Minutes - Regular Meeting - 9/8/1999 CHARTER REVIEW COMMISSION MEETING
dr SEPTEMBER 8, 1999
The Round Rock Charter Review Commission met on Wednesday, September 8, 1999 at 6:00
p.m. in the City Council Chamber, 221 E. Main Street.
ROLL CALL: Those members present were Commissioners Mike Robinson, Gary Coe,Rusty
Boles,Ken Cowan,Bradley Ellis,Norman Horowitz, and Rodney Howard. Also present were
Assistant City Manager/City Secretary Joanne Land and City Attorney Steve Sheets.
APPROVAL OF M=ES: AUGUST 18. 1999
Commissioner Howard said that he was out of the room when the vote was taken approving the
minutes.
MOTION: Commissioner Horowitz moved to approve the minutes as amended. Commissioner
Coe seconded the motion.
VOTE: Ayes: Commissioner Boles
Commissioner Coe
Commissioner Cowan
Commissioner Ellis
Commissioner Howard
Commissioner Horowitz
Commissioner Robinson
Noes: None
ACTION: The motion carried unanimously.
CITIZEN COMMUNICATIONS: None
CONSIDER PUBLIC TESTIMONY CQh10ERhUNG THE CURRENT ED—UhM ROC&=
CHARTER,
Chairman Robinson opened the public hearing. There being no public testimony,the public
hearing was closed.
Charter Review Commission
September , 1999
NO
J
CONSIDER DI CU SIGN BY CITY STAFF AND CQUSUSSIONERS CONCERNING
ALL ASPECTS OE THE CITY CHARIER.
Steve Sheets outlined the attached draft of proposed changes that were recommended at the last
meeting.
Section 3.12 Yoting
This amendment was proposed by Commissioner Howard. It would allow the Council to
abstain on any vote and the Councilmember would not have to have a conflict of interest in order to
abstain from voting.
Section 5.01 Cid Elections
This proposed amendment was from the City Attorney and would clarify the language on
Special Elections.
Section 5.02 Filing for Office
The proposed amendment clarifies that a City employee can file for an elected office in another
city but not the City of Round Rock. It also offers a candidate the alternative of submitting a petition
for a place on the ballot rather than paying a filing fee and outlines what is necessary on the petition.
Commissioner Howard pointed out that Commissioner Boles was interested in raising the fee
from $50 to $100.
Section 5.03 Official Ballots
This proposed amendment was from the City Attorney's office. In order to make the Charter
consistent with the other sections of the Charter;the word was changed to Qualifie
Section 6.02 Petition for Recall
2
Charter Review Commission
September , 1999
IL
There were many comments and recommendations made on this section. A first draft was
created from those discussions. The Commission will need to vote and decide by majority the final
language. Theo y changes that were made were the word rrgaistered was changed to qualified,lag
published was changed to c ent Y certified and what is required on a petition was placed in an outline
form.
Section 6.03 Recall Procedure
The word registered was changed touaq lified in this section.
Section 6.04 Form of Recall Petition
The word re i�g stere_d was changed to qualified this section. In addition,the following needs to
be included in the form: Signature,Printed Name, Address, including county,Date of Birth, and Voter
Registration No. This will assist the City Secretary in verifying the signers of the petition.
Section 7.01 General Authority
This is the language that the Bond Counsel requested. This adds a specific time frame for the
Council to reconsider an adopted ordinance concerning a referendum relating to Bonds or Certificates
of Obligation.
Section 7.02 Commencement of Proceedings:Petitioners' Committee;Affidavit
The words or more were added to allow more voters to be a part of the Committee.
Section 7.03 Petitions
There were various recommendations made on the number of votes that were needed on the
petition. This first draft was created from those discussions. The Commission will need to vote and
401 decide by majority the final language. A change was made from 20Y-Q to.1SZln on the number of voters
and total qualified voters was added as opposed to who voted in the last Municipal election.
3
Charter Review Commission
September 8, 1999
IL
Commissioner Howard said that he would rather retain the original language and not make it
more difficult for people to go through the initial process.
Mr. Sheets added that requirements for the petition were placed in an outline form.
Section 7.06 Action of Petitions
This adds.... eig ep rcent 180%)0 the...
Section 7.08 Results of Election
The word reeistered electors was changed to Qualified voters.
Section 8.04 Administration of Budget
This was not discussed at the last meeting but it came up during discussions between the City
Manager and the Finance Director. The Council has requested in the past to receive the financial
condition of the City by budget item at least quarterly rather than monthly.
Section 12.03 Members Filing for Office
The addition clarifies that a member of a City Board or Commission can file for any
elected office other than of that of the City of Round Rock.
Mr. Sheets noted that he will provide another draft of recommendations that the Commission
wishes to add and consider at their next meeting.
Commissioner Howard said that he would like to have seen Commissioner orowitz's
comment included regarding pay raises for the Council. That if a pay raise was granted that it take
affect at a later date and not during their term and would occur upon reelection. Commissioner Howard
also said that he would like to see discussion on some type of term limits. In regard to referendum to
Ir
recall and he would like to see a reversal of the language from the 10%of the registered voters concept
4
Charter Review Commission
September 8, 1999
to one of participatory nature and would like Section 6.02 to read similar to 7.03 prior to its draft
change.
COMMISSIONERS COMMENTS:
Commissioner Howard read the Mission Statement of the City that is included in the Annual
Operating Budget.
Chairman Robinson noted that the Charter Review Commission meeting scheduled for
September 29th is cancelled and the next meeting will be October 1 , 1999. The Commission will vote
on each recommendation separately.
ADJOURNMENT:
There being no further business,the meeting adjourned at 6:48 p.m.
Respectfully Submitted,
Christine Martinez
Assistant City Secretary
5
9-g 99
SECTION 3.12 VOTING
The City Council shall provide for minutes being taken and recorded all meetings, and such
minutes shall be a public record. Except as required by state law, there shall be no requirement for the
taking and recording of minutes of meetings held in executive or closed session in accordance with Texas
Gov't Code Ann., Chapter 551® Voting, except on procedural motions, shall be by roll call and the ayes
and nays shall be recorded in the minutes.
I ,
l s�-
DAoi-t
C.\aP S\CharterReviev\ acts 5a lale 1
SECTION 5.01 CITY ELECTIONS
(b) Special Elections.
e City Council may, by grw� cr .resolution, order a special election under
conditions specified elsewhere in this Charter, or for rendurnof
ordinances, bond issues, Charter amendments, recall ; �o nci a yrs or
other purposes deemed appropriate i Council. The City Council will fix time and
lace for holding such special elections, and provide all means for holding same.
2
IL
I SECTION 5.02 FILING FOR OFFICE
(b) Additional restrictions. In addition to the foregoing qualifications, the following restriction's
shall apply:
(1) An incumbent seeking reelection must file for the same position number presently
serving.
( ) No candidate may file for more than one office or position number per election.
( ) No employee e City shall continue in such position after filing for an elective
office-ref the City.
( )
w J£...;Mra.£�OX:v. :9•< _ >, ,:.. ,wq�L4' �z '
... .. .®. ... e
a e' �y ei er(1) a fee ® ,nesdd s ( w ), Q ti®n
gignedgbKK �,y:.. ual a ," trsresi ' .,e.e��i a 1`. t®
f` ) anIY7five, �< "one al a r" t o . t l dote V,&X11
y a ® 111,0„<
Pttob ' Y"11,3® the ®v the a Candi a 's orri
applicat�or��. M��h,snernext toshs�r her signature shall inndicate the signer's�date
ofirthdu '"f ira� esiger�ned fam and�thrtreet addrsso£his
or her p�la�e �� derx ;inclti"dn� khe�Y�ounty.of residence j
III ,,
SECTION 5.03 OFFICIAL BALLOTS
( ) Ballots for Ordinances, Bond Issues, and Charter Amendments.
An ordinance, bond issue or Charter amendment, to be voted on by registered qualified
voters of 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 majority
of the entire City Council describing the substance of the measure without argument or
prejudice. Below the ballot title shall appear the following question: "Shall the above
described (ordinance) (bond issue) (Amendment) a adopted?" Immediately below or to
the left of such question shall appear, in the following order, the words "Yes" and "No"
each with a box in which the voter may cast his or her vote by markinga cross(X).
Ij'�
4
L SECTION 6.02 PETITION FOR RECALL
Before the question of recall of such officer shall be submitted to the qualified voters of the City;
a petition demanding such question to be so submitted shall first be filed with the person performing the
duties of the City Secretary; which said petition shall be signed by qualified voters of the City equal in
number to at least ten percent ) of the number of registered q µ�1voters as
c r"ifik4 jq,lby the County Election Administrator.
Such petition shall contain a general statement of the grounds for which
the removal is sought.
Ansi r n a titin for c v - Y ' � o c tid ov, ififormlcii
y res o` ach.s'i
(a) the i �re � :.,__ c"s e:1 .... n: e' ... .
(b} tha si r' " `f e i ner' w�o a �s& do A u
(c) aa,, Aofu ibn ^
(d) thc,,sigtier's
6
5
SECTION 6.03 RECALL PROCEDURE
Any-registered qualified voters of the City may make and file with the person performing the duties
of CitySecretary an affidavit containing the name or names of the officer(s)whose removal is sought and
a statement of the grounds for removal. The City Secretary shall immediately notify in writinge officer(s)
sought to be removed that the affidavit has been filed and shall inform the officer(s) of its statement of
grounds. The City Secretary shall within a period of two(2) working days from the time the affidavit was
filed thereupon make available to the registered qq#Eified, voters making such affidavit copies of petition
blanks demanding such removal. The City Secretaryshall keep a sufficient number of such printed petition
blanks on hand for distribution. Such blanks when issued by the City Secretaryshall bear the signature of
the City Secretary and be of such form as prescribed in Section 6.04 of this Article, and shall be numbered,
dated, and indicate the name of the person to whom issued. The City Secretaryshall enter in a record to
be kept in his or her office the name of the registered ct4gLfi�o,,ivoters to whom the petition blanks were
issued and the number to said person.
6
SECTION 6.04 FORM OF RECALL PETITION
The recall petition mentioned above must be addressed to the City Council of the City of Round
Rock, must distinctly and specifically state the ground(s) upon which such petition for removal is
predicated, and, if there be more than one ground, such as for incompetency, noncompliance with this
Charter, misconduct or malfeasance in office, shall specifically state each ground with such certainty as
to give the officer sought to be removed, notice of such matters and things with which he or she is charged.
Recall petition papers provided by the person performing the duties of CitySecretary shall be in form
substantially s follows:
We theundersigned registered qualified voters of the Ci o Round Rock hereby demand'
the questiono removing (Name Person) from the office of (Name o Office) be
submitted to a vote of the registered gaixfied Tvotrs of the City. The charges and
specifications upon which this demand for removal is predicated are as follows:
is
' ::. `,.',�,Q,;a .,, Y .,ta .r, a ky;t1 ' .,"'�",i„�,,✓ 1%. .:Pw:" .b�;r�° -' r�r.�"" tee. �"
w 4,a T- 5...__,tv._vJw,.. .e � �� dregs, "`clu
The signatures shall be verified by oath in the following form:
"STATE OF TEXAS §
COUNTY OF WILLIASON §
I, -, being first duly sworn, on oath depose and say that I am one
of the signers of the abovepetition; and that the statements made therein are true, and that
each signature appearing thereto was made in my presence on the day and date it purports
to have been made, and I solemnly swear that the same is the genuine signature of the
person whose name it purports to be.
Sworn and subscribed to before me this y o ,
Notary blic in and for
IVis. Williamson County, Texas"
7
IL SECTION 7.01 GENERAL AUTHORITY
(b) Referendum.
The qualified voters of the City shall have power to re'quire reconsideration a it
Council of any adopted ordinance and, if the City Council fails to repeal an ordinance so
reconsidered, to approve or reject it at a City election,provided that such power shall not
extend to the budget or capital program or any emergency ordinance or ordinance relating
to appropriation of money or levy of taxes, or applicable to zoning, or to bonds issued
pursuant to the authority of an election or elections theretofore held air testy; t o"a
or ince rale o &c . ° of o li ati`i o ss i oiit u o
<• . ..
o ,K_ltsn; ,ea toe a ecq i eti i p a "� 'W
.,-N _,. .
( 0)days°following a adoption PfA6 6rdtitin ce
8
�
SECTION 7.02 COMMENCEMENT OF PROCEEDINGS;
PETITIONERS'-COMMITTEE; AFFIDAVIT
Any five (5) or ore' ualified voters of the City may commence initiative or referendum
proceedings y filing with the r City Secretaryan affidavit stating that they will constitute the petitioners'
committee and be responsible for circulating the petition and filing it in proper form, stating their names
and addresses and specifying the address(es) to which all notices to the committee are to be sent, and
setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.
Immediately after the affidavit of the petitioners' committee is filed, the person performing the
duties of CitySecretary shall issue the appropriate petition blanks to thepetitioners' committee.
r
9
/j
SECTION 7.03 PETITIONS
(a) Number of Signatures.
Initiative and referendum petitions must be signed by qualified voters of the City equal i
number to at least rc "(1 )$of the number of east
� .
LL%JLAtotaI_gtiaiTf vote"f the City,' cuiientl�cerhfie i
Wt4e County Election AdrrdnistrAtdi, or 250, whichever is greater.
(b) Form and Content.
All papers of a petition shall be uniform in size and style ands all be assembled as one
instrument for filing.
Petitions shall contain or have attached thereto throughout their circulation the
fall text of the ordinance proposed or sought to be reconsidered.
e p,6 t ido,,indIii 6
f .: �q , ,tart , r _. .
e"si 41 ia c
10
SECTION 7.06 ACTION ON PETITIONS
(d) Withdrawal of Petition.
An initiative or referendum petition may be withdrawn at any time prior to the time the
petition has been determined to be sufficient by filing with the City Secretary a request for
withdrawal signed by at least €etrr-- 4) i e ,t (� , ; � members of the
W a r .� ti
petitioners'committee. Upon filing of such request,the petition shall have no further force
or effect and all proceedings thereon shall be terminated.
iL
E
11
SECTION 7.08 RESULTS OF ELECTION
(a) Initiative.
If a majority the registered eleetffs qualified-V6ters"Votingon a proposed initiative
ordinance vote in its favor, it shall be considered adopted upon certification of the election
results and shall be treated in all respects in the same manner as ordinances of the same
kind adopted by the City Council. If conflicting ordinances are approved at the same
election, the one receiving the greatest number of affirmative votes shall prevail.
(c) Referendum.
If a majority of the alifiedmvoters votinon a referred ordinance vote
against the ordinance, it shall be considered repealed upon certification of the election
results. If a majorityof a mli Nr ,vot' on a referred
ordinance vote for the ordinance, it shall be considered in effect and petition shall become
void.
/i/„
,,r
12
SECTION 8.04 ADMINISTRATION OF BUDGET
( ) Financial Reports.
e City Manager shall submit to the City Council at'
le ( rl ',,the financial condition of the City by budget item, budget estimate versus
accruals for the fiscal year to date. The financial records of
the City will be maintained on an accrual basis to support this type of financial
management.
�J
di .
13
A .
SECTION 12.03 MEMBERS FILING FOR OFFICE
No member of a Board or Commission shall continue in such position after filing for an elective
office'of a City
14