MINUTES
CHARTER REVIEW COMMISSION
November 21, 2011
6:30 PM
The Charter Review Commission of the City of Converse met for a Regular Meeting at the Fire Station
#2 Conference Room located at 8425 Thornton Lane, Monday, November 21, 2011 at 6:30 P.M. to
discuss the following agenda items:
1.
Call Meeting to Order.
Chairman Evans called the meeting to order at 6:30 p.m.
2.
Roll Call.
Chairman Jim Evans
Vice-Chairman Johnny Harris
Mr. Jon Lindgren, Member
Ms. Benbrook, Member
Mr. John Shadron, Member
Mr. Jim Sherman, Member
Ms. Michelle Burns, City Staff Member
Ms. Jackie Gaines, Secretary
Not in attendances were Mr. Craig Morrow and Council Liaison Andy Selko. Councilman Selko
attended a special call City Council meeting.
3.
Consent Agenda. All of the following items may be acted upon by one motion. No
separate discussion or action on any of the items is necessary unless desired by a
Commission member.
A.
Discussion and Appropriate Action to Approve Minutes from Meeting of
November 7, 2011.
Chairman Evans made a motion to approve the minutes. Ms. Benbrook seconded the motion.
The motion passed unanimously.
4.
Citizens to Be Heard: This time is provided for citizens to address any issues and concerns.
No discussion or action can be taken if the item is not on the agenda. Please limit remarks to
3 minutes and state your name and address for the record.
No citizen signed up to be heard.
5.
Old Business.
A.
Article II, Section 2.02-Discussion of Legal Counsel’s definition of “Reside”.
The City Attorney was unable to attend the meeting due to a special call City Council meeting.
and Need clearer and stronger definition of reside.
B.
Discussion and Appropriate Action to Approve Article II, Section 2.02Qualifications. “In addition to any other qualifications prescribed by law, the Mayor and
each Councilperson shall meet the conditions of Article III prior to filing for election to
office. The Mayor and all Councilpersons shall reside within the City's
boundaries while holding the elective office.”
Mr. Sherman made the motion to table item 5B for further research of a definition of the
word “reside”. Mr. Lindgren seconded the motion. The motion passed unanimously to table item
5B.
* Vice-Chairman Harris arrived at approximately 6:57 PM and voted on item 5B.
C.
Discussion and Appropriate Action to Approve Article II, Section 2.03A.
Mayor and Mayor Pro Tem. “(A) The Mayor shall be recognized as the head of the
City Government. The Mayor shall preside over the meetings of the Council. The
Mayor will not have the power of veto. The Mayor will be responsible for the
obedience and enforcement of all Ordinances, by-laws, and resolutions passed by the
Council. The Mayor will sign all official documents such as Ordinances, Resolutions,
conveyances, grant agreements, official plats, contracts, and bonds. The Mayor shall be
responsible to the Council and appoint special committees as instructed by the Council.
The Mayor shall perform such other duties consistent with this Charter or as
may be
imposed upon him by the Council.”
Chairman Evans made a motion to approve item 5C. The motion died for lack of a
D.
Discussion and Appropriate Action to Approve Article II, Section 2.09DOrdinances. “All other Ordinances must be read and voted on at two regularly scheduled
City Council meetings. This should be followed by publication in full or by
caption in two successive issues of the official newspaper of the City of Converse
before the Ordinance shall become effective. The final reading of each Ordinance shall
be in full unless [a]
written or a printed copy of the Ordinance shall have been
furnished to each member of the City Council 24 hours prior to each City Council
meeting. The enacting clause of all Ordinances shall be, BE IT ORDAINED BY THE
City Council of Converse, Texas.”
Mr. Lindgren made the motion to approve item 5D. Chairman Evans
The motion passed unanimously.
E.
second.
seconded the motion.
Discussion and Appropriate Action to Approve Article II, Section 2.12C - Forfeiture
of Office. A Councilperson or the Mayor shall forfeit his office if he: Fails to attend
three (3) consecutive regular Council meetings without being excused prior to the
missed meeting. Such forfeiture shall be declared and enforced by the
majority vote of the City Council.
Recommendation to adjust the code to clarify Section 2.12 (c), and discussed how to change
wording in the code?
Chairman Evans made a motion to approve 5E. The motion died for lack of a second.
F.
Discussion of Legal Counsel’s definition of “Moral Turpitude” Section 2.12 D. Forfeiture of Office.
Commission asked to have the levels of misdemeanors from the Attorney.
G.
Discussion and Appropriate Action to Approve Article II, Section 2.12D-Forfeiture
of Office. (D) Is convicted of a felony and/or a misdemeanor involving moral turpitude.
Such forfeiture shall be declared and enforced by a majority vote of the Council.
Chairman Evans made a motion to table item 5G. Ms. Benbrook seconded the motion. The
motion passed unanimously to table item 5G.
H.
Discussion and Appropriate Action to Approve Article III, Section 3.01 C. Schedule. (C) At-Large Vote. All candidates for Mayor and City Council shall be elected
at-large.
Chairman Evans made a motion to approve item 5H. Vice-Chairman Harris seconded the motion.
The motion passed unanimously.
I.
Discussion and Appropriate Action to Approve Article III, Section 3.02. - Filing for
Office. (A) Each candidate for an elective office shall be a qualified voter of the City.
No action was taken on item 5I.
J.
Discussion and Appropriate Action to Approve Article III, Section 3.02. - Filing for
Office. (B) Each candidate for Mayor must have resided for at least twelve months
preceding the election within the corporate limits of the City.
No action was taken on item 5J.
K.
Discussion and Appropriate Action to Approve Article III, Section 3.02. - Filing for
Office. (C) Each candidate for City Council must have resided for at least six months
preceding the election within the corporate limits of the City.
No action was taken on item 5K.
L.
Discussion and Appropriate Action to Approve Article III, Section 3.03 D-Ballots
for Ordinances, Bond Issues, and Charter Amendments. (D) An Ordinance, bond
issue, or Charter amendment to be voted on by the City shall be presented for voting
by ballot title. The ballot title of a measure may differ from its legal title and shall be a
clear, concise statement, approved by a majority of the whole Council without argument
or prejudice. Delete last statement “without argument or prejudice”.
Chairman Evans made a motion to recommend to Council to approve. Ms. Benbrook seconded
the motion. The motion passed unanimously.
M.
Discussion and Appropriate Action to Approve Article IV, Section 4.01 General
Authority. (C) Recall. The qualified voters of the City shall have the power to petition
for recall of the Mayor or any member of the City Council. No recall petition shall be
filed against an officer within six (6) months after such elected officer takes office.
Chairman Evans made a motion to approve item without the last sentence. Ms. Benbrook
seconded the motion. Three
members were for the motion (Evans, Benbrook and Lindgren)
and three members were against the motion to approve (Harris, Shadron and Sherman). The
motion failed due to lack of majority
vote.
N.
Discussion and Appropriate Action to Approve Article IV, Section 4.03-Petitions
(D) Filing Referendum Petitions. Referendum petitions must be filed within 60 days
after adoption by the
Council of the Ordinance sought to be reconsidered. Remove
“within 60 days”
Mr. Sherman made a motion to approve item 5N without “60 days”. Vice Chairman Harris
seconded the motion. The motion passed unanimously.
6.
New Business.
A.
Discussion of the City Charter by Article.
Article V
- 5.01 (A): Change to 6 months
- 5.01 (B): 12th responsibility: shall facilitate minimum of 10 annual training hours,
including 2 hours on municipal management budget from auditing firm for all Council
persons. Add to both Article II and V.
- 5.01 (C and D): No changes.
- 5.02- No changes.
- 5.03- No changes.
- 5.04-5.06- Look into sister cities if the City Manager issues RFQs no less than every 5
years for attorney, auditing firm, engineer and judge.
- 5.01 # 13- review Government Code 29.005 and 29.001.
7.
Report by City Council Liaison on Items of Interest.
No report due to Councilman Selko having to attend the Special Call Council meeting.
8.
Discussion of Future Items.
-
9.
Article II, Section 2.02, definition of reside.
Article II, Section 2.12D, levels of misdemeanors.
Article II, Section 2.14.
5.01 (A): Change to 6 months
5.01 (B): 12th responsibility: shall facilitate minimum of 10 annual training hours, including 2
hours on municipal management budget from auditing firm for all Council persons. Add to both
Article II and V.
5.04-5.06- Look into sister cities if the City Manager issues RFQs no less than every 5 years for
attorney, auditing firm, engineer and judge.
5.01 # 13- review Government Code 29.005 and 29.001.
Set Date and Time for Next Meeting.
Monday, November 28, 2011, 6:30 pm.
10.
Adjournment.
Chairman Evans adjourned the meeting at 8:42 pm.