HomeMy WebLinkAboutColleyville Charter Review Committee-Minutes-7/6/2016
City of Colleyville Page 1
City of Colleyville
Charter Review Committee
MINUTES
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
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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 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE
14TH DAY OF JULY 2016.
Minutes taken and prepared by:
Amy Shelley, TRMC
City Secretary