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HomeMy WebLinkAboutCharter Review Committee Agenda - July 14, 2016 City of Colleyville Page 1 Charter Review Committee Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Thursday, July 14, 2016 6:00 p.m. Executive Conference Room Third Floor – City Hall 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES July 6, 2016 4. DISCUSSION 4a Discussion of resolution items to be considered: Section 14.02 Personal Financial Interest; Section 3.09C Quorum and Voting; Section 7.02 City Secretary; Section 7.03A Chief of Police; Section 7.04A Fire Chief; Section 7.05 Department of Public Works; Section 7.06 Department of Finance; other City positions; Section 3.01 Number, Selection, Term 4b Discussion of additional amendments proposed by committee members 5. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, July 8, 2016 by 5:00 p.m. Amy Shelley, TRMC City Secretary A quorum of the Colleyville City Council and/or any City board, commission, or committee may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville Charter Review Committee MINUTES - DRAFT City Hall 100 Main Street Colleyville, TX 76034 817.503.1000 www.colleyville.com Wednesday, July 6, 2016 6:00 p.m. Executive Conference Room Third Floor – City Hall 1. CALL TO ORDER The Charter Review Committee was called to order on July 6, 2016, at 6:02 p.m. by Chairman Frank Carroll. 2. ROLL CALL: Chair Frank Carroll, Vice Chairman Michael Muhm, and Committee members Rich Hendler, David Medlin, Claudia Bevill, Tim Weymouth, Nelson Thibodeaux, Steve Waltens, and Vince Hawkins were present Absent: Shirley Schollmeyer Mayor Richard Newton, Councilmember Bobby Lindamood, City Manager Jennifer Fadden, Assistant City Manager/Director of Public Safety Mike Holder, SH26 Project Coordinator James Hubbard, and City Secretary Amy Shelley were also present Mayor Newton welcomed everyone and expressed his appreciation for their service to this committee. Councilmember Lindamood also welcomed everyone and expressed his appreciation for their service to this committee. 3. DISCUSSION 3a Discussion of the Committee's resolution, charge, requests for information procedure, and timetable for completion 3b Discussion of proposed meeting dates: July 14, July 21, and July 25, 2016 3c Discussion of resolution items to be considered: Section 14.02 Personal Financial Interest; Section 3.09C Quorum and Voting; Section 7.02 City Secretary; Section 7.03A Chief of Police; Section 7.04A Fire Chief; Section 7.05 Department of Public Works; Section 7.06 Department of Finance; other City positions; and Section 3.01 Number, Selection, Term Charter Review Committee Minutes July 6, 2016 City of Colleyville Page 2 Discussion of Section 7.02 City Secretary; Section 7.03A Chief of Police; Section 7.04A Fire Chief; Section 7.05 Department of Public Works; Section 7.06 Department of Finance; other City positions detailed as the following: Chairman Carroll asked the Committee members if there are any concerns regarding the proposed amendments to the employee positions outlined in the Charter. Member Waltens asked Chairman Carroll if there is simply a ratification of an appointee. Chairman Carroll stated if the City Council does not approve of the city manager’s applicant, the applicant would not be appointed to the position. Member Waltens stated it is a distribution of power, per se. Member Hawkins asked how the appointments currently occur. Chairman Carroll replied the City Council does not currently approve appointments to these positions. Member Medlin asked how the city manager is approved and how often. Vice Chairman Muhm replied currently the City Council hires the municipal judge, the city attorney, and the city manager. Member Medlin asked how often this occurs. Chairman Carroll replied it would occur if the city manager resigns or was fired. He added it does not happen every year, only when an issue arises. Member Hendler added there is an annual review for the city manager. Member Thibodeaux asked if the Charter outlines a chart of responsibility to the city manager’s direct reports. Chairman Carroll replied the proposed amendment does not define senior staff specifically. Vice Chairman Muhm stated he does not understand why others are not listed, such as the deputy city manager. Mayor Newton replied these particular amendments are to the positions currently outlined in the Charter. Member Hawkins asked after appointments are made, who is the manager of these people. Chairman Carroll replied the city manager is the manager of those people. Member Hawkins asked if the city manager has complete autonomy. Chairman Carroll replied with the autonomy that the city manager gives them. Member Hawkins asked if the city manager can terminate them without having to come back to City Council. Chairman Carroll replied no, these positions would not have to be approved for termination through City Council. Mayor Newton added the phrase, “with approval of City Council” used to be in the Charter; however, it was removed in 2005. Charter Review Committee Minutes July 6, 2016 City of Colleyville Page 3 Member Weymouth asked who the Mayor was in 2005. Mayor Newton replied Joe Hocutt. Member Hendler added Bill Lindley was the city manager at that time too. Vice Chairman Muhm asked Member Hendler if City Council ever approved those positions. Member Hendler replied he did not remember. Vice Chairman Muhm asked Mayor Newton if he remembered. Mayor Newton replied it was when he was there. Member Hendler replied it seems to be more transparent and adds to the value of an elected City Council. Member Weymouth and Thibodeaux concurred. Vice Chairman Muhm asked if there is nothing to require this be conducted in an executive session, or out in a public forum. Chairman Carroll replied just that it takes place. Vice Chairman Muhm stated for an “indefinite term” is absent on the city secretary and the finance positions, unlike the other positions. Chairman Carroll replied it can be added to make those consistent with the other positions. Member Medlin asked what an “indefinite term” means. Vice Chairman Muhm replied there is no term, you are at the pleasure of. Member Hawkins asked about the timing of the hiring, and if any delays would hinder the process, especially with a competitive market place, and losing a candidate. Chairman Carroll replied it could be placed on a regular City Council meeting agenda, or City Council calls a special meeting. Member Hendler stated there would be a timeframe noted with the employee’s departure. Member Medlin asked staff if this situation has ever occurred. City Manager Jennifer Fadden replied she would adopt this process into the hiring schedule. Member Waltens added a special meeting could be called if a situation came up. Discussion of Section 3.09C Quorum and Voting detailed as the following: Vice Chairman Muhm replied it is important for voting at the same time, rather by a show of hands, or electronically. Member Medlin asked about the committee member voting, and if the person would still be voted on. Chairman Carroll replied yes. Vice Chairman Muhm asked if this is just clean-up language. Chairman Carroll replied yes, clean-up provisions. Charter Review Committee Minutes July 6, 2016 City of Colleyville Page 4 Discussion of Section 14.02 Personal Financial Interest detailed as the following: Chairman Carroll stated section 14.02(k)(i) should just read, “…Tarrant, Denton, and Dallas counties”, with the removal of “north of Interstate 30 and east of Interstate 35 W, and that portion of Denton County south of State Highway 114 and east of Interstate 35W…” Vice Chairman Muhm asked if this will effect currently seated City Councilmembers. Chairman Carroll replied yes. Member Medlin stated he agrees with a timeframe for reporting, but more than five days may need to be given for flexibility. Vice Chairman Muhm replied there are currently five days to report. Chairman Carroll replied five days seems to be a reasonable timeframe, but maybe to clarify it as five “business” days. Vice Chairman Muhm added he likes business days, but five does seem tight. Member Medlin stated he would hate for someone to get in trouble if they are on vacation. Vice Chairman Muhm added these are rare occurrences. Chairman Carroll added especially with email, five business days should allow ample time. Vice Chairman Muhm asked if this would just include updating the financial disclosure form. Chairman Carroll replied he envisions there would be an additional form used to update the financial disclosures, and maybe note any change that occurs during that timeframe. Member Hawkins asked if the updates would include any publicly traded stock. Chairman Carroll replied he believed so. Member Medlin replied two percent would have to be disclosed. Member Hawkins stated it may be difficult to do within five business days, if someone is trading on their behalf, and he added he does not feel two percent is high enough, maybe five percent would be better. He stated someone could violate this and not even realize it. Chairman Carroll replied not having a problem with that, it is the investments in the limited partnerships that create the financial conflicts. Vice Chairman Muhm stated he believed the disclosure would be if there is a contractual relationship with the City, which may be very few and far between to begin with. Chairman Carroll replied that could be correct, but he did not know. Member Medlin asked what the punishment is if this is violated or not disclosed. Chairman Carroll replied consequences with employees with the City would be possible termination, and the consequences with appointed officials (P&Z) would be removal by the City Council, and the consequences with elected officials would Charter Review Committee Minutes July 6, 2016 City of Colleyville Page 5 be removal for violation of the City Charter. Member Muhm added an ethics complaint can be filed with the Texas Ethics Commission. Member Weymouth asked for an example of where you have a contract with the City where we could own stock in it. Vice Chairman Muhm replied a contracting company such as paving. Chairman Carroll added a landscaping firm, or real estate investing. Member Hawkins asked about regional banking for the City, and if someone has stock in that bank. Chairman Carroll replied yes, they would have to disclose the information. Member Waltens asked if the intent is to prevent people from being on committees and/or holding offices, while promoting legislation by which they would benefit personally or financially. Chairman Carroll replied yes. Chairman Carroll added the adoption of these amendments to the Charter may require amendments to other ordinances. Member Medlin added he does not believe a personal business footer should be marketed in a City email. Member Bevill stated she believed it is covered under Section 14.02A, especially if you are addressing them from the position you hold, the personal interest should be set aside. Chairman Carroll replied he is not sure if it prohibits this, and it may be something members want to revise to provide further clarification. Member Medlin asked where the $100 disclosure limit came from. Chairman Carroll replied most are at a $50 minimum disclosure. Member Hawkins asked if this excludes sporting events. Vice Chairman Muhm replied most will exceed $100. Chairman Carroll replied it would need to be disclosed. Member Bevill asked about rounds of golf. Chairman Carroll replied if it exceeds $100. Member Medlin asked if the dollar amount needed to be increased. Member Waltens replied it goes back to the spirit, we want to know if they have a relationship with people who are benefiting from the City’s taxpayers’ dollars. He added it is not going to be a rampant thing, and in reality it is just healthy to have it all disclosed. Member Hawkins asked about people trying to get approval through City Council or P&Z. Member Thibodeaux replied it states any proposed or existing. Member Waltens stated it is not in the financial disclosure language. Member Thibodeaux Charter Review Committee Minutes July 6, 2016 City of Colleyville Page 6 added it exists in the Charter today. Chairman Carroll stated a provision could be added to Section 14.02k that would apply to any interested parties. Member Waltens and Medlin agreed. Member Weymouth asked if it is realistic for a citizen to know within 15 days if something is wrong, as outlined in Section 14.02(F). Chairman Carroll added he would provide some clarification language for this, such as “knew or should have reasonably known.” Discussion of Section 3.01 Number, Selection, Term detailed as the following: Vice Chairman Muhm asked if a councilmember, in his second term, would have to resign after filing for Mayor. Chairman Carroll replied if someone resigns their position, even if only one day is served, it would still count as a full term served. Member Medlin asked if the councilmember would have to resign if they are in their third year of their second term while they are running for Mayor. Chairman Carroll replied that is not addressed here, but no, they would not have to resign the way it is currently drafted. Mayor Newton replied the Charter currently states that they would have to resign from their current office. City Manager Jennifer Fadden added it is in Section 3.08. Chairman Carroll asked Mayor Newton how much of the term would have to remain before a special election to fill the vacancy would occur. Mayor Newton replied it is something like 90 days within an election, or hold a special election. Member Medlin stated Section 3.05 is relevant to vacancies. Chairman Carroll requested committee members to send him an email with any revisions necessary to the proposed section. Member Waltens asked about being consistent with the words “terms” and “years.” Chairman Carroll replied there is no reason why we can’t be consistent with either throughout the Charter. He added the 12 years is relevant to years in any combined office. Member Medlin asked if there is any interest in limiting total terms. Member Bevill replied she likes that, especially since other cities are doing it. Member Thibodeaux asked Chairman Carroll about four terms or 12 consecutive years. Chairman Carroll replied 12 years is the maximum of consecutive years served, two terms as City Council, two terms as Mayor. Member Waltens asked if this will be retroactive. Chairman Carroll replied it is not retroactive, because any member, who has met this provision, would immediately Charter Review Committee Minutes July 6, 2016 City of Colleyville Page 7 be kicked off. He added this provision allows for it to become effective at the next election. Member Hawkins stated he does not agree with making this effective immediately because of the loss of institutional knowledge. Member Medlin stated the previous institutional knowledge did not listen to the citizens. Member Thibodeaux added this has to be straight forward, and if the citizens are going to vote for it now it must be effective immediately. Member Hawkins stated being in favor of term limitations, and it depends on how we enact them. Vice Chairman Muhm agreed. Member Bevill replied she does not have a problem with the way it is written, but there is provisional language sometimes used for the transitional situations. Chairman Carroll stated there is always a way to write it, but it is proposed to let everyone serve out the term they currently have, and it applies to all City Councilmembers. Councilmember Lindamood stated Colleyville is enriched with so much talent, and people that want to run for office are already doing their homework to run for office. Member Hawkins agreed, and stated those people can run now. Councilmember Lindamood added there was some discouragement to run against someone who has been in office for so long. Vice Chairman Muhm added there is a lot of bench strength in the community, and new ideas enhance that experience. He stated there has to be a mechanism to force change or it never happens. Member Hawkins stated he is not disagreeing with term limitations, just the implementation of it. He stated effective immediately targets some current members, and phasing this in does not reduce its power. Chairman Carroll stated it then becomes an issue about when to do it, or how much time to delay it. Member Waltens asked about the benefit of delaying it now then saying upon the expiration of your term, you serve two terms, then you are ineligible. Member Hawkins replied it helps with the institutional knowledge of the business of Colleyville. Member Bevill stated she believes the new people will dig in and work hard. She stated there is a lot to be said for experience, but that is not the be-all-end-all. She stated not sure that institutional knowledge is a valid concern, especially with so many bright and willing people in the community, and they will find out. Member Waltens stated if we agree that term limits are a good idea, then why not implement them now versus later? Charter Review Committee Minutes July 6, 2016 City of Colleyville Page 8 Member Thibodeaux stated the institutional knowledge is with the city manager. He stated his concern is that if it is not effective now, then the voters question when it becomes effective. Member Hawkins asked about the ratification of this process. Chairman Carroll replied the next time the amendments will be voted on, one at a time, with somebody making a motion to approve it, and somebody will second it. If there are amendments, then those will need to be voted on as well. He added he will then put together a report for the committee to review, and then it will be presented to City Council for their review. He stated at that time, it will be placed on a City Council agenda for their approval, and then a resolution will be placed on another City Council agenda to call the special election. Member Hawkins asked if the vote will be made by the majority. Chairman Carroll replied yes. Member Hawkins asked about the next committee meeting. Chairman Carroll replied on July 14th, in this room. Vice Chairman Muhm asked Chairman Carroll if a member is not present, can they vote by proxy. Chairman Carroll replied he did not know, but asked the city manager to ask the city attorney to see if the members can attend by telephone. Member Hawkins stated he would prefer to email his vote in. Member Weymouth stated he would not be here either. Member Hawkins stated he would like some flexibility in voting, especially given the short timeframe. Member Bevill asked about the inconsistencies in the Charter, Section 3.09A, page 8 and 13.01(C)3, page 34 – the calling of special meetings with three or four members; and same sections with three or four affirmative votes. Chairman Carroll stated when the City Council member number changed from six to seven members, these numbers were left to reflect that change. He added he would make an effort to clean those up. Assistant City Manager/Director of Public Safety Mike Holder stated this was to provide for the transition between six and seven members. Chairman Carroll replied Article XIII may need to be removed from the Charter, with a separate vote. Member Thibodeaux asked about the four members calling a special meeting and if that violates the open meetings. Chairman Carroll replied he did not believe it violates the open meetings act. 4. ADJOURNMENT There being no further business before the Committee, Member Thibodeaux moved to adjourn the meeting. Member Weymouth seconded. Chair Frank Carroll adjourned the meeting at 7:53 p.m. Charter Review Committee Minutes July 6, 2016 City of Colleyville Page 9 APPROVED BY A VOTE OF _____ AYES, _____ NAYS, AND _____ ABSTENTIONS ON THIS THE ________ DAY OF _______________ _____. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF COLLEYVILLE The Charter of the City of Colleyville is hereby amended as follows by adding as new Section 3.01 A: SECTION 3.01A. Limitations on Terms No person shall serve as Mayor for more than two (2) consecutive elected terms, and no person shall serve as a Council Member for more than two (2) consecutive elected terms. Under no circumstances may any person ever serve for more than twelve (12) consecutive years in combination as a Council Member and Mayor. For purposes of this Section 3.01A. and computing the limitations on terms: (1) a Mayor or Council Member, who vacates, for any reason, the office before the end of the term for which he was elected, shall be considered to have completed that term. (2) an appointment or election to fulfill an unexpired Council Member term, or unexpired Mayor term if applicable, shall be computed as follows: (i) if fifty percent (50%) or more of the term is remaining, it shall be included in the computation of term limits; or (ii) if less than fifty percent (50%) of the term is remaining, it shall not be included in the computation of term limits. Any Council Member or Mayor, who is ineligible to run for elected City office due to the limitations on terms as provided herein, shall remain ineligible to hold an elected City ofFice for a period of one (1) full term following the expiration of the most recent term of City office for which he or she was elected with the exception of a Council Member seeking the office of Mayor or the Mayor seeking the office of a Council Member. The term that each person as Mayor or as a Council Member is currently filling, and all terms consecutively served prior to that current term, shall be counted for purposes of determining whether two (2) consecutive terms have been served. This amendment shall become effective immediately upon adoption at the next municipal election, shall apply to all persons currently occupying the Office of Mayor or Council Member, and shall apply to all municipal elections conducted after the date of adoption. 4832-0007-5316.1 PROPOSED AMENDMENT TO SECTION 3.09(C) OF THE CHARTER OF THE CITY OF COLLEYVILLE Section 3.09(C) Quorum and Voting of the Charter of the City of Colleyville is hereby amended as follows to add the italicized provisions: (C) Quorum and Voting. Four (4) voting members of the City Council shall constitute a quorum. Voting, except on procedural motions, and nominations to City Boards, Committees and Commissions shall be by roll call and the "ayes" and nays" shall be recorded in the minutes. The mayor and every City Council Person shall vote on all issues unless there is a declared and recorded statutory conflict of interest. If because of a statutory conflict of interest a member steps down and remains in the Chamber to return after the item is resolved, then a quorum will be considered in attendance even though only three (3) City Council Persons are left to vote. However, no action shall be approved with less than four (4) affirmative votes. If during the course of a meeting a quorum ceases to exist, the meeting shall be deemed adjourned and no further business shall be conducted. The roll call vote may be conducted electronically. (Amended May 7, 2005) 4826-7618-3348.1 ID\CARROLL, WILLIAM - 700500\030927 PROPOSED AMENDMENT � SECTION 7.02 OF THE CHARTER OF THE CITY OF COLLEYVILLE Section 7.02 City Secretary is hereby amended as follows to add the italicized phrase: d. Section 7.02 City Secretary: "The City Manager, with the approval of City Council, shall appoint a qualified individual to fill the position of City Secretary, for an indefinite term. " 4814-8794-9876.1 ID\CARROLL, WILLIAM - 700500\030927 phrase: PROPOSED AMENDMENT TO SECTION 7.03(A) OF THE CHARTER OF THE CITY OF COLLEYVILLE Section 7.03(A) Chief of Police is hereby amended as follows to add the italicized e. Section 7.03(A) Chief of Police: "The Chief of Police shall be appointed by the City Manager, with the approval of City Council, for an indefinite term." 4814-8794-9876.1 ID\CARROLL, WILLIAM - 700500\030927 PROPOSED AMENDMENT TO SECTION 7.04(A) OF THE CHARTER OF THE CITY OF COLLEYVILLE Section 7.04(A) Fire Chief is hereby amended as follows to add the italicized phrase: Section 7.04(A) Fire Chief: "The Fire Chief shall be appointed by the City Manager, with the approval of City Council, for an indefinite term." 4814-8794-9876.1 ID\CARROLL, WILLIAM - 700500\030927 PROPOSED AMENDMENT TO SECTION 7.05 OF THE CHARTER OF THE CITY OF COLLEYVILLE Section 7.05 Department of Public Works is hereby amended as follows to add the italicized phrase: g. Section 7.05 Department of Public Works: "The Director of Public Works shall be appointed by the City Manager, with the approval of City Council, for an indefinite term." 4814-8794-9876.1 iD\CARROLL, WILLIAM - 700500\030927 phrase: PROPOSED AMENDMENT T] SECTION 7.06 OF THE CHARTER OF THE CITY OF COLLEYVILLE Section 7.06 Department of Finance is hereby amended as follows to add the italicized h. Section 7.06 Department of Finance: "There shall be a Department of Finance headed by the City Manager or his appointee, with the approval of City Council, for an indefinite term." 4814-8794-9876.1 1D\CARROLL, WILLIAM - 700500\030927 PROPOSED AMENDMENT TO ARTICLE XIII OF THE CHARTER OF THE CITY OF COLLEYVILLE The Charter of the City of Colleyville is hereby amended by making the following deletion: Article XIII Transitional Provisions is hereby deleted in its entirety. 4814-8794-9876.1 ID\CARROLL, WILLIAM - 700500\030927 PROPOSED AMENDMENT � SECTION 14.02 OF THE CHARTER OF THE CITY OF COLLEYVILLE Section 14.02 (F) Citizen Complaints is hereby amended as follows to add the italicized language: (F) Citizen Complaints. Any citizen of the City may file with the City Secretary a statement of suspected conflict of interest. Such statement of suspected conflict of interest shall be filed within fifteen (15) days of the decision or vote, or if another event giving rise to an asserted violation of paragraph C above, within fifteen (15) days of when the citizen knew or reasonably should have known of the asserted violation, and shall describe the complained of conflict in reasonable detail. The City Council, or its designee, shall respond in writing to a timely filed statement of suspected conflict of interest, and the statement of suspected conflict of interest and response of the City Council shall be maintained in the public records of the City. Section 14.02 Personal Financial Interest is hereby further amended as follows to add Subsections (K) and (L): (K) Financial Disclosure and Business Conflict of Interest Forms shall be provided by candidates for Mayor and City Council and by applicants seeking appointments to the Planning and Zoning Commission or the Zoning Board of Adjustment, and shall file such forms within two (2) business days following the end of the candidate filing period, or if for appointment, within (2) business day following the end of the application period stated in the official City advertisement for application for the position. The city manager and the city manager's senior staff members (including any staff member who is appointed with City Council approval) shall also file the same within thirty (30) days of hiring. All person(s), as outlined above, shall have a duty to file supplemental disclosures annually and within five (5) business days of an occurrence of any change in the information reflected in the forms previously filed by the individual. These forms shall include the following information: (i) The location, size, and current use of all property owned within the portion of Dallas, Denton and Tarrant County north of Interstate 30 and east of Interstate 35W, and that portion of Denton County south of State Highway 114 and east of Interstate 35W, or held in trust by the person(s), as outlined above, their spouse, and any dependent minor children, or any business entity in which the person has a financial interest. (ii) The name and address of any person or corporation which currently has or during the preceding twelve (12) months has had a contractual relationship with the City and from which the person(s), as outlined above, their spouse or dependent minor 4814-8794-9876.1 ID\CARROLL, WILLIAM - 700500\030927 children have received a fee, salary, or gift of a value exceeding one hundred dollars ($100.00). (iii) The name and address of any corporation or business, which currently has or in the preceding twelve (12) months has had a contractual relationship with the City, of which the person(s), as outlined above, their spouse, or any dependent minor children own more than two percent (2%) of the outstanding equity interest or more than two percent (2%) of the assets. (L) The disclosure reporting obligations required by Section 14.02(K) apply to all of the relationships listed in this Section 14.02. 4814-8794-9876.1 ID\CARROLL, WILLIAM - 700500\030927