HomeMy WebLinkAbout06/15/2011 - Regular Minutes - Citizens Charter Review CommissionMINUTES OF THE CITIZENS' CHARTER REVIEW COMMISSION
JUNE 15, 2011
STATE OF TEXAS §
COUNTY OF BRAZOS §
Present:
Brian Bochner
Terry Childers
Chuck Ellison
Patrick Gendron
Paul Greer
Gary Halter
Tony Jones
Lynn Mcllhaney
Buck Prewitt
City Staff:
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
1. Call to Order and Announce a Quorum is Present
With a quorum present, the Citizens' Charter Review Commission was called to order by Chair
Lynn Mcllhaney at 4:00 p.m. on Wednesday, June 15, 2011 in the City Council Chambers of the
City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
2. Hear Visitors
There were no citizen comments.
3. Presentation discussion and possible action on minutes for June 1, 2011 Regular
Meeting.
MOTION: Upon a motion made by Commissioner Halter and a second by Commissioner
Prewitt, the Commission voted nine (9) for and none (0) opposed, to approve the June 1, 2011
Regular Meeting minutes. The motion carried unanimously.
4. Presentation discussion and possible action on the proposed ballot language for gende r
neutrality in the Charter.
Carla Robinson, City Attorney, presented draft language and requested direction. The draft
language was:
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Section 13 1. Whenever used in this Charter, a word referring to the masculine gender only shall
extend and be applied to females, and where applicable, to firms, partnerships and corporations,
unless otherwise expressly provided in this Charter.
Ballot Language: Proposition No. . Shall the College Station language be amended to make
the Charter language gender neutral and by adding a new section 131 to provide that Charter
language referring to the masculine gender only shall extend and be applied to females, and
where applicable, to firms, partnerships and corporations, unless otherwise expressly provided?
The Commission directed staff to bring this back to the Commission with the redline changes
when ready.
5. Presentation, discussion and possible action reaardine peer city comparisons reaardinE an ethics
policy, nepotism and conflicts of interest.
Carla Robinson, City Attorney, noted that Section 117 already refers to nepotism and compares
with some of our peer cities. Our Charter does not conflict with state law. The question was
asked if we wish to apply the nepotism rule to unpaid appointees to citizen boards and
commissions.
MOTION: Upon a motion made by Commissioner Halter and a second by Commissioner
Greer, the Commission voted none (9) for and none (0) opposed, to add "or employed" to the
body of Section 117 to match the heading. The motion carried unanimously.
The City Attorney also noted that the ethics policy is found in a Council policy. In reviewing
peer cities, the trend is not to provide for an ethics policy in the City Charter. This will come
back to the Commission in September.
6. Presentation discussion and possible action on Article 1 Incorporation: Form of Government:
Territory, within the City Charter.
Carla Robinson, City Attorney, reported that there are no conflicts with State law in this Article
and recommends no change.
7. Presentation discussion and possible action on Article 2 Corporate and General Powers within
the City Charter.
Carla Robinson, City Attorney, stated that she reviewed the Article for any language that might
be inconsistent with State law. She is still researching the language referencing the railroad
corporation in Section 8 Eminent Domain.
In Section 7 Extension of City Limits by the City Council, she recommends adding "in
accordance with applicable state annexation laws" in the first and second sentence of the section.
MOTION: Upon a motion made by Commissioner Ellison and a second by Commissioner
Halter, the Commission voted eight (8) for and one (1) opposed, with Commissioner Gendron
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voting against, to add the language proposed by the City Attorney for Section 7. The motion
carried.
Staff was directed to remove the language referencing the railroad corporation in Section 8,
pending her further research.
8. Presentation, discussion and possible action on Article 3, The City Council, within the City_
Charter.
Carla Robinson, City Attorney, raised an issue in Section 18. She said we may by Charter set the
minimum age at 21. Section 21 Vacancies is inconsistent with state law. She recommended
removing the inconsistent language and replacing it with "in accordance with state law ".
Commissioner Halter recommended changing the terms of office to two years. As for term
limits, he believes that is what elections are for. He recommends we eliminate term limits.
Commissioner Bochner suggested four year terms because they would increase continuity and
reduce election costs if elections are held every two years. There was also discussion about
impacts on city elections that could result from state legislation that is pending the governor's
signature. Lengths of terms will be discussed further in subsequent meetings.
Commission consensus was to not consider single- member districts or compensation. Regarding
placement of items on the agenda, consensus was to not include that in the charter.
Commissioner Childers asked about the term "inquiry" in Section 24, He also had concerns
regarding the language in Section 26 and wants to strengthen the Council - Manager form of
government. Staff will research and report back.
Commissioner Ellison had questions related to Sections 24 and 25. Staff will research and report
back. He also asked that residency requirements be consistent for all appointed officers.
Commissioner Prewitt asked about the majority requirement for Councilmembers to call a
Special Meeting.
9. Presentation discussion and possible action on Article 9 Nominations and Elections within the
City Charter.
This item was postponed to the next meeting.
10. Presentation, discussion and possible action on the attached PIan of Work, any items. on the
Plan of work., and possible criteria to be used in order to add items to the Plan of Work
This item was not discussed.
11. Discussion and possible action on future agenda items.
This item was not discussed.
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12. Adjournment
MOTION: Upon a motion made by Commissioner Jones and a second by Commissioner
Prewitt, the Commission voted eight (8) for and none (0) opposed, with Commissioner Halter
having left early, to adjourn the Regular Meeting of the Citizens Charter Review Advisory
Commission at 6:42 p.m. on Wednesday, June 15, 2011. The motion carried unanimously.
Chai
ATTEST:
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City Secret
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