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2003 Recommendations 'ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. July 24, 2003 N Mayor le Maxwell v v Mayor Pro Tem Tom Nielson Councilmember Alan McGraw Councilmember Carrie Pitt Councilmember Scot Knight Councilmember Scott Rhode Councilmember Gary Coe Re: Official Report of the 2003 Round Rock Charter Review Commission Dear Mayor Maxwell and Councilmembers: As Chairman of the 2003 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 and summarizes the recommended amendments and includes a"redlined"version of the amendments. 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, '7 — Rol . Stlu a, Jr., C irman Mayor Charter Review Commission Nyle Maxwell Mayor Pro-tem On behalf of the Commission Members: Tom Nielson Steve Laukhuf, Vice-Chairman Council Members Karen Adair-Murphy Alan McGraw Cary Bovey Carrie Pitt Jim Goodwin Scot Knight Rufus Honeycutt, and Isabel Callahan Scott Placek Gary Coe City Manager Jim Nuse City Attorney Stephan L.Sheets CITY OF ROUND ROCK zzi East Main Street•Round Rock,Texas 78664 Phone:512.2i8.5400 Fax:512.218.7028•www.ci.round-rock.tx.us The Charter Review Commission's Official Report on Its Findings and Proposed Charter Amendments Presented to The City of Round Rock Mayor and Council This report is being presented to the Mayor and Council pursuant to Section 13.12 of the Round Rock Home Rule Charter. The Round Rock Charter Review Commission ("Commission") held six (6) 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 made the following recommendations for amendments to the Charter. 1. To amend Sec. 4.01 (a) to provided that the City Manager shall be bonded in an amount to be determined by the City Council. 2. To amend Sec. 4.01 (d) to provide that the City Manager shall have the power to appoint one or more Assistant City Managers. • 3. To amend Sec. 4.01(e) to clarify the provisions for designating an Acting City Manager, as well as when the duties of the Acting City Manager shall cease. 4. To amend Sec. 3.05, to add a new Sec. 4.01 (f) and to add a new Sec. 4.01 (g) to provide that the City Council may by ordinance set a maximum amount for which the City Manager shall be authorized to execute contracts and to provide limited authority for the City Manager to execute on behalf of the City certain standard form documents. 5. To amend Sec. 8.08 to allow for the Mayor or City Manager to sign checks and countersigned by an authorized designee. 6. To amend Sec. 8.10 to eliminate the requirement for publishing a summary of the audit, to provide that a copy of the audit be placed in the library, and to publish notice that a copy of the audit is available to the public. 7. To amend Sec. 10.10 to provide that the City may contract with another governmental entity to assess and collect City taxes. • Charter Review Commission Official Report Continued 8. To repeal Sec. 10.08 regarding the Board of Equalization. 9. To repeal Sec. 11.09 regarding the regulation of utility and other rates. 10. To add a new Article providing for police department disciplinary procedures. 11. To add a new Section establishing the requirements to amend § 7.500 of the Code of Ordinances regarding police department disciplinary procedures. A "redlined" version of the recommended proposed amendments is attached. Dated this 24th day of July, 2003. Respectfully submitted, 2"A. uka, r Review Commission Bt Chairman On behalf of the Commission Members: Steve Laukhuf, Vice-Chairman Karen Adair-Murphy Cary Bovey Jim Goodwin Rufus Honeycutt, and Scott Placek 2 • I. AMENDING CITY MANAGER PO WEBS & D UTIES; PROVIDING FOR ASSISTANT & ACTING CITY MANAGER SECTION 3.05 MAYOR AND MAYOR PRO-TEM The Mayor shall be the official head of the City government. The Mayor shall be the chairman of, and shall preside at all meetings of the City Council. The Mayor shall vote on every proposition before the City Council, but shall have no power to veto. The Mayor shall see that all ordinances, bylaws; and resolutions of the City Council are faithfully obeyed and enforced. Except as provided in Section 4.01, tThe Mayor shall, when authorized by the City Council, sign all official documents such as ordinances, resolutions, conveyances, grant agreements, official plats, contracts, and bonds. The Mayor shall appoint special committees he or she deems advisable and as instructed by the City Council. The Mayor shall perform such other duties consistent with this Charter or as may be imposed upon him or her by the City Council. The Mayor Pro-tem shall be a Council member elected by the City Council at the first regular City Council meeting following each regular City election. The Mayor Pro-tem shall act as Mayor during the disability or absence of the Mayor, and in this capacity shall have the rights conferred upon the Mayor. SECTION 4.01 CITY MANAGER • (a)---Appointment andQualifications: The City Council by majority vote of the entire City Council shall appoint a City Manager. The method of selection shall be left to the discretion of the City Council so long as the method insures orderly, nonpartisan action toward securing a competent and qualified person to fill the position. The City Manager shall be chosen solely upon the basis of such person's executive and administrative training, experience and ability and need not when appointed be a resident of the City; however, during the tenure of his or her office the City Manager shall reside within the City. The City Manager shall be bonded at City expense in an amount to be determined by the City Council , des. (b) Compensation: The City Manager shall receive compensation as may be fixed by the City Council according to his or her experience, education, and training. The compensation shall be agreed upon before appointment with the understanding that the City Council may change it at their discretion. • @PF Dcsktaft:ODMA/WORLDOX/O:/W DOX ICO RR/GNL/CH ART R03/00053107.WPD/s1s 1 • (c) Term and Removal: The City Manager shall not be appointed for a definitive term but may be removed at the discretion of the City Council, by vote of the majority of the entire City Council. The action of the City Council in suspending or removing the City Manager shall be final. It is the intention of this Charter to vest all authority and fix all responsibilities of such suspension or removal in the City Council. (d) Powers and Duties: The City Manager shall be the Chief Administrative Officer of the City, and shall be responsible to the City Council for the proper administration of all the affairs of the City and to that end shall have the power and shall be required to: (1) see that all state laws and City ordinances are effectively enforced; (2) appoint, suspend or remove all or any one of the directors of departments, except as otherwise provided in this Charter; (3) appoint, suspend or remove such Assistant City Managers as may be deemed necessary by the City Council to assist the City Manager in carrying out the day to day management responsibilities; • (34) attend all meetings of the City Council except when excused by the City Council, and shall have the right to take part in the discussions; (45) prepare the budget annually and submit it to the City Council and be responsible for its administration after its adoption; (56) prepare and submit to the City Council at the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year; (67) keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem advisable; (78) make other such reports as the City Council may require concerning the operations of City departments, offices and agencies subject to his or her discretion and supervision; and ($9) perform such other duties as may be prescribed by this Charter or required by the City Council, as consistent with this Charter. • 2 • (e) Assistan Acting City Manager: The City Manager, within sixty (60) days after taking office, shall designate by letter filed with the City Secretary, a qualified administrative officer of the City to perfbrm the duties of the eity Manager be the Acting City Manager in his or her absence or disability. Such designation shall be subject to the prior approval of the City Council. The Assistant Acting City Manager is authorized to perform the same powers and duties as the City Manager while acting in the City Manager's stead. No member of the City Council shall serve as Assistant Acting City Manager. From time to time the City Manager may remove and appoint another Assistant Acting City Manager, also with the prior approval of the City Council. The Acting City Manager shall perform the duties of the City Manager until the City Manager returns or his or her disability shall cease or until the City Council designates another person to perform such duties. (f) Contracts and Purchases: The City Council may by ordinance set a maximum amount for which the City Manager shall be authorized to execute contracts and/or to expend funds for budgeted items;provided however, that all contracts and expenditures must comply with state laws requiring competitive bids. The City Council may by ordinance establish an amount above which all contracts or purchases must be approved in • advance by the City Council. All contracts and purchases shall be handled in a manner to obtain the best value for the City. (g) Execution of Documents: The City Manager shall have the authority to execute on behalf of the City, standard form documents, including but not limited to deeds, releases of liens, rental agreements, easements, right-of-way agreements,joint use agreements, and other similar documents, under the following conditions: (i) The execution of the document is necessary to carry out a public works project; utilize, maintain or improve a City facility, street, right-of-way, easement, park or other City property, or to implement other City policies; provided that such project, program or policy has been approved by the City Council; (ii) That all blanks are filled in on any document correctly and that such document is consistent with the objectives approved by the City Council; and (iii) That the form of such document shall be approved by the City Attorney. • 3 • H CHECKS, ETC. COUNTERSIGNED BY DESIGNEE SECTION 8.08 DEPOSITORY All monies received by any person, department or agency of the City for or in connection with affairs of the City shall be deposited promptly in the City depository or depositories, which shall be designated by the City Council in accordance with such regulations and subject to such requirements as to security for deposits and interest thereon as may be established by ordinance. All checks, vouchers, or warrants for the withdrawal of money from the City depositories shall be signed by the Mayor and or City Manager and countersigned by an authorized designee, as approved by City Council ordinance. Provided, that the City Council, under such regulations and limitations as it may prescribe, may by ordinance authorized the use of machine-imprinted facsimile signatures of said Mayor and City Manager and authorized designee on such checks, vouchers and warrants. • • 4 • IIl. COPY OF AUDIT AVAILABLE TO PUBLIC SECTION 8.10 INDEPENDENT AUDIT At the close of each fiscal year, and at such other times as it may be deemed necessary, the Council shall cause an independent audit to be made of all accounts-of the City by a certified public accountant. The certified public accountant so selected shall have no personal interest, directly or indirectly, in the financial affairs of the City or any of its officers. Upon completion of the audit,-the smxnnaty thereof shail be pubfished inm=diately in the official newspaper of the efty and copies of the mit a copy of the audited annual financial report shall be placed in the public library and placed on file in the City Secretary's office as public record. A notice shall be published in the official newspaper when the aforesaid copies of the audited annual financial report are available to the public. • 5 IV. CONTRACT WITH OTHER GOVERNMENTAL ENTITY TO COLLECT TAXES SECTION 10.01 DEPARTMENT OF TAXATION There shall be established a Department of Taxation to assess and collect taxes, the head of which shall be the the-Director of Finance. The Director of Finance shall give a surety bond for faithful performance of his or her duties, including compliance with all controlling provisions of the state law bearing upon the functions of such office, in a sum which shall be fixed by the City Council at not less than five thousand dollars($5,000.00.)Notwithstanding the foregoing, the City Council may contract with an outside agency or other governmental entity to assess and collect City taxes and to perform the duties of the City's Tax Assessor/Collector. • 6 V. REPEAL BOARD OFEQUALIZATION serving,(a) Pdght to contract with othe, mtmicipalities. The eity eomicif shalf be empowered to contra-It by ordinmice or resoftition with any other tnunicipaiity or district located entirely or partfy within the corporate litnits of the eity with regard to the intittial assessment, equafization, and collection of taxes. fn the event the eity does enter into such a contraet, the appointment procedures an Equalization shail be negotiabie mTd determined in accordance wiffil the best interest of the eity at that time and shall be made a part of the eonfract. (b) Appointment mid Quafifications. fn the event the eity does not contract vv ith another nitiniciptility or district for the intittza assessment, equalizadon,mid coflection of taxes, then the folio vy i, hail appfy. (e) The Board of Equalization shaif cmisis t of three members vv ho shall be registered votm s and real property o vv ners in the eity , none of vv horn shaii be employ ees, officers, or appointedby majority vote of tite eity eouncil and shall serve fbr two(2)year terms. The appointments shall be made at the second replar meeting of the eity eo=eil in May 0 each year At the first meeting of the eity eommil held after the decision to act under Section iO.08(b)of this eharter, the eity 6o-aneii shall appoint two members ofthe Board to serve fbL two (2)years and one member to ser ve fbr one (f)year. f f owever, such initial Boar appointments shall expire on the day of ffie second regular eity eotincit mecting in May of the appropriate year regardless of when made. Thetcafter, all members shall be appointed fbr two (2) year terms. At the same meeting that the eity eouncit appoints such Board, it shall fix the tirlie MT plaee of the first meeting of such Board, which shaH be not later than the first day of Jvrte. The eity Tax Assessor,'eollector or such person appointed by the eity Mmiager shall ac as seci etary to said Board. A majority of said B=rd membet s qualified mid serving shall constitute a qttoL mn fbr the transaction of business.Members of said Board,whiie Tto othm dutin foL the eity. The Board of Equalization shall have such pomers as enumerated herein and such additional powers as may be prescribed by ordinmTee, M! statutes of the state of Texas as now or hereafter aniended; and shali be govemed by such rales and regtriations as may be ptescribed by ord.nance, but may adopt such further rttfes and regufations of its own which art not in conflict with any eity ordinmTee or law of the • 7 • state of Texas. (d) Pomers mid Buties. The Board of Equalization shall have the pomer mid it shall be its daty too (1) electa ehain-nan ftom its membership who shaff preside at aH meetings of the Board; (2) adopt repriationstegarding the procedure of assessment review-, (3) after its first meeting, adjotirn and recomene as necessary to peif6itzi.its dades; (4) Leview, on complaint of property omners, assessments made by the eity Tax Assessorieollector for the purpose of taxation of both real mid persortaf property within the , (5) hold hearings, administer oaths and take testimony; (6) compel the production of all books, documents and other papers pertinent to tit owning property within the corporate fimits of the eity sabject to taxation mid to parish f6r contempt as provided by ordinance; • (�7) correct arty errors that my appear on the eity Tax ' books; (8) examine, and if necessary, revise the assessments as presented by theeity T Assessorieoiiector tothe end that a-H property within the eity shall be assessed so fairly and artif6rmly as possible-, (9) whenever the Board shaii find it their dtity to raise the valtle of a u y property appearfiig on the lists or books of the eity Tax*ssessorieollector, it shall, after h i - . cd streh lists and books =d eorrected aH errors appearing therein, adjourn to a day not less than ten (10) nor more thati fifteen (H)days frortithedate of adjourinneirt and shail catisethe Secretary of the Boar to give written notice to the owner of said property or to the person rendering satiie, of the time to which the Board has adjonrned and that stteh owner or persort, rendering said property may at any time appear and show cattoe vvhy the value of said property should not be raised. Such notice shail .be served by addressing same to stich persort's last latown address mid depositing , postag paid, in the United States mail; and (f E)) give notice of the date, time and place of all public meetings of the board at leas ten (10) days prior to such meeting(s) by a&vertisilir, SaTTIC. in the Official nemspapet of the eity. • 8 • • 9 • Vi REPEAL RATE JURISDICTION fights,sEegFieN if.og REGULATION OF RATES The eity eotateit shaff have the power by ordirtance to fix mid regaiate, after pttbiie hearing an reasonable notice as provided in Sect6on 3.13 of tfiis ehaTter, the price of water, gas, eiectric services.electric powei mid steam heat, and to regaiate and fix the fares, charges of ail ptrbfiL. transportation o everyidnd, whether trmisporting passengers, freight or baggage, and generally to fix and regulate the rates and charges of all pttbfic tifilities of every ldnd operating within the corporate limits of the efty, includir arty person, bminess or corporation pro viding cabic television or conlTMIllity MItCniia tefevision • 10 V. ADDING POLICE DEPARTMENT DISCIPLINARYPROCEDURES ARTICLE 12 POLICE DEPARTMENT DISCIPLINARY PROCEDURES SECTION 12.01 PURPOSE The purpose of this Article is to establish procedures for the appeal of certain disciplinary actions for Officers (as defined below) of the Round Rock Police Department. This Article is not applicable to the Chief of Police or to employees of the Police Department who are not sworn police officers or to police officers who are in a probationary period. SECTION 12.02 DEFINITIONS (a) Chief. "Chief" means the Chief of Police of the Round Rock Police Department. (b) Day. "Day" means a calendar day. (c) Demotion. "Demotion" means a change in duty assignment of an Officer from a position in one pay grade to a position in a lower pay grade. (d) Department. "Department" means the City of Round Rock Police Department. (e) Disciplinary Matrix. "Disciplinary Matrix" means the disciplinary matrix adopted, maintained and amended from time to time by the Chief. (f) HR Director. "HR Director" means the City's Director of Human Resources. (g) Officer. "Officer" means a sworn police officer employed by the Department who has served for one year following the successful completion of the Department's field training program. (h) Probationary Officer. "Probationary Officer" means a sworn police officer employed by the Department who has not completed the Department's field training program or who has served for less than one year following the successful completion of the Department's field training program. (i) Suspension. "Suspension" means a disciplinary action whereby an Officer is involuntarily relieved of duty for more than twenty-four hours without pay. Suspension, as used herein, does not mean being relieved of duty for twenty four hours or less or being relieved of duty without loss of pay. (j) Termination. "Termination"means a disciplinary action whereby an Officer is permanently relieved of duty. • 11 • SECTION 12.03 APPEALS TO A HEARING EXAMINER (a) Notice of Appeal. If the Chief determines to impose a disciplinary action that includes Suspension, Demotion, or Termination, and the Officer is not satisfied with such decision, the Officer may elect to appeal the decision to a Hearing Examiner. In order to exercise the right of appeal, the Officer shall file with the Chief a written notice of appeal on forms provided by the City within three(3) calendar days of being notified of the Chief's decision to impose Suspension,Demotion, or Termination. The written notice of appeal shall not be effective unless the Officer agrees to waive and release any and all rights the Officer might have to appeal the Chief's decision to a court of law. (b) Selection of Hearing Examiner. Upon receipt of the written notice of appeal, the Chief shall notify the HR Director. The HR Director and the Officer shall attempt to agree on the selection of a Hearing Examiner on or before 10 days after the date the notice of appeal is filed. If no agreement is reached within the specified time, The HR Director shall request a list of seven qualified neutral arbitrators from the American Arbitration Association or the Federal Mediation and Conciliation Service or their successors in function. The Officer and the HR Director may agree on one of the seven arbitrators on the list. If they do not agree within 25 days after the date the notice of appeal was filed, the Officer and the HR Director shall on the 25"'day after the appeal was filed alternate striking a name from the list and the name remaining is the Hearing Examiner. In the event that the 25`h day falls on a Saturday, • Sunday, or a legal holiday, then the parties shall strike the list on the next work day. The parties shall agree on a date for the hearing that is within the time period prescribed in paragraph (c) below. (c) Hearing Examiner's Jurisdiction and Authority. The Hearing Examiner has jurisdiction to hear appeals from a decision of the Chief to Suspend, Demote or Terminate an Officer. Upon consideration of the testimony, evidence,arguments, and briefs,the Hearing Examiner may affirm, modify, or reverse the decision of the Chief. If the Hearing Examiner determines to modify the decision, the Hearing Examiner's authority to so modify is limited to the level of discipline outlined in the Disciplinary Matrix. (d) Anneal Hearing. The appeal hearing shall begin as soon as possible, but in any event within 60 days after the date the appeal is filed. If the hearing is not begun within 60 days after the date the appeal is filed, the Suspension, Demotion or Termination is upheld and the appeal is withdrawn if the Officer is not ready to proceed and the appeal is sustained if the Chief is not ready to proceed. In computing the 60-day period, a period of delay not to exceed 30 calendar days because of a continuance granted at the request of the Chief or the Officer on good cause being shown, or because of the unavoidable unavailability of the Hearing Examiner on the date of the hearing. In no event may a Hearing Examiner grant a continuance of more than 30 days in a hearing involving Termination. A Hearing Examiner may grant a continuance beyond the 30-day period upon good cause being shown in a hearing involving Suspension or Demotion unless the Officer has another disciplinary action pending. • 12 • (e) Subpoenas. The Hearing Examiner shall have the power to issue subpoenas. (d) Expedited Procedure. The parties may agree to an expedited hearing procedure. Unless otherwise agreed by the parties, in an expedited procedure the Hearing Examiner shall render a decision on the appeal within 10 days after the date the hearing closed. (f) Non-expedited Procedure. In an appeal that does not involve an expedited hearing procedure, the Hearing Examiner shall make a reasonable effort to render a decision on the appeal within 30 days after the date the hearing ends or the briefs are filed. The Hearing Examiner's inability to meet the time requirements imposed by this paragraph does not affect the Hearing Examiner's jurisdiction, the validity of the disciplinary action, or the Hearing Examiner's final decision. (g) Final Decision. The Hearing Examiner's decision is final and binding on all parties. No party shall have the right to appeal a Hearing Examiner's decision except as provided in paragraph (i) below. (h) Fees and Expenses. The Hearing Examiner's fees and expenses are shared equally by the Officer and the City. The costs of a witness are paid by the party who calls the witness. (i) District Court Appeal. A district court may hear an appeal of a Hearing Examiner's award only on the grounds that the Hearing Examiner was without jurisdiction or exceeded its jurisdiction or that the order was procured by fraud, collusion, or other unlawful means. If the basis for the appeal of the Hearing Examiner's award is based on the grounds that the Hearing Examiner was without jurisdiction or exceeded its jurisdiction, the petition must be • filed in district court within 10 days of the Hearing Examiner's decision. An appeal must be brought in a district court in Williamson County, Texas. 13 VL ADDING REQUIREMENTS FOR AMENDMENTS TO§ 7.500 OF THE CODE OF ORDINANCES REGARDING POLICE DEPARTMENT DISCIPLINAR Y PR O CED URES SECTION 12.04 AMENDMENTS TO SECTION 7.500, CODE OF ORDINANCES, POLICE DEPARTMENT DISCIPLINARY PROCEDURE Any ordinance which amends Section 7.500, Code of Ordinances, Police Department Disciplinary Procedure shall not be finally passed until all of the following have occurred: (a) Notice of the proposed amendment shall be posted on the official Police Department bulletin board for at least fourteen (14) days prior to the first public hearing to be held on the proposed amendment. The notice shall also include the date, time, and place of the first public hearing required below. (b) At least two public hearings on the proposed amendment shall be held by the City Council at regular Council meetings. The first reading of the ordinance shall not occur at the same meeting as the first public hearing. The second public hearing may be held at the same meeting as the first reading of the ordinance. (c) The ordinance must be read at two separate regular meetings of the City Council. The City Council may not dispense with the second reading of the ordinance. 14