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R-2019-0388 - 9/26/2019 RESOLUTION NO. R-2019-0388 WHEREAS, pursuant to Section 14.12 of the Round Rock Home Rule Charter("Charter"), the City Council appoints members to the Charter Review Commission every four years to review the Charter and determine whether any provisions require revision; and WHEREAS,the 2019 Charter Review Commission("Commission")held five (5)meetings and discussed various issues and concerns regarding the Charter; and WHEREAS, there has been presented to the City Council a copy of the final report from the Commission; and WHEREAS,the City Council wishes to accept said report,Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the final report from the 2019 Charter Review Commission, as set forth in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby accepted. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of September, 2019. CRAIG OORGAyX4ayor City of Round R , Texas ATTEST: �M.19 2; 1535 Spink(,D•c�L6-j �"''�` EXHIBIT "Aly Mayor Councitmembers City Manager Craig Morgan Tammy Young Laurie Hadley Rene Flores Matthew Baker ROUND ROCK TEXAS Mayor Pro-Tem Will Peckham City Attorney ADMINISTRATION Writ Baese Hilda Montgomery Stephan L.Sheets August , 2019 Mayor Craig Morgan Mayor Pro-Tem Writ Baese Councilmember Tammy Young Councilmember Rene Flores Councilmember Matthew Baker Councilmember Will Peckham Councilmember Hilda Montgomery Re: Official Report of the 2019 Round Rock Charter Review Commission Dear Mayor Morgan and Councilmembers: As Chairman of the 2019 Charter Review Commission, I am pleased to provide you with a report of our findings and recommendations for proposed amendments.The Official Report of the Commission is enclosed herein.The report summarizes the recommended amendments and includes a "redlined"version of the amendments, as well as arguments for and against each proposed amendment. On behalf of each member of the Commission, I would like to express our appreciation for allowing us to serve our community. It was both an honor and an educational experience. Sincerely, 1 George White, Chairman Charter Review Commission On behalf of the Commission Members: Greg Rabaey, Vice Chairman Kelly Darby Steve Armbruster Kristin Stevens Trey Swor Tracie Storie CITY OF ROUND ROCK 221 East Main Street,Round Rock,Texas 78564 [P] 512.218.5401 •[F]512.218.7097.roundrocktexas.gov 2019 Round Rock Charter Review Commission's Official Report on its Findings and Proposed Charter Amendments Presented to the Mayor and Council This report is being presented to the Mayor and Council pursuant to Section 14.12 of the Round Rock Home Rule Charter. The 2019 Round Rock Charter Review Commission ("Commission") held five (5) meetings during which the Commission members discussed with staff and among themselves various issues and concerns with the present Charter. At each meeting an opportunity was given to citizens to address the Commission. The Commission met and approved the following recommendations for amendments to the Charter. Recommendation No. 1 We recommend that Sec. 14.04 be amended to change the conflict of interest regulations to follow Chapter 171 of the Texas Local Government Code,as amended. Recommendation No. 2 We recommend that Sec. 14.08(a)(3) be amended to clarify the prohibitions against city officials and candidates requesting or accepting political contributions from city employees. Recommendation No. 3 We recommend that Sec. I4.08(a)(4) be amended to prohibit city employees from contributing funds to a political action committee for use in a city election. Recommendation No. 4 We recommend that Sec. 3.01 be amended by deleting the second paragraph related to the transition from two-year terms to three-year terms because this paragraph is no longer necessary. Recommendation No. 5 We recommend that Sec. 14.10 regarding the submission of the original charter to the voters in 1977 be repealed and deleted because it is no longer necessary. Charter Commission Report(2019);FINAL;8-12-19(00429618)(002) A"redlined"version of the above recommendations showing the current wording,as well as the proposed wording of each section is attached hereto,along with required arguments for and against each recommendation. Dated this 5th day of August,2019. Respectfully submitted, 2019 Round Rock Charter Review Commission George White, Commission Chairman e abaey, Vice Ch ' an, Place 3 Kel y arby Commissioner, lace 1 X- - � / � A- --- W, y Steve Armb ter, Commissioner, Place 2 Kristin Stevens, Commissioner,Place 4 S o , ommissioner, Place 5 Tracie Storie, Commissioner, Place 6 2 RECOMMENDATION NO. l: TO AMEND SECTION 14.04 TO CHANGE THE CONFLICT OF INTEREST REGULATIONS TO FOLLOW CHAPTER 171 OF THE TEXAS LOCAL GOVF,RNMENT CODE. Sec. 14.04. 42efaGaal-UnaRcaia-14sterest,Conflicts of Interest �1e-��ernbe�of-the-Gity-�eaee+to�tr�layee-e€-t#�e-��#y-sk►al4-gave-a-#+r►ansia�-ie#erc�-�i;eet-er+n�iree#; in-ssntr-aet-w&4-he-Qty, Rei sale to-the-City-of-any land, er-rtg#ts--er-+r�terest-ip any land rr�a#ertals-s�+ppties ar-service-the abo a p where the-'nterest-ts-rswrh 64eG�k ewaerehtp arx�o�+ats-to-tens thaA-ene-persent p° of the sarperation stos44--vr� ti itlain tt?e ssepe G V.- .C- T-;rosater-herea€ter arr�ec�ded-�ln+�wtt►f�,t ietatisn r}€ this sesttoR shaa4#seas#i#ute naalfeasar}ee in sf€icer�d ani etested offtviat aserr+p{ayee o€the 6tt�C#eaHd-guilty t4ereef shalt thereby €orfeit his or-her etested-eflise-eFenRptey t- ny-vtolatton-Gf44is-se44aR vitt the k+(ilMerase, express-er-implied-o€- PersGRs eF render the sor4trast-veidabte-by4he_Gity-fvlanager aF the Qly Qewnstl No member of the City Council shall violate the conflict of interest provisions of Chapter 171, Texas Local Government Code, as amended.tiny violation of the foregoing shall constitute maifeasance in office, and any elected official found guilty thereof shall forfeit his or her elected office. Ar currents in favor of the proposed amendment: The charter was adopted prior to the state of "Texas adopting Chapter 171 of the I.,ocal Government Code which regulates elected officials and conflicts of interest.The current charter language has outlived its usefulness. Argmments in opposition ofthe proposer!amendment: Even though there is a state statute that regulates conflicts of interest of elected officials, the existing Charter language should be kept. RECOMMENDATION NO. 2: TO AMEND SECTION 14.08(x)(3) TO CLARIFY THE LANGUAGE PROHIBITING CITY OFFICIALS AND CANDIDATES FROM REQUESTING OR ACCEPTING POLITICAL CONTRIBUTIONS FROM CITY EMPLOYEES. See. 14.08 Prohibitions. (a) Activities Prohibited. (3) No City elected official or candidate for City office shall arab-�ttep-Gr-otherwtse directly solicit from any City employee any F as in-selis+tia ssr+pti4n-of contribution feF—aRy sandidate-of4of aoy-pohtisal pady OF P01 1--lawpese-whatever fF9m aRy City eaipleyee to the campaign funds of any candidate to be used in a City election In addition no City elected official or candidate for City office shall knowingly accept any such contribution from a City employee. Aigunrents in favor of the proposed amendment:The current Charter language is vague and does not take into account the random anonymous reach of modern social media.The amendment makes it clear that a candidate for city office cannot solicit or accept a contribution from a City employee. Augments in opposition of the proposed amendment: The current language has created no specific issue. The Charter should be left as is. 4 RECOMMENDATION ION NO. 3: TO AMEND SECTION 14.08(a)(4) TO PROHIBIT CITY EMPLOYEES FROM CONTRIBUTING FUNDS TO A POLITICAL ACTION COMMITTEE FOR USE IN A CITY ELECTION. Sec. 14.08. Prohibitions. (a) Activities Prohibited. (4) No employee of the City shall make, solicit or receive any contribution to the campaign funds of any candidate or-ef to any political party or political action committee to be used in a City election or for or against any candidate for City office or take any part in the management, affairs or political campaign of any political party in a City election, but such employee may exercise all rights as a citizen to express opinions and to cast his or her vote. Nothing in this paragraph is intended to prohibit said person from participating in school district, special district, county, state, or national campaigns, elections, and political parties. Aranrnents in favor of'the nruposed amendment: The current Chatter language has a"loop hole" that does not specifically prohibit a City employee From contributing money to a political action committee to be used in a City election. This language closes that loop hole. Ai-x,trrrrews in opposition of the proposer! arnendnrent: The current language has created no specific issue. The Charter should be left as is. RECOMMENDATION NO. 4: TO AMEND SECTION 3.01 BY DELETING THE SECOND PARAGRAPH RELATED TO TILE TRANSITION FRONT TWO YEAR'ITE.RMS TO THREE YEAR TERMS. Sec. 3.01. Number, selection and term. The City Council shall be composed of the Mayor and six (6) Council members. The Mayor and all Council members shall be elected from the City at large and each Council member shall occupy a place on the City Council, such places being numbered 1 through 6 consecutively.The Mayor and Council members shall be elected in the manner provided in Article 5 of this Charter to serve for three(3)year terms. tr4-49r4er to prav+de fsr an ;n;s� at4he4irsE ge+ -eles' ended-Article-t�vo' Ca�+nrt�ers shall be elected is sewe two (2- sa to ms of twe (2) GeunGil me ers-shall be ele e-0 -year-term6. Th"Iases which the_first-regular-City Gauaeil meeting-kaeld after this arae+ided�4rtisle is adopted-Tl�e#ellewir�$year an sada-year tl-ierea€ter; all--electl©r►s-shall-k�e-for-three `�-�,-;;ear terms- Amuments in favor of the pi,oposed anrentiment: The proposed amendment deletes an outdated paragraph that governed the City's transition vrom two-year terms to threc-year terms. This transition il'Fact occurred over 40 years ago and the paragraph is no longer needed. Arr,Tnments in opposition of the pi-oposed amen(Iment: The current language does not cause a problem. Leaving the language in place gives a historical reverence to the original Charter and how things have changed over time. The Charter should be left as is. 6 RECOMMENDATION NO. S: TO REPEAL SECTION 14.10 REGARDING T1 E SUBMISSION OF TIIE ORIGINAL CHARTER TO THE VOTERS IN 1977. Ser-.4449:—sEibmis ' rs: Th rter CQMMIssiG44r4-preparing-this_Ghar#er-ssa464udes that it is iMPF Gtisableto segregate earah subjest-s a erg-the-same #or Etae reaserat t#ae�taar�e�is se co+�strt+std that-ia-er-dad fun stie+a-it er.-necessary-that-it.64GW4-be adGpterl-ia-Its-entiret�-€er these-re-as , ' ommissioF►4irect6that-the-6a4r- and that-it shall-ba-submitted to vetefs e#t#ae Eity ai an election to-be-held...lar that-pt rpnse-on Ae ust 13, 49:�7. P1flt less I cy{39}days pFisFto-sash election-the-Gita�e+�rtcil-shalt cause the �it�clerk is naa+l a copy-a�this-Charter-to-each-registered voteFe#-the-pity-as-appears-#rsrn-the-latest-serti#+eFl-list•c�f registeFe� rioters-l#-a,W.ajeraty-a€-the Fe g in seal elestien shalt vote in-€avoF e�the aFtapt+ea a#this Charter, halt-beaome4he-Qt s ar�d a#tee ttae reta�r s-taave been canvassad the same-shalt-be-deslareFi-adepte4and the Gity Quo.,, shall fila an-s#isiai-c4Dpy-a€-the-Char4er-w4 -the esaFds o€-t#e Sit he tbt��U shall'"F^ h the nn..YGF a sept'a€said C#aaF#er-whish cc3py a#-the Q r-se adapted aother}tisated anc�serti#ied by signatwe aid the seat-s€tl�e City-staall be#or�varded by ttie RAayor to the S the aper-c a a city-vote-of the r-egir;teFed-voters-voting-at-sash-alectiora- r`n,rtwie1tts in / vol,of the proposed ametrtltttetrt: The proposed amendment deletes an outdated section that governed the submission ofthe original Charter to the voters in 1977. The election to approve the Charter occurred over 40 years ago and the section is no longer needed. Ar-uments in opposition of the proposed amendtttent: `rhe current language does not cause a problem. I.,caving the language in place gives a historical reference to the original Charter and how things have changed over time. The Charter should be left as is. 7 Mayor Councilmembers City Manager Craig Morgan Tammy Young Laurie Hadley Rene Flores Matthew Baker RO�15ND ROCK TEXAS Mayor Fro-Tem Will Peckham City Attorney A MatNTRAT10N Writ Baese Hilda Montgomery Stephan L. Sheets August , 2019 Mayor Craig Morgan Mayor Pro-Tem Writ Baese Councilmember Tammy Young Councilmember Rene Flores Councilmember Matthew Baker Councilmember Will Peckham Councilmember Hilda Montgomery Re: Official Report of the 2019 Round Rock Charter Review Commission Dear Mayor Morgan and Councilmembers: As Chairman of the 2019 Charter Review Commission, I am pleased to provide you with a report of our findings and recommendations for proposed amendments. The Official Report of the Commission is enclosed herein. The report summarizes the recommended amendments and includes a "redlined" version of the amendments, as well as arguments for and against each proposed amendment. On behalf of each member of the Commission, I would like to express our appreciation for allowing us to serve our community. It was both an honor and an educational experience. Sincerely, George lite, Chairman Charter Review Commission On behalf of the Commission Members: Greg Rabaey, Vice Chairman Kelly Darby Steve Armbruster Kristin Stevens Trey Swor Tracie Storie CITY OF ROUND ROCK 221 East Main Street, Round Rock,Texas 78664 [P] 512.218.5401 .[F] 512.218.7097.roundrocktexas.gov �-20 101-E)S%9 2019 Round Rock Charter Review Commission's Official Report on its Findings and Proposed Charter Amendments Presented to the Mayor and Council This report is being presented to the Mayor and Council pursuant to Section 14.12 of the Round Rock Home Rule Charter. The 2019 Round Rock Charter Review Commission ("Commission") held five (5) meetings during which the Commission members discussed with staff and among themselves various issues and concerns with the present Charter. At each meeting an opportunity was given to citizens to address the Commission. The Commission met and approved the following recommendations for amendments to the Charter. Recommendation No. 1 We recommend that Sec. 14.04 be amended to change the conflict of interest regulations to follow Chapter 171 of the Texas Local Government Code, as amended. Recommendation No. 2 We recommend that Sec. 14.08(a)(3) be amended to clarify the prohibitions against city officials and candidates requesting or accepting political contributions from city employees. Recommendation No. 3 We recommend that Sec. 14.08(a)(4) be amended to prohibit city employees from contributing funds to a political action committee for use in a city election. Recommendation No. 4 We recommend that Sec. 3.01 be amended by deleting the second paragraph related to the transition from two-year terms to three-year terms because this paragraph is no longer necessary. Recommendation No. 5 We recommend that Sec. 14.10 regarding the submission of the original charter to the voters in 1977 be repealed and deleted because it is no longer necessary. Charter Commission Report(2019);FINAL; 8-12-19(00429618)(002) A"redlined"version of the above recommendations showing the current wording, as well as the proposed wording of each section is attached hereto, along with required arguments for and against each recommendation. Dated this 5th day of August, 2019. Respectfully submitted, 2019 Round Rock Charter Review Commission act CL WJ '% . George White, Commission Chairman abaey, Vice Ch ' an, Place 3 Kel y ffarbyOCommissioner, tce 1 X. W, A _V Steve Armbr ,ter, Commissioner, Place 2 Kristin Stevens, Commissioner, Place 4 S o , ommissioner, Place 5 Tracie Storie, Commissioner, Place 6 2 RECOMMENDATION NO. 1: TO AMEND SECTION 14.04 TO CHANGE THE CONFLICT OF INTEREST REGULATIONS TO FOLLOW CHAPTER 171 OF THE TEXAS LOCAL GOVERNMENT CODE. Sec. 14.04. .Conflicts of Interest ifeot' i fiGir7 �If1t8rE„?6�#�ed- he-itji-0f'e'�4 land, BF Fights 9F�F? YEr'*��F-S6FY6E9��1H-�3 ;gE} {{>e {4-+Fi c3 69riti6fi-ice eve pFovisiGn shall not apply swrersh+ a+�aeunts # ° £�C,9i t38Fti9r 8t6f4 -as. falls, 4*4114R the 6GGPe of - Rmen see#lea-shsiEl�r� ti#�ite rt3a#feasance in-e#f}se and an eles#ert s#fisiaJ�Ferr I4yee of the Gity fog+ thereof felt-his-4ar-he lied frac#+n with thQty shall FeRdeF the GGRtFaGt voidable by the-G*ManaqeF 9F the City GOURGil, No member of the City Council shall violate the conflict of interest provisions of Chapter 171, Texas Local Government Code as amended..Any violation of the foregoing shall constitute malfeasance in office, and any elected official found guilty thereof shall forfeit his or her elected office. Arguments in favor of the proposed amendment: The charter was adopted prior to the state of 'Texas adapting Chapter 171 of.the focal Government Code which regulates elected officials and conflicts of interest. The current charter language has outlived its usefulness. ArXuments in Opposition of the proposed amendment: Even though there is a state statute that regulates conflicts of interest of elected officials,the existing Charter language should be kept. 3 RECOMMENDATION NO. 2: TO AMEND SECTION 14.08(x)(3) TO CLARIFY THE LANGUAGE PROHIBITING CITY OFFICIALS AND CANDIDATES FROM REQUESTING OR ACCEPTING POLITICAL CONTRIBUTIONS FROM CITY EMPLOYEES. See. 14.08 Prohibitions. (a) Activities Prohibited. (3) No City elected official or candidate for City office shall-ea4�y-kMer--�athe;w4e directly solicit from any City employee any ssraptiei- contribution ese-whatev to the campaign funds of any candidate to be used in a City election. In addition, no City elected official or candidate for City office shall knowingly accept any such contribution from a City employee. Arguments in favor of the proposed amendment:The current Charter language is vague and does not take into account the random anonymous reach of modern social media.The amendment makes it clear that a candidate for city office cannot solicit or accept a contribution from a City employee. Arguments in opposition of the proposed amendment: The current language has created no specific issue. The Charter should be left as is. 4 RECOMMENDATION NO. 3: TO AMEND SECTION 14.08(x)(4) TO PROHIBIT CITY EMPLOYEES FROM CONTRIBUTING FUNDS TO A POLITICAL ACTION COMMITTEE FOR USE IN A CITY ELECTION. Sec. 14.08. Prohibitions. (a) Activities Prohibited. (4) No employee of the City shall make, solicit or receive any contribution to the campaign funds of any candidate or-ef to any political party or political action committee to be used in a City election or for or against any candidate for City office or take any part in the management, affairs or political campaign of any political party in a City election, but such employee may exercise all rights as a citizen to express opinions and to cast his or her vote. Nothing in this paragraph is intended to prohibit said person from participating in school district, special district, county, state, or national campaigns, elections, and political parties. Arwuments in favor ofthe Proposed amendment: The current Charter language has a"loop hole" that does not specifically prohibit a City employee from contributing money to a political action committee to be used in a City election. This language closes that loop hole. Arwuments in opposition of the proposed amendment: The current language has created no specific issue.The Charter should be left as is. 5 RECOMMENDATION NO. 4: TO AMEND SECTION 3.01 BY DELETING THE SECOND PARAGRAPH RELATED TO TIIE TRANSITION FROM TWO YEAR TERMS TO THREE YEAR TERMS. Sec. 3.01. Number, selection and term. The City Council shall be composed of the Mayor and six (6) Council members. The Mayor and all Council members shall be elected from the City at large and each Council member shall occupy a place on the City Council, such places being numbered 1 through 6 consecutively. The Mayor and Council members shall be elected in the manner provided in Article 5 of this Charter to serve for three(3) year terms. I ' ' n#era two (2)-year#elk ee{ st twa{ }Cet+nc+l-rnernbers steal ( - e{ } yeas#ernas-T#ie Mases wlaisl}sha4l-be-eleeted--ts4we-k2)-yeast t-the first-regular-G4y Ceuii-reeti+g#paid af#er##pis amewdis adopted. The A eaGh year thereafter, alE eles#i�s-shad4-tie-fer-three-(3�year-terms- At-,quments in favor of the proposed amendment:_The proposed amendment deletes an outdated paragraph that governed the City's transition From two-year terms to three-year terms. This transition ih fact occurred over 40 years ago and the paragraph is no longer needed. Am,untents in opposition of the proposed amendment: The current language does not cause a problem. Leaving the language in place gives a historical reference to the original Charter and how things have changed over time. The Charter should be left as is. 6 RECOMMENDATION NO. 5: TO REPEAL SECTION 14.10 REGARDING THE SUBMISSION OF THE ORIGINAL CHARTER TO THE VO'T'ERS IN 1977. Sec IA 141 -— . r$ eray�t#i�snGha�e�s�pa►ate^ F( .+..(..t "yes" Flr�s-orr"the"same;torthe-r --on that the haFleF is 60 GGn6tFUGted that-;n qFdeF to eRable it to work An it ;� — -should be adepted ip its eRtiFety. FG t mmissien dirests t4at.the-sa4Chaft4r-be voted upon as a whole and that R 64a4- ra-to be-#geld-for-that . Net-le y o+t-s#aa4-sau copy-eft pears*om-tha lat -Geftified 4-1.of Fqgistwed vote-m-.4 a majoerr+ty of theha4vote+n€avor e#the adeptiera of t#is Qhartw,tt sk►a{I become-rt e G eeP canvassed ttae-saFne-shall be-della isfal-copy-o�the-Gha it#the Reesrds-ot,.t49-G4y.Th r a sept'-of said Charter;which fes#-ttie Ghanw se n e€ arde y the4Aayeradopte ut4entcated-a is the 2ecretary-4 -t#ie-stataa#--Texas-an vote-et-the registered voters-vst44"t-such-election- Arguments itt favor-of the proposed antencPment: The proposed amendment deletes an outdated section that governed the submission of.'the original Charter to the voters in 1977. The election to approve the Charter occurred over 40 years ago and the section is no longer needed. Arguments in opposition of the proposed antendment: The current language does not cause a problem. I.,eaving the language in place gives a historical reference to the original Charter and how things have changed over time. The Charter should be left as is. 7