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HomeMy WebLinkAboutCharter_Review_Committee_Agenda_6_1_2021_3913Notice of Meeting for the Charter Rev iew Committee of the City of Georgetown June 1, 2021 at 3:00 P M at Virtual T he C ity of G eorgeto wn is c ommitted to c ompliance with the Americans with Dis ab ilities Ac t (ADA). If yo u require as s istance in particip ating at a p ublic meeting due to a disability, as defined under the ADA, reas onable assis tanc e, adaptations, o r ac c ommo d ations will b e provid ed upon req uest. P lease co ntac t the C ity S ec retary's O ffic e, at leas t three (3) days prio r to the s c hed uled meeting d ate, at (512) 930-3652 or C ity Hall at 808 Martin Luther King Jr. S treet, G eo rgetown, T X 78626 for ad d itional informatio n; T T Y us ers route through R elay Texas at 711. This is a meeting of the C ounc il appointed Charte r Re view C ommittee . C onsistent with Gove rnor Gre g Abbott’s suspe nsion of various provisions of the O pen M e eti ngs Ac t, e ffec tive A ugust 1, 2020 and until further notice , to r educe the chance of C O V I D -19 transmission, all C ity of Ge or ge town A dvisory B oar d me eti ngs will be held virtually. P ubli c c omment will be allowe d via telec onfer enc e; no one will be allowe d to appe ar in pe rson. 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Regular Agenda A C all to o rder - Lo uise Epstein, C hair B R eview and appro val o f the minutes from May 18, 2021 C harter R eview C ommittee - Louise Eps tein, C hair C R eview and dis c us s C ity C ouncil input from May 25, 2021 Wo rks hop regarding C ommittee rec o mmendations to d ate —S kye Masson, C ity Attorney D Dis c us sio n of p os sib le amendment o f C ity C harter, Article V – Ad ministrative O rganizatio n – David Morgan, C ity Manager E Dis c us sio n of p os sib le amendment o f C ity C harter, S ectio n 6 – Budget Amendments – David Morgan, C ity Manager F Dis c us sio n of final rep ort to C ouncil for June 8, 2021– Lo uise Eps tein, C hair Ce rtificate of Posting I, R ob yn Densmo re, C ity S ec retary for the C ity of G eo rgetown, Texas, d o hereby certify that this Notice of Meeting was po sted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e read ily acc ess ible to the general pub lic as req uired by law, on the _____ day of _________________, 2021, at __________, and remained so posted for at least 72 c ontinuous hours preceding the s cheduled time of s aid meeting. __________________________________ R o b yn Dens more, C ity S ecretary Page 2 of 45 City of Georgetown, Texas Charter Review Committee June 1, 2021 S UB J E C T: C all to order - Lo uis e Ep s tein, C hair IT E M S UMMARY: F IN AN C IAL IMPAC T: NA S UB MIT T E D B Y: Page 3 of 45 City of Georgetown, Texas Charter Review Committee June 1, 2021 S UB J E C T: R eview and ap p ro val o f the minutes fro m May 18, 2021 C harter R eview C ommittee - Louis e Epstein, C hair IT E M S UMMARY: F IN AN C IAL IMPAC T: NA S UB MIT T E D B Y: Mayra C antu, As s is tant to the C ity Manager AT TAC H ME N T S: D escription Type Minutes from 5.18.2021 Exhibit Page 4 of 45 Minutes of Meeting of the CHARTER REVIEW COMMITTEE (CRC) City of Georgetown, Texas May 18, 2021 The Charter Review Committee met on Tuesday, May 18, 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 John Marler (joined at 3:06 PM) Skye Masson, City Attorney Mayra Cantu, Management Analyst and Board Liaison Caroline Stewart, Assistant City Attorney Rachel Saucier, Executive Assistant Board Members Absent: John Hesser Others present: Christopher De Los Santos, Williamson County Sun, Reporter Legislative Regular Agenda Louise Epstein called the meeting to order at 3:01 p.m. A. Review and approval of the minutes from April 20, 2021 Charter Review Committee - Louise Epstein, Chair Chair would like change made to Committee recommended update to comply with State law on age and residency requirement and reduce restriction on subsequent City employee from two years to one years. Section F: include Option A text from agenda Motion to approve by John Marler; Second by Bob Glandt with amended changes. Approved 7-0. (Epstein, Stewart, Glandt, Vazquez, Marler, Hellman, Burke) B. Review and approval of the minutes from May 4, 2021 Charter Review Committee - Louise Epstein, Chair Section B – change to “Committee discussed adding language to include “present and voting”. Section B – Discussion around absences and voting procedures around recording votes, particularly on important Page 5 of 45 items that may need a full council. to “on items that need a full council” Section C –Ordinances will require 2 readings, but only the first reading will need the caption read. The second reading can go on consent agenda or could be pulled to legislative if needed. Motion to approve by John Marler; Second by Joseph Burke with amended changes. Approved 7-0. (Epstein, Stewart, Glandt, Vazquez, Marler, Hellman, Burke) C. Discussion of possible amendment of City Charter, Section 2.09. – Rules of Procedure related to voting requirements– Skye Masson, City Attorney Skye Masson introduced item and issues with it. Recommended changes to proposed language: Sec. 2.09. - Rules of procedure. The Mayor and a majority of the members of Council shall constitute a quorum. In the Mayor's absence a majority of the Council members plus one shall constitute a quorum. Remove double period Motion to approve proposed language with changes by Joe Burke; Second by John Marler. Approved 7- 0. (Epstein, Stewart, Glandt, Vazquez, Marler, Hellman, Burke) D. Discussion of possible amendment of City Charter, Section 2.10. – Procedure to enact legislation – Skye Masson, City Attorney Skye Masson introduced item and proposed language and its adherence to state law. Proposed language and recommended changes: Sec. 2.10. - Procedure to enact legislation. The Council shall legislate by ordinance, and the enacting clause of every ordinance shall be: "Be it ordained by the City Council of the City of Georgetown." The City Attorney shall approve all ordinances adopted by the Council, as to the legality thereof, or shall file with the City Secretary written legal objections thereto. Evidence of approval of an ordinance by the City Attorney may be by notation on the ordinance itself, or by separate paper or instrument. Every ordinance enacted by the Council shall be signed by the Mayor, Mayor Pro Tem, or by two (2) Councilmembers and shall be filed with and recorded by the City Secretary. An ordinance shall not be adopted until it has been considered and favorably acted on by the Council at two (2) separate council meetings. The caption of a proposed ordinance shall be read once in full at a council meeting prior to its adoption by the Council and shall be posted on the City of Georgetown’s primary Internet webpage or the City of Georgetown’s primary contemporary means of information sharing system that is maintained as part of the City of Georgetown official records. The City Council may require a full reading of the proposed ordinance prior to adoption by a vote of the majority of the Councilmembers present at the meeting. All ordinances, unless otherwise provided by law or by the terms of such ordinance, shall take effect immediately upon final passage thereof. The requirements for reading ordinances on two separate days may be dispensed with where an ordinance relating to the immediate preservation of the public peace, health, safety or welfare is adopted by the favorable vote of not less than a majority plus one or more of all the Councilmembers qualified and serving, and contains a statement of the nature of the emergency. Page 6 of 45 Discussion around word choice of “City of Georgetown’s primary Internet webpage” and where the information would reside on the website. Staff mentioned this wording is derived from the State. Discussion around the wording for “all the Councilmembers qualified and serving” Motion to approve proposed language with changes by Joe Burke; Second by Louise Epstein. Approved 7-0. (Epstein, Stewart, Glandt, Vasquez, Marler, Hellman, Burke) E. Discussion of possible amendment of City Charter, Section 8.03. - Franchise; power of the City Council – Skye Masson, City Attorney Skye Masson introduced item and the proposed language given direction from the committee. Sec. 8.03. - Franchise; power of the City Council. The City Council shall have the power by ordinance to grant, amend, renew and extend, all franchises of all public utilities of every character operating within the City of Georgetown. All ordinances granting, amending, renewing, or extending franchises for public utilities shall be read at two (2) separate regular meetings of the City Council, and shall not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until thirty (30) days after its final passage; and pending such time, the full text of such ordinances shall be posted on the City of Georgetown’s primary Internet webpage or the City of Georgetown’s contemporary means of publication that is maintained as part of the City of Georgetown official records. No public utility franchise shall be granted for a term of more than twenty (20) years; no public utility franchise shall be transferable except with the approval of the City Council expressed by ordinance. Motion to approve proposed language with changes by Rick Vasquez, Second by Louise Epstein. Approved 7-0. (Epstein, Stewart, Glandt, Vasquez, Marler, Hellman, Burke) F. Discussion of possible amendment of City Charter, Section 3.01. – General elections – Skye Masson, City Attorney Skye Masson introduced item and discussion had previously on elections in May. Committee discussed how we can increase participation in elections, and whether that should be done by changing the timing from May to November. Committee asked legal for requirements on when elections are held. Skye Masson provided background on election timings and legal requirements. Committee discussed the need for the City to increase education around voting and promoting measures to increase engagement in civic duties. G. Review of Committee recommendations so far and summary presentation to City Council - Skye Masson, City Attorney Skye Masson introduced item and went through the presentation for committee to review and suggest edits. Suggested edits to slides: Add vote count to the recommended items Sec. 2.02 add reference to TML p. 29 Sec. 2.03 include council-appointed vacancy Sec. 2.10 city-controlled and update to reflect update from today’s vote Page 7 of 45 Sec. 8.03 Modify to the method of publication requirement Article IV. 250 “signatures” Article VI. “Change easy to find” to “easily accessible to the public” H. Discussion of future meetings and agenda items for June 1, 2021 and additional charter amendments for consideration at a future meeting – Louise Epstein, Chair Staff explained next steps; Council will review the committees work done to date at the June 25th Council Workshop. Motion to adjourn meeting by Glandt, second by Burke, approved 6-0. Meeting adjourned at 5:15 pm. __________________________________ ____________ Louise Epstein Date Committee Chair ___ _______________________________ ____________ John Hesser Date Committee Vice Chair __________________________________ ____________ Mayra Cantu Date Board Liaison Page 8 of 45 City of Georgetown, Texas Charter Review Committee June 1, 2021 S UB J E C T: R eview and d is c us s C ity C o uncil input fro m May 25, 2021 Works hop regard ing C ommittee recommend atio ns to d ate—S kye Mas s o n, C ity Atto rney IT E M S UMMARY: F IN AN C IAL IMPAC T: NA S UB MIT T E D B Y: Mayra C antu, As s is tant to the C ity Manager AT TAC H ME N T S: D escription Type Council Pres entation CRC Recommendations 5.25.21 Pres entation Council Feedback 5.25.21 Exhibit Page 9 of 45 Skye Masson, City Attorney May 25, 2021 2021 Charter Review Update Page 10 of 45 Overview •Review Recommendations to date from Charter Review Committee •Review other possible topics from the Committee to consider •Review timeline options •Council Direction on next steps Page 11 of 45 Update on Charter Review Committee Recommendations •The Committee has met 6 times this spring and considered revisions to 11 sections of the City Charter. Page 12 of 45 Section 2.01. –Number, Selection, and Term of Office Recommend having Councilmembers serve (3) 3-year terms for a total lifetime limit of 9 years as a Councilmember, and as Mayor for (3) 3-year terms for a total lifetime limit of 9 years as Mayor. •Passed 5-3 Currently the Charter has no restriction on terms for either Councilmembers or the Mayor. Page 13 of 45 Section 2.02. –Qualifications Recommend update to comply with State law and reduce restriction on subsequent City employment from two years to one year as referenced in the TML City Charter report. •Passed 8-0 Relevant State law allows home rules cities to adopt age and residence 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 or the City for longer than 12 months immediately preceding election day.Otherwise, the local provision is void, and the applicable statute would apply. Page 14 of 45 Section 2.03. –Vacancies Recommend filling vacancy of terms with less than 12 months remaining by Council appointment and without special election. •Passed 8-0 State law generally requires vacancies be filled by a special election, but a home-rule city can establish alternative if less than 12 months remain in the term. Page 15 of 45 Section 2.06. –Mayor and Mayor Pro Tem Recommend that the Mayor vote on all items considered by the City Council. •Passed 5-3 Current Charter language allows the Mayor to vote only when there is a tie. Page 16 of 45 Section 2.09. –Rules of Procedure Recommend that all items require an affirmative vote of a majority of the Council present and voting. •Passed 7-0 Current language is potentially unclear of whether the majority requirement applies to entire Council including the mayor and those members not present. Page 17 of 45 Section, 2.10. –Procedure to Enact Legislation Recommendations include: •Two readings required, but only one reading of the caption. •Notice of ordinances no longer published in newspaper instead require notice on City primary webpage or whatever is the primary City controlled contemporary means of information sharing. •Remove filing requirement in City Secretary's Office. •Passed 7-0 Current Language requires reading of caption twice, publication of caption at least 72 hours prior to first reading, and filing of ordinance in City Secretary office one week prior. Page 18 of 45 Section 8.03. –Franchise; power of the City Council Recommend modifying publication requirement for franchise agreement and requiring posting on City’s primary Internet webpage. •Passed 7-0 Current charter language requires publication of all proposed franchise agreements for four weeks in between first and second reading. Page 19 of 45 Article IV. –Initiative, Referendum and Recall Recommend amending petition requirements for initiative, referendum and recall to specify that it requires signature of 15% of the voters who actually voted in the last municipal general election, but not less than 250 signatures. •Passed 5-2 Current language requires 15% of the qualified voters in the last regular municipal election, but not less than 250 signatures. Page 20 of 45 Article VI. –Finance No recommended changes but encourage continued efforts on transparency and making information easily accessible for the public. Page 21 of 45 City Auditor Recommend City Council consider creation of an internal City Auditor position reporting to the City Manager. •Passed 5-1 This change does not require an amendment to the City Charter. Page 22 of 45 Section 3.01 General election No recommended changes to the Charter regarding date of general election for City councilmembers or mayor. Page 23 of 45 Further Charter Sections for Review Article V Administrative Organization •Consider update and revision to language related to administrative divisions and departments and other administrative organizational provisions (City Manager's office) Section 6.04 Budget Amendments •Consider update and revision to language governing budget amendments Page 24 of 45 Charter Election Timeline For November 2021 Election: •June 22, 2021 Presentation of final report from Charter Review Committee •June 22 and July 13, 2021 Public Hearings on proposed amendments •July 27, 2021 Deadline for First Reading of the Ordinance for Charter Amendment Election For May 2022 Election: •Summer 2021 Presentation of final report from Charter Review Committee •Fall/Winter 2021 Public Hearings/Input on proposed amendments •January 25, 2022 Deadline for the First Reading of the Ordinance for Charter Amendment Election Page 25 of 45 Council Direction Any feedback on the recommendations from the Charter Review Committee thus far? Would Council like the Charter Review Committee to review additional Charter sections? •Budget amendment •Administrative divisions Which election timeline does Council prefer? Page 26 of 45 Questions? Page 27 of 45 Council Present: Mayor Schroeder, Amanda Parr, Shawn Hood, Kevin Pitts, Steve Fought, Mike Triggs, and Tommy Gonzalez Council Absent: Rachael Jonrowe Section 2.01 – Number, Selection, and Term of Office – Charter Review Doesn’t Need to Review this one Again • Fought/Triggs – reworded to 2 separate items to clarify 9 years for council member and 9 years for Mayor • Pitts/Hood/Parr/Gonzalez – Recommends taking out lifetime restriction; and maybe add a clause of sitting out for ~ 3 years (current language restricts pool for appointments) o Possibly add consecutive instead of lifetime • Allow the voters to make their decision at the ballot box • Direction o In Favor – Parr o Neutral – Triggs, Fought, Pitts, Hood, Gonzalez Section 2.02 – Qualifications • Direction o In Favor – Parr, Hood, Pitts, Fought, Triggs, and Gonzalez Section 2.03 – Vacancies • Clarify Mayor nominates/appoints and Council approves, currently it is recommended council majority • Gonzalez – shorten to 10 days and council votes in next meeting o Mayor agrees • Spell out nominating process/appointment process o Possible interview process during executive session  Mayor leave this out of charter, but create a policy instead • Direction o In Favor – Triggs, Fought, Pitts, Hood, Parr, Gonzalez Section 2.06 – Mayor and Pro Tem • Mayor does not believe the Mayor should have a vote o Takes away objectivity and reduces effectiveness of moderation • Direction o Opposed – Fought, Pitts, Hood, Parr, Gonzalez, Triggs Section 2.09 – Rules of Procedure • Gonzalez – clarify that majority does not include the Mayor • Direction o In Favor – All present Section 2.10 – Procedure to Enact Legislation Page 28 of 45 • Parr – possibly changing or amending an ordinance that clarifies what 2nd reading is allowed to go to consent; unanimous and no changes in 2nd • Direction o In Favor – Parr, Hood, Pitts, Fought, Triggs, Gonzalez Section 8.03 – Franchise Agreements • Direction o In Favor – All present Article IV – Initiative, Referendum and Recall • Fought – this sets the bar too low and can open us to add anything on the ballot; needs to be higher bar o Leave at current level or raise to a higher signature count • Gonzalez – 40% of the vote from that district in the last election (recall) • Staff: When was the 250-number set? • Direction o Opposed – Fought, Pitts, Gonzalez, Hood, Triggs, and Parr  Leave as is City Auditor • Triggs – this position, if hired, should report to Council and not the City Manager • Direction o In favor of taking the recommendation, but not adding to the charter o Staff: Maybe bring a workshop item back to Council on this Further Sections for Review • Article V – Administrative Organization o Direction-Have committee review • Section 6.04 – Budget Amendments o Direction-Have committee review Timeline • Final report to Council – first meeting in June • June 22nd and July 13th – Public hearings and proposed amendments • November Election Page 29 of 45 City of Georgetown, Texas Charter Review Committee June 1, 2021 S UB J E C T: Dis cus s io n of p o s s ib le amend ment of C ity C harter, Article V – Ad ministrative O rganizatio n – David Morgan, C ity Manager IT E M S UMMARY: F IN AN C IAL IMPAC T: NA S UB MIT T E D B Y: Mayra C antu, As s is tant to the C ity Manager AT TAC H ME N T S: D escription Type Staff Propos ed - Article 5 Redline Exhibit Staff Propos ed - Article 5 Clean Exhibit Page 30 of 45 • Sec. 5.03. - Administrative divisions and departments. There shall be such divisions and departments as are established by this Charter and as may be established by ordinance, all of which shall be under the control and direction of the City Manager. The Council City Manager may abolish or combine one (1) or more divisionsdepartments or departments created by it, and may assign or transfer duties of any divisions departments or departments of the City from one division department or department to another by ordinance. • Sec. 5.04. - Directors of divisionsdepartments. At the head of each division department there shall be a director who shall be appointed, and who may be removed, by the City Manager. Such directors shall have supervision and control over their respective divisionsdepartments, and may head any departments within a division. Two (2) or more departments may be headed by the same individual, and the City Manager may temporarily head one (1) or more divisionsdepartments. • Sec. 5.05. - Divisional and departmental organization.Reserved The work of each division shall be distributed among such departments as may be established by ordinance. Pending passage of ordinances establishing departments or divisions, the City Manager may establish temporary departments. Page 31 of 45 • Sec. 5.03. - Administrative departments. There shall be such departments as are established by this Charter and as may be established by ordinance, all of which shall be under the control and direction of the City Manager. The City Manager may abolish or combine one (1) or more departments created, and may assign or transfer duties of any departments of the City from one department to another by ordinance. • Sec. 5.04. - Directors of departments. At the head of each department there shall be a director who shall be appointed, and who may be removed, by the City Manager. Such directors shall have supervision and control over their respective departments. Two (2) or more departments may be headed by the same individual, and the City Manager may temporarily head one (1) or more departments. • Sec. 5.05. - Reserved Page 32 of 45 City of Georgetown, Texas Charter Review Committee June 1, 2021 S UB J E C T: Dis cus s io n of p o s s ib le amend ment of C ity C harter, S ec tion 6 – Bud get Amend ments – David Mo rgan, C ity Manager IT E M S UMMARY: F IN AN C IAL IMPAC T: NA S UB MIT T E D B Y: Mayra C antu, As s is tant to the C ity Manager AT TAC H ME N T S: D escription Type Staff Propos ed - Section 6 Redline Exhibit Staff Propos ed - Section 6 Clean Exhibit Page 33 of 45 • Sec. 6.03. - Appropriations. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes named therein. Except as provided in this Article no funds of the City shall be expended nor shall any obligation for the expenditure of money be incurred, except pursuant to the annual budget as adopted and as provided by this Article. At the close of each fiscal year, any unencumbered balance of an appropriation shall revert to the fund from which appropriated and become available for reappropriation for the next fiscal year. The Council may transfer any unencumbered appropriation balance or portion thereof from one division, office, department, or agency to another at any time. The City Manager shall have authority, without Council approval, to transfer appropriation balances from one expenditure account to another within a single division, office, department, or agency of the City. • Sec. 6.04. - Budget amendments and emergency appropriations. The Council may authorize a vote by a majority plus one on an emergency expenditure as an amendment to the original budget in cases of emergency or for municipal purposes as allowable under the local government codeonly State law in a case of grave public necessity to meet an unusual and unforseenunforeseen condition that could not have been included in the original budget through the use of reasonable diligent thought and attention. Such amendments shall be made by the Council after giving legal notice as specified in Texas State law. If the Council amends the original budget to meet an emergency, the Council shall file a copy of its order or resolution amending the budget with the City Secretary and the Secretary shall attach the copy to the original budget. After the adoption of the budget or a budget amendment, the budget officer shall provide for the filing of a true copy of the approved budget or amendment in the office of the County Clerk of Williamson Countyas required by State law. Should the unappropriated and unencumbered revenues, income and available funds of the City for such fiscal year not be sufficient to meet the expenditures under the appropriations authorized by this section, thereby creating a deficit, it shall be the duty of the Council to include the amount of such deficit in its budget for the following fiscal year, and said deficit shall be paid off and discharged during the said following fiscal year. Page 34 of 45 • Sec. 6.03. - Appropriations. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes named therein. Except as provided in this Article no funds of the City shall be expended nor shall any obligation for the expenditure of money be incurred, except pursuant to the annual budget as adopted and as provided by this Article. At the close of each fiscal year, any unencumbered balance of an appropriation shall revert to the fund from which appropriated and become available for reappropriation for the next fiscal year. The Council may transfer any unencumbered appropriation balance or portion thereof from one office, department, or agency to another at any time. The City Manager shall have authority, without Council approval, to transfer appropriation balances from one expenditure account to another within a single office, department, or agency of the City. • Sec. 6.04. - Budget amendments and emergency appropriations. The Council may authorize a vote by a majority plus one on an amendment to the original budget in cases of emergency or for municipal purposes as allowable under State law to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonable diligent thought and attention. Such amendments shall be made by the Council after giving legal notice as specified in Texas State law. If the Council amends the original budget to meet an emergency, the Council shall file a copy of its order or resolution amending the budget as required by State law. Should the unappropriated and unencumbered revenues, income and available funds of the City for such fiscal year not be sufficient to meet the expenditures under the appropriations authorized by this section, thereby creating a deficit, it shall be the duty of the Council to include the amount of such deficit in its budget for the following fiscal year, and said deficit shall be paid off and discharged during the said following fiscal year. Page 35 of 45 City of Georgetown, Texas Charter Review Committee June 1, 2021 S UB J E C T: Dis cus s io n of final rep o rt to C o uncil fo r June 8, 2021– Louis e Epstein, C hair IT E M S UMMARY: F IN AN C IAL IMPAC T: NA S UB MIT T E D B Y: Mayra C antu, As s is tant to the C ity Manager AT TAC H ME N T S: D escription Type Draft Final Report Exhibit Page 36 of 45 5.28.2021 Page 1 of 9 2021 CHARTER REVIEW COMMITTEE Report and Recommendations to City Council on Charter Amendments The City Council appointed a Charter Review Committee on January 26th, 2021 to review the City Charter and recommend to Council whether certain changes to the Charter should be made. The members of the 2021 Charter Review Committee (CRC) are: Joseph Burke Louise Epstein Bob Glandt Troy Hellman John Hesser John Marler Rick Vasquez Ben Stewart The CRC first met on March 2, 2021. The CRC held a total of seven (7) meetings, all of which were open to the public and for which notice was given pursuant to the Open Meetings Act. The CRC’s minutes are available on the City website along with the posted agendas for each meeting. The CRC’s recommendations on Charter revisions are provided below , along with a brief explanation of each revision. 1. Section 2.01. - Number, Selection, and Term of Office (Council & CRC initiated) The Charter currently provides for three-year terms of office, with no term limits for either Council members or the Mayor. The CRC recommends that the Charter be amended to provide for a maximum of three terms or nine years in office during a officeholder’s lifetime. The CRC recommends that this limitation apply to each position separately—an individual could serve for nine years as a Council member and nine additional years as the Mayor. In discussing term limits, the CRC reviewed term limits at similar cities and discussed the advantages and disadvantages of the term limits in a city of Georgetown’s size. The final vote was five to three in favor of the amendment. Recommended Charter Amendments: Sec. 2.01. - Number, selection, and term of office. Page 37 of 45 5.28.2021 Page 2 of 9 The Council shall be composed of seven (7) Councilmembers elected from single-member districts and a Mayor elected at-large, each of whom unless sooner removed under the provisions of the Charter, shall serve for three-year terms, from the first meeting of the Council following the Councilmember's election until the first meeting of the Council following the election two (2) years later, or until the councilmember's successor has been elected and duly qualified. No current or future Councilmember shall serve more than three (3) three- (3-) year terms of office as Councilmember during their lifetime. No current or future Mayor shall serve more than three (3) three (3) year terms of office as Mayor during their lifetime. Four (4) members of the Council shall be elected each odd-numbered year and three (3) members and a Mayor each even-numbered year. Councilmembers must reside in the districts from which they are elected except that Councilmembers may complete the terms to which they were elected if distr ict boundaries are changed during their terms causing their residences no longer to be within the districts from which they were elected. The authority to adopt council district boundaries shall reside in the council. The council may revise district boundaries from time to time and shall adopt district boundaries within one year after the publication of each United States decennial census. Councilmembers and Mayor shall be elected for three-year terms, which shall begin with the general election to be held in 1995, and the terms shall be staggered such that three Council members are elected in one year, the Mayor and two Council members are elected in the following year and two Councilmembers are elected the last year. For the staggering of the initial three-year terms, the following procedure shall apply: (1) In 1995, Councilmembers shall be elected for Districts 1, 3, 4 and 5. Following the election, the Councilmembers shall draw lots to serve either a three-year term (2 members) or a two-year term (2 members). (2) In 1996, the Mayor shall be elected for a three-year team, and Councilmembers shall be elected for Districts 2, 6 and 7. Following the election, the Councilmembers shall draw lots to serve either a three-year term (2 members) or a two-year term (1 member). (3) In 1997, the two Districts whose Councilmembers serve two -year terms shall elect Councilmembers for three-year terms. All succeeding elections shall be to elect Councilmembers for three-year terms in compliance with this Charter. 2. Section 2.02. - Qualifications (Council initiated) 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 Page 38 of 45 5.28.2021 Page 3 of 9 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. 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. The CRC recommends an amendment to the Charter to allow for the greater age and residency requirements allowed in the Election Code. In addition, the CRC recommends reducing the length of time a former elected official is ineligible to work for the City from two years to one year. In making these recommendations, the CRC specifically review the TML survey of home rule charters and noted that these changes would be in line with other Texas cities. Recommended Charter Amendment: Sec. 2.02. - Qualifications. In addition to other qualifications prescribed by law, each Councilmember and the Mayor shall be at least twenty-one (21) years of age on the first day of the term to be filled at the election or on the date of appointment, as applicable. For period of twelve (12) months preceding election day, each Councilmember shall reside in the council district the member would be representing and the Mayor shall reside within the City of Georgetown . No member of the Council or the Mayor shall hold any other office or employment with the City while serving as a member of the Council or the Mayor, nor hold any paid employment with the City within one (1) year thereafter. A member of the Council ceasing to reside in the City shall immediately forfeit that office. 3. Section 2.03. - Vacancies (Council initiated) The Texas Constitution requires that all members of the City’s governing body elected for a term exceeding two years must be elected by a majority vote of the qualified voters in such municipality. Any vacancy occurring must generally be filled by a special called election within 120 days of such vacancy except that by Charter a municipality provide a procedure for filling a vacancy occurring with an unexpired term of 12 months or less. The current Charter language only provides for the filing of a vacancy by special election with 120 days of such vacancy. The CRC is recommending a charter amendment to allow for the appointment of a Councilmember or the Mayor vacancy when less than 12 months of the term remains. In making this recommendation the CRC emphasized the need for a Page 39 of 45 5.28.2021 Page 4 of 9 district or the City to be represented as soon as possible and the possible detrimental effects of an extended vacancy. Recommended Charter Amendment: Sec. 2.03. - Vacancies. When a vacancy occurs in the Council, the vacancy shall be filled at a special election called for this purpose within one hundred and twenty (120) days after the vacancy or vacancies occur in compliance with Article XI, Section 11 of the Texas Constitutio n and other applicable State laws. (1) When the office of a Councilmember becomes vacant, the following provisions apply: a. If at the time of the vacancy more than twelve (12) months remain on the term, the Council shall within one hundred and twenty (120) days of the vacancy call a special election in compliance with Article XI, Section 11 of the Texas Constitution and other applicable State laws. b. If, at the time of the vacancy, less than twelve (12) months remain on the term, the council shall within forty-five days of the vacancy appoint a qualified person to fill the vacancy. (2) When the office of Mayor becomes vacant, the following provisions apply: a. If at the time of the vacancy more than twelve (12) months remain on the term, the Council shall within one hundred and twenty (120) days of the vacancy call a special election in compliance with Article XI, Sectio n 11 of the Texas Constitution and other applicable State laws. b. If at the time of the vacancy less that twelve (12) months remain on the term, the Council by majority vote may appoint one of the Councilmembers to fill the vacancy until the next regular City Election date. If the City Council elects not to appoint a Councilmember to fill the vacancy of Mayor, then the City Council shall call a special election to fill such vacancy in accordance with Article XI, Section 11 of the Texas Constitution and other applicable State laws. 4. Section 2.06. - Mayor and Mayor Pro Tem (CRC initiated) The current Charter only allows for a Mayor to vote in order to break a tie. The CRC is recommending a Charter amendment that would allow the Mayor to vote in all affair s before the City Council. In making this recommendation the CRC considered the important role of the Mayor as the only city-wide representative on the City Council. Recommended Charter Amendment: Page 40 of 45 5.28.2021 Page 5 of 9 Sec. 2.06. - Mayor and Mayor Pro Tem. The Mayor shall preside at all meetings of the Council and shall be recognized as head of the City government for all ceremonial purposes, for the purpose of receiving services of civil process, for emergency purposes, and for military purposes; but the Mayor shall have no regular administrative duties. The Mayor, as a member of the Council, shall be entitled to vote in all affairs considered by the Council and shall have no veto power. At its first meeting following each regular election of Councilmembers, the Council shall, by election, designate one of its number as Mayor Pro Tem, who shall serve in such capacity durin g the pleasure of the Council. The Mayor Pro Tem shall act as Mayor during the absence or disability of the Mayor, and shall have power to perform every act the Mayor could perform if present; provided. 5. Section 2.09. - Rules of Procedure (Council initiated) The current Charter provides that “legislation may not be enacted unless it is adopted by a vote of not less than a majority of the members of the Council.” This language has in the past led to confusion as to (1) whether a majority of all Councilmembers are required rather than simply a majority of those present, and (2) whether the Mayor is included in the total number required. The CRC recommends amending this section to provide that an affirmative vote of the majority of the Councilmembers present and voting is required. This amendment would remove the confusion that exists with the current language. Recommended Charter Amendment: Sec. 2.09. - Rules of procedure. The Council shall by ordinance determine its own rules and order of business. The Mayor and a majority of the members of Council shall constitute a quorum. In the Mayor's absence, a majority of the Council members plus one shall constitute a quorum. 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 Council members present and voting. Legislation may not be enacted unless it is adopted by a vote of not less than a majority of the members of the Council. Should the Council be reduced to less than a majority plus one of the members of Council by death, resignation, nonresidence or for any other reason, the remaining members of the Council shall constitute a quorum for the purpose of filling vacancies. Should the Council be reduced to less than a majority plus one of the members of Council by death, resignation, nonresidence, or for any other reason, the remaining members of the Council shall constitute a quorum for the purpose of filling vacancies and for the purpose of taking an emergency action to protect the life, health, safety, property and welfare of the public. Such emergency action shall tak e effect only upon the unanimous approval of the then remaining members of the Council. The Council may adopt such rules, and prescribe such penalties as it may see fit to enforce the Page 41 of 45 5.28.2021 Page 6 of 9 attendance of its members at all regular and called meetings of the Coun cil or its committees. Minutes of all meetings of the Council shall be taken and recorded in the form and manner required by state law, and such minutes shall constitute a public record. 6. Section, 2.10. - Procedure to Enact Legislation (Council initiated) The current Charter requires that (1) all proposed ordinances be read and considered at two separate City Council meetings; (2) the ordinance itself be filed at the City Secretary’s office one week in advance of all meetings; and (3) the publication of the ordinance caption in the newspaper at least 72 hours in advance of a City Council meeting. The CRC recommends a the following Charter amendments related to Section 2.10: (1) modify the Charter to require approval of ordinances at two separate City Council meetings; (2) change the publication requirement from the newspaper to the City’s primary Internet webpage or primary contemporary means of information sharing system; and (3) removal of the filing requirement. In recommending these changes, the CRC focused on ensuring continued transparency and communication with the public while allowing for an efficient process to enact legislation. Recommended Charter Amendment: Sec. 2.10. - Procedure to enact legislation. The Council shall legislate by ordinance, and the enacting clause of every ordinance shall be: "Be it ordained by the City Council of the City of Georgetown." The City Attorney shall approve all ordinances adopted by the Council, as to the legality thereof, or shall file with the City Secretary written legal objections thereto. Evidence of approval of an ordinance by the City Attorney may be by notation on the ordinance itself, or by separate paper or instrument. Every ordinance enacted by the Council shall be signed by the Mayor, Mayor Pro Tem, or by two (2) Councilmembers and shall be filed with and recorded by the City Secretary. An ordinance shall not be adopted until it has been considered and favorably acted on by the Council at two (2) separate council meetings. The caption of a proposed ordinance shall be read once in full at a council meeting prior to its adoption by the Council and shall be posted on the City of Georgetown’s primary Internet webpage or the City of Georgetown’s primary contemporary means of information-sharing system that is maintained as part of the City of Georgetown official records . The City Council may require a full reading of the proposed ordinance prior to adoption by a vote of the majority of the Councilmembers present at the meeting. All ordinances, unless otherwise provided by law or by the terms of such ordinance, shall take effect immediately upon final passage thereof. The requirements for reading ordinances on two separate days may be dispensed with where an ordinance relating to the immediate preservation of the public peace, health, safety or welfare is adopted Page 42 of 45 5.28.2021 Page 7 of 9 by the favorable vote of a majority, plus one or more, of all the Councilmembers qualified and serving, and contains a statement of the nature of the emergency. 7. Section 8.03. - Franchise; power of the City Council (Council initiated) The current Charter requires publication in the newspaper of the full text of any franchise agreement for four weeks to be paid by the franchisee. The CRC recommends a charter to amendment to modify the publication requirement to require posting of the franchise agreement on the City’s primary Internet webpage or primary contemporary means of information sharing system. Recommended Charter amendment: Sec. 8.03. - Franchise; power of the City Council. The City Council shall have the power by ordinance to grant, amend, renew and extend, all franchises of all public utilities of every character operating within the City of Georgetown. All ordinances granting, amending, renewing, or extending franchises for public utilities shall be read at two (2) separate regular meetings of the City Council, and shall not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until thirty (30) days after its final passage; and pending such time, the full text of such ordinances shall be posted on the City of Georgetown’s primary Internet webpage or the City of Georgetown’s primary contemporary means of information sharing systems that is maintained as part of the City of Georgetown’s official records . No public utility franchise shall be granted for a term of more than twenty (20) years; no public utility franchise shall be transferable except with the approval of the City Council expressed by ordinance. 8. Article IV. - Initiative, Referendum and Recall (CRC initiated) For initiatives, referendums, and recalls, the current Charter l anguage requires petitions signed by a number equal to fifteen (15) percent of the qualified voters in the last municipal election, but not less than two hundred fifty (250) signatures.* In reviewing this requirement, the CRC is recommending amending the language to clarify that the signature requirement would be the number equal to fifteen (15) percent of the voters who actually voted in the last municipal general election. In making this recommendation, the CRC considered the long-term growth potential of the City of Georgetown and the potential large number required if the number of petition signatures were based on the total number of registered voters instead of the number who actually voted. * For recall of Councilmembers, the number is calculated based upon the registered voters residing in the council district who voted in the last municipal general election. Page 43 of 45 5.28.2021 Page 8 of 9 Recommended Charter amendment: Sec. 4.01. - Power of initiative. The people of the City reserve the power of direct legislation by initiative, and in the exercise of such power may propose any ordinance, except ordinances appropriating money or levying taxes, or ordinances repealing ordinances appropriating money or levying taxes, not in conflict with this Charter, the State Constitution, or the State laws. Any initiated ordinance may be submitted to the Council by a petition signed by registered voters of the City, equal in number to at least fifteen (15) per cent of the registered voters of the City who voted in the last municipal general election, but not less than two-hundred fifty (250) registered voters of the City. Sec. 4.02. - Power of referendum. The people reserve the power to approve or reject at the polls any legislation enacted by the Council which is subject to the initiative process under this Charter, except that ordinances authorizing the issuance of bonds (either tax bonds or revenue bonds ), whether original or refunding bonds, shall not be subject to such referendum. Prior to or within thirty (30) days after the effective date of any ordinance which is subject to referendum, a petition signed by registered voters of the City equal in number to at least fifteen (15) percent of the registered voters who voted in the last municipal general election but not less than two-hundred fifty (250) registered voters of the City may be filed with the City Secretary requesting that any such ordinance be either repealed or submitted to the vote of the people. When such a petition has been certified as sufficient by the City Secretary, the ordinance specified in the petition shall not go into effect, or if it shall have gone into effect, then further action thereunder shall be suspended until and unless it is approved by the voters as herein provided. Sec. 4.07. - Recall of City Officials. The people of the City reserve the power to recall any elected officer of the City of Georgetown, on the grounds of incompetence, misconduct, or malfeasance in office, and may exercise such power by filing a petition, as described herein, with the City Secretary. A petition to recall the Mayor only shall be signed by registered voters of the City equal in number to at least fifteen (15) percent of the registered voters of the City who voted in last municipal general election, demanding the removal of the Mayor. The petition shall be signed and verified as required by this Charter's provisions and State law. A petition to recall a Council member shall be signed only by the registered voters of the single member council district that the Council member represents, and the signatures must be equal in number to at least fifteen (15) percent of the registered voters residing in that council district who voted in the last municipal general election, demanding the removal of their specific Councilmember. The petition shall be signed and verified as required by this Charter's provisions and State law. Page 44 of 45 5.28.2021 Page 9 of 9 In the case of an election to recall the Mayor, any registered voter residing within the City may cast a ballot on the issue of the Mayor's recall. In the case of an election to recall a Council member, only registered voters residing within the single member council district represented by the Council member sought to be recalled may cast a ballot on the issue of their Council member's recall. 9. Sections 5.03, 5.04, and 5.05 Administrative Organization Placeholder pending discussion on June 1, 2021 10. Sections 6.03 and 6.04 Appropriations and Budget amendments Placeholder pending discussion on June 1, 2021 11. City Auditor (CRC initiated) The CRC discussed the possibility of recommending the creation of an internal City Auditor position that would report directly to City Council. Ultimately the CRC did not recommend a Charter amendment to create that position; instead, the CRC recommended that the City Council consider the creation of an internal City Auditor position that would report to the City Manager. Page 45 of 45