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HomeMy WebLinkAboutCharter Review Committee Minutes 05/30/1991CHARTER REVIEW COMMITTEE Chairman Payton called the persons were present. Jimmy Payton, Chairman Willie Mae McCormick, Marland Ernest Glenn Walker, Bob Pippin , Paul Tonne, Attorney Susan Crim, City Secretary SPECIAL MEETING May 30, 1991 meeting to order at 7:00 p.m. The following Neal Adams, Vice Chairman Charlie Miller Bill Byers Dwayne Wilcox , Bonnie O'Brien and Bill Pasteur were not present. Bill Byers moved to approve the minutes of the May 9, 1991, Charter Review Committee meeting. The motion was seconded by Glenn Walker and carried by unanimous vote. Chairman Payton explained the changes being proposed regarding the reconstitution of the City Council in a single ballot proposition. Neal Adams moved to accept the language of the attorney's May 28 letter for Article II, Section 1 to read as follows: "The governing and lawmaking body of the City of Euless shall consist of a mayor and six (6) council members, and said body shall be known as the 'City Council of the City of Euless'. The members of the City Council of the City of Euless shall be the only elective officers of the city and shall be elected from the city at large in the manner provided in Article III. The Mayor and members of the council shall draw no compensation as such for their duties, but shall be reimbursed for any lawful expenditures made in behalf of the city or expenses incurred in the performance of their official duties, when approved by the council. Each council member shall occupy a specific place. The office of mayor and council places two (2) and four (4) shall be filled by regular city election in 1993 and thereafter for terms of three (3) years or until their successors are duly elected and qualified. Council places and shall be filled by regular city election in 1992 and thereafter for terms of three (3) years, or until their successors are duly elected and qualified. Council places and shall be filled by regular city election in 1992 for terms of two (2) years, or until their successors are duly elected and qualified, and shall be filled by regular city election in 1994 and thereafter for terms of throe (3) years, or until their successors are duly elected and qualified." CHARTER REVIEW COMMITTEE MAY 30, 1991 PAGE 2 Mr. Adams' motion further approved the ballot proposition that would implement the charter change to read as follows: Shall Article II of the City of Euless Charter be amended to reconstitute the city council to provide that it shall consist of six (6) council members and the mayor, that council place six (6) shall be filled by regular city election in 1992, that the mayor shall be a voting member of the council in all matters, that five (5) members of the council, or four (4) members thereof and the mayor, shall constitute a quorum, that the affirmative votes of at least four (4) members of that quorum shall be needed to adopt any ordinance or resolution, that the terms of office of the mayor and council places two (2) and four (4) shall be three (3) years to be commenced by the regular city election in 1993, that the terms of office of council places and shall be three (3) years to be commenced by the regular city election in 1992, and that the terms of office of council places and shall be three (3) years to be commenced by the regular city election in 1994. Answer "yes" or "no". The motion was seconded by Glenn Walker and carried by unanimous vote. The committee then discussed the possibility of proposing a ballot proposition that would require a person to resign his position on the Council if he filed for the office of Mayor if the above described ballot proposition fails. It was the consensus of the Committee that this would not be addressed at this time. City's Investment Policy Chairman Payton then directed the Committee's attention to the attorney's letter dated May 24 regarding the City's investment policy and the removal of council members for official misconduct or incompetency found in Articles VII and VIII of the Charter. Bob Pippin moved to accept the language of the City Attorney's letter dated May 24 for a ballot proposition to amend the City's investment policy to read as follows: Shall Article VII and Article VIII of the City of Euless Charter be amended to provide that the City of Euless may invest any city monies in accordance with council adopted policy and state law? Answer "yes" or "no". The motion was seconded by Dwayne Wilcox and carried by unanimous vote. Removal of Council Members for Official Misconduct or Incompetency Bill Byers moved to accept the language of the attorney's letter dated May 24 by adding a new Section 5 to Article XII of the Charter to read as follows: CHARTER REVIEW COMMITTEE MAY 30, 1991 PAGE 3 Sec. 5 Removal of Mayor or Council Member for Official Misconduct or Incompetency A mayor or council member may, upon notice and hearing, with opportunity to respond, be removed from office by the unanimous vote of remaining council members for official misconduct or incompetency. A mayor or council member removed for official misconduct or incompetency shall not be eligible for re-election to the same office for two years after the date of removal. Mr. Byers motion stated further that the last 7 words of Section 4 (and may forthwith be removed from office.) be deleted from the Charter and that present Sections 5 through 19 be renumbered as Sections 6 through 20. And finally the motion approved the following ballot propositions to employ the recommended changes: Shall Article XII of the City of Euless Charter be amended to provide that a mayor or council member may, upon notice and hearing, with opportunity to respond, be removed from office by the unanimous vote of remaining council members for official misconduct or incompetency. Answer "yes" or "no". Shall Article II of the City of Euless Charter be amended to provide that a mayor or council member removed from office for official misconduct or incompetency shall not be eligible for re-election to the same office for two years after the date of removal. Answer "yes" or "no". The motion was seconded by Glenn Walker and carried by unanimous vote. Final Approval of Recommended Changes Chairman Payton stated that 17 ballot propositions are now ready to be presented to the City Council for consideration in calling a Charter Election. Willie Mae McCormick moved to approve the final draft of the City Charter with all changes recommended for presentation to the City Council for their consideration as the final ballot propositions to be presented to the voters. The motion was seconded by Bob Pippin and carried by unanimous vote. Chairman Payton requested the ballot propositions be prepared for presentation to the Council in the following order. The propositions which concern specific sections be listed first in numerical order, then those that relate to entire articles with the gender neutral proposition being last. CHARTER REVIEW COMMITTEE MAY 30, 1991 PAGE 4 Chairman Payton requested the City Attorney draft a transmittal letter to be circulated to the committee members for their comments prior to it being delivered to the City Council Members. The Charter Review Committee members will be notified when the completed work is being presented to the City Council in order that they may be present if they so desire. The meeting was adjourned at 9:00 p.m. Chairman Payton thanked the members of the Charter Review Committee for their diligent attention to the work of reviewing the City Charter. The meeting was adjourned at 7:55 p.m. Payton Chairman Susan Grim, City Secretary