HomeMy WebLinkAboutCharter_Review_Committee_Agenda_3_16_2021_3843Notice of Meeting for the
Charter Rev iew Committee
of the City of Georgetown
March 16, 2021 at 3:00 P M
at Virtual Meeting
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This is a me eting of the C ouncil appointe d Charte r Re view C ommitte e.
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Regular Agenda
A C all to O rder-Louis e Epstein, C hair
B R eview and approval of the minutes from March 2, 2021 C harter R eview C ommittee- Louise Eps tein,
C hair
C Disc ussion of pos s ible amendment of C ity C harter, S ection 2.02 Q ualific ations - S kye Mas s on, C ity
Attorney
D Disc ussion of pos s ible amendment of C ity C harter, S ection 2.09, R ules of P roc edure - S kye Masson,
C ity Attorney
E Disc uss agenda items for April 6, 2021 Meeting - Louise Eps tein, C hair
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Ce rtificate of Posting
I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that this Notic e of
Meeting was posted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e readily
acc es s ible to the general public as required by law, on the _____ day of _________________, 2021, at
__________, and remained s o posted for at leas t 72 c ontinuous hours prec eding the s cheduled time of said
meeting.
__________________________________
R obyn Dens more, C ity S ec retary
Page 3 of 15
City of Georgetown, Texas
Charter Review Committee
March 16, 2021
S UB J E C T:
R eview and approval of the minutes from Marc h 2, 2021 C harter R eview C ommittee- Louis e Epstein,
C hair
IT E M S UMMARY:
F IN AN C IAL IMPAC T:
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S UB MIT T E D B Y:
AT TAC H ME N T S:
Description Type
Minutes from 3.02.2021 Meeting Backup Material
Page 4 of 15
Minutes of Meeting of the
CHARTER REVIEW COMMITTEE (CRC)
City of Georgetown, Texas
March 02, 2021
The Charter Review Committee met on Tuesday, March 2, 2021 at 3:00 PM via Zoom virtual meeting.
The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If
you require assistance in participating at a public meeting due to a disability, as defined under the ADA,
reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the
City Secretary’s Office, at least three (3) days prior to the scheduled meeting date, at (512) 930-3652 or
City Hall at 808 Martin Luther King Jr Street for additional information; TTY users route through Relay
Texas at 711.
The meeting was held with the Governor’s Order, all City Buildings are following these procedures:
• Masks are recommended
• Physical distancing; 6 feet between you and anyone not in your household
• Practice good hygiene and wash your hands
Committee Members Present: City Staff Present:
John Hesser
Louise Epstein
Bob Glandt
Joseph Burke
Troy Hellman
John Marler
Rick Vasquez
Ben Stewart
Skye Masson, City Attorney
Mayra Cantu, Management Analyst and Board
Liaison
Keith Hutchinson, Communications Manager
Board Members Absent:
Others present:
Legislative Regular Agenda
Skye Masson called the meeting to order at 3:00 p.m.
A. Introduction of Committee Members - Skye Masson, City Attorney
Skye Masson introduced self and asked committee members to introduce themselves.
Louise Epstein was appointed by the Mayor and introduced herself. John Hesser introduced himself and
was appointed by District 3. Joe Burke introduced himself appointed by District 6. Bob Glandt introduced
himself and appointed by District 4. Ben Stewart introduced himself appointed by District 7. John Marler
introduced himself and was appointed by District 2. Troy Hellmann introduced himself and was appointed
by District 5. Rick Vasquez introduced himself and was appointed by District 1.
B. Discussion and possible action to elect a Committee Chairperson and Vice-chairperson - Skye
Masson, City Attorney
Skye Masson explained the role of the Committee chairperson and vice-chairperson and opened the floor
for discussion for any volunteers.
Motion to nominate Louise Epstein as Chair by John Hesser; second by Troy Hellman. Approved 8-0.
Motion to nominate John Hesser as Vice-Chair by Troy Hellman; second by Joe Burke. Approved 8-0.
C. General overview of the City Charter - Skye Masson, City Attorney
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Skye Masson presented a general overview of the City Charter.
D. Review direction from City Council – Skye Masson, City Attorney
Skye Masson reviewed items City Council is recommending the Charter Review potentially amend:
Section 2.01 (Term Limits); Section 2.02 (Qualifications of City Council); Section 2.03 (Vacancies);
Section 2.09 (Rules of Procedure); Section 2.10 (Procedure to Enact Legislation); Section 8.03
(Franchise; power of the City Council).
Louise Epstein asked when a supermajority is required; Skye Masson answered question on when it is
required by the State, our UDC and Charter.
Joe Burke asked how it will look like procedurally as we move forward. Skye Masson recommended as
we move forward we have an agenda item per topic, and review drafted language.
E. Review City Charter Amendment Timeline – Skye Masson, City Attorney
Skye Masson presented timeline for a November 2021 election. Council has stated the election could be
pushed to next year (May 2022), but Council would like the committee to operate as if there will be a
November 2021 election.
John Hesser asked that staff highlight the sections that are inconsistent or in violation with State law to
make it easier for the Committee as they review the City Charter.
F. Review of Open Meetings Act – Skye Masson, City Attorney
Skye Masson briefly reviewed Open Meetings Act. Agenda planning can happen outside of the meetings,
but all work must be conducted during the Charter Review Committee Meetings.
Louise Epstein detailed her experience as an Austin Council Member and talking one on one with other
Councilmembers, and asked if it is allowed. Skye Masson detailed a walking quorum and the risk we can
run in talking about committee work outside of the meetings with other committee members.
John Marler detailed that Attorney General Paxton has said as long as there is not a quorum, right of
assembly prevails up until there is an impression of a walking quorum in which the Open Meetings Act
is invoked.
G. Schedule of Future Meeting – Mayra Cantu, Management Analyst
Mayra Cantu reviewed schedule of future meetings; 1st and 3rd Tuesday of every month starting at 3 PM.
John Marler asked if these recorded meetings can be made available to the committee; staff will work on
sharing the recorded meetings.
Staff will also share the last charter amendment and ballot examples. The last charter vote was in 2003,
and before that was 1996.
Page 6 of 15
Motion to adjourn meeting by Louise Epstein, second by Joe Burke, approved 8-0. Meeting adjourned
at 3:52 pm.
__________________________________ ____________
Louise Epstein Date
Committee Chair
___ _______________________________ ____________
John Hesser Date
Committee Vice Chair
__________________________________ ____________
Mayra Cantu Date
Board Liaison
Page 7 of 15
City of Georgetown, Texas
Charter Review Committee
March 16, 2021
S UB J E C T:
Dis cus s ion of possible amendment of C ity C harter, S ec tion 2.02 Q ualifications - S kye Masson, C ity
Attorney
IT E M S UMMARY:
Current City Charter Language:
S ec . 2.02. - Q ualific ations .
At the time of elec tion to offic e, each C ounc ilmember and the Mayor shall be at leas t twenty-one
(21) years of age, s hall be a citizen and qualified voter of the S tate of Texas and the C ity of
G eorgetown and a res ident of the C ounc il District the member would be representing for a period
of twelve (12) months as of the las t legal date for filing. No member of the C ounc il shall hold any
other office or employment under the C ity G overnment while a member of s aid C ounc il, nor hold
any paid employment under the C ity G overnment within two (2) years thereafter. A member of the
C ounc il c eas ing to reside in the C ity s hall immediately forfeit that offic e.
Conflict with State law:
The Election Code authorizes home rule cities to adopt age and residency requirements greater
than those in state law, but such local provisions cannot require a candidate to be more than 21 on
the first day of the term and cannot require residency in the District for longer than 12 months
immediately preceding election day. Otherwise, the local provision is void, and the applicable
statute would apply.
The current Charter language requires a candidate to be 21 at the time of election, which in turn
requires the candidate to be greater than 21 years on the first day of the term (as the term will
always commence after the election). Similarly, the current Charter requires a candidate to be a
resident of the District for 12 months prior to the filing deadline, which in turn requires the
candidate to be a resident for 15 months preceding election day (as the filing deadline is 3 months
before election day). Therefore, the Charter’s age and residency requirements are both void and
the requirements of state law apply.
Options to consider:
If the C harter language does not add any additional time for either age or residency will simply default to
the requirements of the Elec tion C ode:
· C andidates mus t be 18 years of age on the firs t day of the term to be filled
· C andidates mus t have been a res ident of the District (or C ity for Mayor) for the 6 months
immediately preceding the filing deadline.
Alternatively, the C harter language c ould be amended to provide at most that:
· C andidates mus t be 21 years of age on the firs t day of the term to be filled
· C andidates mus t have been resident of the Dis tric t (or C ity for Mayor) for 12 months
prec eding elec tion day.
F IN AN C IAL IMPAC T:
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AT TAC H ME N T S:
Description Type
Sec.2.02 Qualification Examples of other City Charters Backup Material
Page 9 of 15
Item C. “Qualifications”
Sample Municipal Charter Language
San Marcos
Sec. 3.02. - Qualifications.
(a) Each member of the city council, in addition to having other qualifications prescribed by law:
(1) Shall be a qualified voter of the city;
(2) Shall have had his or her principal physical residence for at least one year preceding the
election within the corporate limits of San Marcos and shall maintain his or her principal
physical residence within the corporate limits of San Marcos throughout his or her term of office;
for purposes of this subsection, a person must meet all of the following to meet the requirement
for a "principal physical residence" in the city:
(A) The person must use the residence address for voter registration, current driver's license or
Texas identification card;
(B) The person must use the residence address as the person's home address on documents such
as employment records, resumes, business cards, government forms and loan applications;
(C) The person must not claim a homestead exemption on any property other than the residence;
(3) Shall not hold any other office or employment under the city government while a member of
the council, except a member of the city council may be appointed by the city council to
represent the council on any board, commission, committee, organization or entity in the
council's sole discretion so long as that person's service does not extend beyond the person's
council term;
(4) Shall not be an officer or director of any public service company within the city, or outside
the city but serving inhabitants of the city, nor be the owner or proprietor of any public service
company in the city. "Public service company" is defined as any company, individual,
partnership, corporation or other entity recognized by law that uses any of the city's streets,
alleys, highways or other public property to carry out its principal purposes, including but not
limited to water, wastewater, gas, electricity and, telecommunications utilities, commercial
railway or street railway services, public transit services, solid waste collection, and vehicles for
hire.
(5) Shall not have a financial interest in the sale to the city of any land, materials, supplies or
service, outside of the person's position with the city.
(6) Shall remain current on all financial obligations to the city relating to the duties of the council
member.
(b) The city council shall determine that the qualifications of its own members are continually
met. If the council determines that any member of the council has ceased to possess any of these
qualifications or has been convicted of a felony, that member shall immediately forfeit office.
Houston
Section 4. - Qualifications for Elected Officers.
To serve as Mayor, City Controller or Council Member, a person must be a qualified voter and
resident of the City; additionally, a District Council Member must reside in the City Council
District from which the member was elected at all times during the member's term of office. To
Page 10 of 15
file for office as Mayor, City Controller or At-Large Council Member, a person must be a
qualified voter of the City who has resided in the City for 12 months immediately preceding the
election day. To file for office as a District Council Member, a person must be a qualified voter
of the City who has resided in the territory encompassed by the City Council District to be
served for 12 months immediately preceding the election day. As provided by applicable state
law, residence in areas annexed into the City shall be considered as residence in the City for
purposes of this section. The City Council shall be the judge of the election and qualifications of
Council Members, subject to review by the courts in case of contest. (Added by amendment
August 11, 1979, November 2, 1999)
Richardson
Section 4.04. - Qualifications.
Each member of the city council shall, in addition to the other qualifications prescribed by law,
be on the date of the election a qualified voter, a resident of the city for one (1) year prior to the
date of election, and at least twenty-one (21) years of age.
Sugar Land
Sec. 2.02. - Qualifications.
Members of the city council shall be twenty-one (21) years of age or older and city residents for
at least a one (1) year preceding their election. A district council member shall during the term of
office maintain a residence in the district to which elected. The city secretary shall verify such
residency by viewing a valid Texas Driver's License or Texas Identification Card and a current
Voter Registration Card. No member of council shall hold any other city office or city
employment while serving as a member of council or hold any paid city employment within two
(2) years thereafter.
Pflugerville
Section 5.02. Filing for Office.
(a) Eligibility: A candidate for elective city office shall be a registered voter of the city who for
at least twelve months prior to the election has resided within the corporate limits of the city,
including territory annexed prior to the filing deadline.
(b) Limitations: No candidate may file for more than one office or council place at the same
election. A city employee seeking city elective office is deemed to have resigned from city
employment immediately upon filing for a place on the ballot.
Leander
Section 3.02. Qualifications.
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The mayor and councilmembers shall, on the day prior to the date of the scheduled election to be
held for such office, be citizens of the United States; qualified voters of the city; residents of the
city, or an area having been annexed into the city, for at least twelve (12) consecutive months
immediately prior to the date of the election; be twenty-one (21) years of age or older; and not be
delinquent on any indebtedness to the city. No city employee shall be eligible to file for the
office of mayor or councilmember and no member of the city council shall hold any other
elective public office. If any member of the council ceases to possess any of the qualifications of
office, or shall be finally convicted of a crime involving moral turpitude, his/her office shall,
upon such fact being determined by the council, immediately become vacant; provided that if the
residence of a member of council is disannexed, the member shall serve the remainder of his or
her term of office.
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City of Georgetown, Texas
Charter Review Committee
March 16, 2021
S UB J E C T:
Dis cus s ion of possible amendment of C ity C harter, S ec tion 2.09, R ules of P rocedure - S kye Mas s on,
C ity Attorney
IT E M S UMMARY:
S ec . 2.09. – R ules of P rocedure.
T he C o uncil s hall b y o rd inance d etermine its o wn rules and order of b usines s . T he Mayor and a
majority o f the members o f C ounc il s hall cons titute a quo rum, and in the Mayor's ab s enc e, a
majority p lus o ne of the members of C o uncil shall c o nstitute a quorum. Legislation may no t be
enacted unles s it is adopted b y a vote o f no t less than a majority of the memb ers of the C ounc il.
S hould the C ounc il b e red uc ed to les s than a majo rity p lus one o f the memb ers o f C o unc il by
death, resignatio n, nonres id enc e or for any o ther reas on, the remaining members of the C ouncil
shall c onstitute a quorum for the purpose of filling vac anc ies . S hould the C ouncil be reduced to
less than a majority p lus o ne o f the members o f C ounc il by death, resignatio n, no nres idence, or for
any other reason, the remaining members of the C ouncil shall cons titute a quorum for the purpose
of filling vacancies and fo r the p urpose of taking an emergency actio n to p ro tec t the life, health,
safety, property and welfare of the pub lic. S uc h emergency ac tion s hall take effec t only upon the
unanimous approval o f the then remaining members of the C ounc il. T he C o uncil may ad o p t s uc h
rules , and p res c ribe such penalties as it may see fit to enfo rc e the attendanc e of its members at all
regular and called meetings o f the C o uncil or its committees. Minutes o f all meetings of the C ouncil
shall be taken and rec o rd ed in the form and manner req uired b y state law, and such minutes s hall
c onstitute a public record.
Ambiguous language:
The language highlighted above provides that legislation may not be enacted unless it is adopted
by a vote of not less than a majority of the Council. Because this language does not specify
whether the vote is a majority of all members of the Council or a majority of members of the
Council present at a meeting.
Options to consider:
T he q uestio n presented is whether or no t ordinanc es and res o lutio ns c an be approved b y les s than a
majority o f memb ers of a C ouncil. If it is only a majority of those p res ent is req uired, o rd inances c o uld be
approved by as few as three members of the C ouncil.
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Description Type
Sec.2.09 Examples of other City Charters Backup Material
Page 13 of 15
Item D. “Rules of Procedure”
Sample Municipal Charter Language
San Marcos
Sec. 3.10. - Rules of procedure.
The city council shall determine by ordinance its own rules of procedure and order of business.
Four or more council members shall constitute a quorum, but no action of the council shall be of
any force or effect unless it is adopted by the favorable votes of four or more of the council
members. Minutes of all meetings of the council, including the vote of "ayes" and "noes" upon
the passage of all ordinances and resolutions, shall be taken and recorded, and such minutes shall
constitute a permanent record to which any citizen may have access at all reasonable times.
Richardson
Section 3.12. - Voting and rules of procedure.
The yes and no votes shall be taken on the passage of all ordinances or resolutions and entered in
the minutes of the proceedings of the council, and every ordinance or resolution shall require for
final passage the affirmative vote of a majority of the members of the council present. No
member of the council shall be excused from voting except on matters involving the
consideration of such member's own official conduct, or where such member's financial interests
are involved, unless otherwise required by law. The council shall determine its own rules of
procedure, may punish members of the council for misconduct, and may compel the attendance
of absent members of the council.
El Paso
Section 3.5 - CITY COUNCIL PROCEDURES AND RULES.
A. Meetings. Regular meetings of the Council shall be held in Council chambers no less than
once every other week at such times as may be prescribed by resolution. Special meetings and
informal work sessions of the Council shall be called by the Mayor or a majority of the entire
Council by giving written notice to the City Clerk. All meetings of the Council and of any
committees thereof shall be held as permitted by the Texas Open Meetings Act.
B. Parliamentary Procedure. At the beginning of each term the Council shall adopt rules of order,
and should the Council fail to do this, then Roberts Rules of Order, Revised, shall control until
such time as the Council adopts some other rules of order. In any event, copies of rules of order
employed by the Council shall be available, in the office of the City Clerk, for examination by
interested persons. The Mayor, with the advice and consent of the Representatives, shall
designate a Municipal Parliamentarian and Alternate Municipal Parliamentarians, but no
members of the Council may hold those offices. The Council must keep minutes of its open
proceedings, and these shall be a public record. It shall also have power to compel the attendance
of absent members and, by the favorable vote of a majority of the entire Council, may expel a
member from a Council meeting for disorderly conduct or serious violation of its rules and may
order that member to be physically removed from the meeting.
C. Quorum. Except as otherwise provided in this Charter, a quorum to do business shall consist
in more than one-half of the number of members of the Council, including the Mayor; provided,
Page 14 of 15
however, that a lesser number may adjourn until a specific time and compel the attendance of
absent members, in the manner prescribed by ordinance.
D. Voting. No action of the Council, except as otherwise provided in this Charter, shall be valid
or binding unless adopted by the affirmative vote of a majority of the members present and
voting. Ordinances or resolutions that impose taxes, grant franchises or leases, or authorize
conveyances shall not be valid unless adopted by a majority of the entire Council.
E. Veto. Ordinances and resolutions finally adopted by the Council shall be filed in the office of
the City Clerk and signed by the Mayor before they take effect. If the Mayor vetoes the
ordinance or resolution, reasons shall be set forth by the Mayor in writing, and the ordinance or
resolution with those reasons shall be returned to the Council. However, the Mayor shall not
have any veto power over any City Council action which removes the City Manager or the City
Attorney. To override the Mayor's veto, three fourths of all of the Representatives must vote in
favor of the returned ordinance or resolution, in which event the adopted ordinance or resolution
shall become law. If the Mayor shall either fail to approve or object in writing to any adopted
ordinance or resolution within five days after it has been filed with the City Clerk, exclusive of
the day of filing, it shall become law.
Austin
§ 13. - RULES OF PROCEDURE.
The council shall by ordinance determine its own rules and order of business. A majority of the
whole council shall constitute a quorum, and no action of the council shall be of any force or
effect unless it is adopted by the favorable votes of a majority of the whole council. Minutes of
all meetings of the council shall be taken and recorded, and such minutes shall constitute a public
record.
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