINTED.
YEAH, IT COULD BE A CHECK BOX, BUT THEN YOU CAN GO BACK AND LOOK AND, OKAY, I NEED TO KNOW WE'RE GONNA, WE'RE GONNA HOLD A COMMISSION.
LET'S GO LOOK AT EVERYBODY THE LAST TWO YEARS AND CHECK THAT BOX AND THEN ASK 'EM, WOULD YOU BE INTERESTED IN SHERVIN ON IT? THAT'S A GOOD IDEA.
WE DO A SPECIAL CALL FOR, YEAH.
YOU KNOW WE'RE GONNA DO A CHARTER OVER REVIEW COMMISSION THIS YEAR, SO WE'RE CALLING FOR APPLICATIONS.
YOU DO IT IN MAY 90 DAYS AND THEN THAT MAKES SENSE.
HAVE ANY OTHER QUESTIONS BEFORE WE ADJOURN? ALL RIGHT.
HEARING NONE, WE'LL ADJOURN AT 6 32.