02-05-2015 Minutes1
MINUTES
REGULAR MEETING
February 05, 2015
A Meeting was held by the Schertz Charter Review Commission of the City of Schertz,
Texas, on February 05, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex
Administration Conference Room, 1400 Schertz Parkway, Building #2, Schertz, Texas. The
following members present to -wit:
Mark Davis Chair
Member Bert Crawford
Member Jana Volitis
Staff Present:
City Manager John Kessel
City Attorney Charles Zech
City Secretary Brenda Dennis
Deputy City Secretary Donna Schmoekel
Guests Present:
Michael Dahle — Vice Chair
Member Reginna Agee
Mr. Robert Brockman, 1000 Elbel Road, Schertz Texas.
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The meeting was called to order at 6:02 p.m. Chair Davis welcomed everyone and opened
the discussion up to any residents.
Mr. Robert Brockman addressed the commission with a question regarding how changes to
the charter recommended by the commission would be placed on the ballot. City Attorney
Charles Zech explained that the process for wording ballot initiative would be addressed later
in the commission process based on the final recommendation of the Charter Review
Commission.
Minutes — Consideration and/or action approving the minutes of January 16, 2015, and
January 22, 2015 meetings.
After a brief discussion by the commission, a motion was made by Commission
Member Crawford and seconded by Vice Chair Dahle to approve the January 16,
2015 minutes as written. The vote was unanimous, motion passed.
During a discussion regarding the January 22, 2015 minutes the following items were
revised:
• Amend page 1, paragraph 1 to add the line "The. City staff agreed to take action to
increase awareness of the Charter Review Commissions meetings."
• Amend page 3, Section 4.07 Prohibitions, Paragraph 4, to read, `Chair Davis
recognized Vice Chair Dahle who moved, seconded by Commission Member
2 -05 -2015 Charter Minutes
Volitis to change sub section (d) Admission of Liability, to delete the words `or
employees of the city."
A motion was made by Vice Chair Dahle, seconded by Commission Member Volitis
to approve the January 22, 2015 minutes as amended. The vote was unanimous,
motion passed.
2. Review proposed revisions to Sections 1.02 (c), 2.01, 2.02, 3.01, and 4.01 based on the
January 16, 2015, meeting discussions.
The commission members reviewed draft wording to update Section 1.02(c) Dis- annexation
and recommended changing Section 1.02 (c) as follows:
(c) Dis - annexation. Any area hereafter annexed under this Charter and the law of this
State may be dis- annexed as follows: only in oraa „e° with S!4e
i. Prior to dis - annexing any property of the City a public hearing shall held
before both the City's Planning and Zoning commission and City Council on the
proposed dis - annexation.
ii. Before the 10th day before the hearing date before the Planning and
Zoning Commission, written notice of the public hearing shall be sent to each owner,
as indicated by the most recently approved municipal tax roll, of real property within
200 feet of the area to be dis - annexed. The notice may be served by its deposit in the
United States mail, properly addressed with postage paid.
iii. Not later than 30 days of completion of the public hearing by the Planning
and Zoning Commission the City Council shall hold a public hearing on the proposed
dis - annexation. Before the 15th day before the date of the public hearingss general
description of the property to be dis - annexed and notice of the time and place of the
hearing must be published in an official newspaper or a newspaper of eg neral
circulation in the City.
iv. Not later than 30 days after the completion of the public hearing
conducted by City Council the City Council mad adopt an ordinance dis - annexing the
property. A metes and bounds description of the property shall be attached to the
ordinance as an exhibit.
A motion was made by Commission Member Crawford, seconded by Commission
Member Agee to approve Section 1.02 (c) as amended. The vote was unanimous,
motion passed.
The commission members reviewed a draft version of Section 2.01 General Powers based on
the January 16, 2015 meeting discussions. The draft version matched the recommendation
approved by the commission at the January 16, 2015 meeting. No further action is required.
The commission members reviewed a draft version of Section 2.02 Intergovernmental
Relations based on the January 16, 2015 meeting discussions. The draft version matched the
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recommendation approved by the commission at the January 16, 2015 meeting. No further
action is required.
The commission members reviewed a draft version of Section 3.01 Establishment based on
the January 16, 2015 meeting discussions. The draft version matched the recommendation
approved by the commission at the January 16, 2015 meeting. No further action is required.
The commission members reviewed a draft version of Section 4.01 Number, Selection and
Term based on the January 16, 2015 meeting discussions. The draft version matched the
recommendation approved by the commission at the January 16, 2015 meeting. No further
action is required.
3. Review proposed revisions to sections 4.02, 4.05, 4.06, 4.07 and 4.11 based on the January
22, 2015, meeting discussions.
The commission reviewed proposed revisions to Section 4.02 based on the January 22, 2015,
meeting discussions. After discussion, the commission recommended changing Section 4.02
as follows:
Section 4.02 Qualifications.
The Mayor and each Councilmember must, at the time of filing f N eff ee, have
attained the age of eighteen or older on the first day of the term of office applied for,
be a registered voter of the City of Schertz, and have been a resident of the City for at
least six twelve consecutive months immediately preceding the deadline for filing for
an application for a place on the ballot of °°, -ra not be aia abl;ger- to the Cky on awy
provided, obligatien past due, >
if saeh „b.ligatiei is Lein, .tefi . °ly . n4este.a in the appropriate ,,_gym
A motion was made by Commission Member Volitis, seconded by Commission Member
Crawford, to amend Section 4.02 as presented. The vote was unanimous, motion passed.
The commission reviewed proposed revisions to Section 4.05 based on the January 22, 2015,
meeting discussions. After discussion, the commission recommended changing Section 4.05
as follows:
Section 4.05 Mayor and Mayor Pro -Tem.
The Mayor shall be the official head of the City government. He or she shall be the
chairman and shall preside at all meetings of the City Council. The Mayor may vote
only in the event of a tie. He or she shall, when atAhef °' unless another si ng atory is
otherwise designated . by the City Council, sign all official documents such as
ordinances, resolutions, conveyances, grant agreements, official plats, contracts, and
bonds. He or she shall appoint special committees as instructed by City Council, with
committee membership to be composed of nominees by the City Council. He or she
shall perform such other duties consistent with this Charter or as may be imposed
upon him or her by City Council. The Mayor shall not have veto powers.
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The Mayor Pro -Tem shall be a Councilmember appointed by the City Council for a
term and pursuant to procedures established by the City Council from time to time.
The Mayor Pro -Tem shall act as Mayor during the absence or disability of the Mayor
and in this capacity shall have the rights conferred upon the Mayor. While acting as
Mayor, the Mayor Pro -Tem may vote on any matter before the City Council.
A motion was made by Commission Member Crawford and seconded by Vice Chair Dahle to
amend Section 4.05 as presented. The vote was unanimous, motion passed.
The commission reviewed proposed revisions to Section 4.06 based on the January 22, 2015,
meeting discussions. After discussion, the commission recommended changing Section 4.06
as follows:
For Section 4.06(b)(3), establish three (3) as the number of missed regular meetings without
an approved absence as the trigger point for forfeiture of office.
A motion was made by Vice Chair Dahle, seconded by Commission Member Crawford to
establish three (3) as the number of unexcused absences during a term year for
councilmembers. The vote was unanimous, motion passed.
After further discussion, the commission recommended changing Section 4.06 as follows
(including deleting the last sentence in Section 4.06(a);
Section 4.06 Vacancies, Forfeiture, Filling of Vacancies.
Vacancies. The office of a Councilmember or the office of the Mayor shall become
vacant upon his or her death, , removal from office
in any manner authorized by law, or forfeiture of his or her office as provided for in this
Charter.
Forfeiture. The Mayor or a Councilmember shall forfeit his or her office upon:
Final conviction of a felony or of an offense involving moral turpitude, a violation of
any state laws regulating conflicts of interest of municipal officers, or is assessed a
deferred adjudication or probation for any state laws regulating conflicts of interest of
municipal officers.
Ceasing to be a resident of the City.
Failure to regularly attend City Council meetings without an approved absence
obtained by a majority vote by City Council either before or after the absence. There
shall be a presumption of failure to regularly attend when 3 regular meetings are
missed durina a term vear without obtainina an aD-Droved absence from Citv Council.
d.
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A determination by City Council of the inability or unfitness to promptly and
properly discharge official duties because of a serious mental or physical defect that
did not exist at the time of election.
Fillina Vacancies.
In the event of a single vacancy in the City Council, if there are 365 days or more
remaining on the term of the vacated City Council position, the City Council shall
call a special election to fill such vacancy. If there are less than 365 days remaining
in the term of the vacated City Council position, the City Council may, by majority
vote of the remaining Councilmembers, at its discretion appoint a new Mayor or
Councilmember to fill such vacancy or call a special election to fill such vacancy.
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A motion was made by Commission Member Crawford, seconded by Commission Member
Volitis to accept the changes as presented. The vote was unanimous, motion passed.
The commission reviewed proposed revisions to section 4.07 based on the January 22, 2015,
meeting discussions. After discussion, the commission recommended changing Section 4.07
as follows:
Section 4.07 Prohibitions.
(a) Employment with the City. No Mayor or Councilmember shall hold any ether
he an�-compensated City office or employment until two (2) years after the expiration of
the term for which he or she was elected to the City Council.
Appointments and Removals. Neither the City Council nor any of its members shall
in any manner dictate the appointment or removal of any City administrative officer or
employee whom the City Manager or any of his or her subordinates are empowered to
appoint, unless otherwise provided in this Charter, but the City Council may express its
views and fully and freely discuss with the City Manager anything pertaining to appointment
and removal of such officers and employees.
Interference with Administration. Except for the purpose of inquiries, unless
otherwise provided in this Charter, the City Council or its members shall deal with City
officers and employees who are subject to the direction and supervision of the City Manager
solely through the City Manager, and neither the City Council nor its members shall give
orders to any such officer or employee, either publicly or privately.
Admission of Liability. Neither the City Council nor any of its members er
employees of the City shall accept or admit liability or pay any claim for damages asserted
against the City without first obtaining a written opinion from the City Attorney regarding
the City's liability therein.
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Conflicts of Interest. It is hereby prohibited for the Mayor or Councilmember or a
City Official to violate the rules and regulations regarding conflicts of interests as set out in
the Texas Local Government Code, Chapter 171 as amended or its successor. For purposes
of this Section term "City Official" means any individual subject to the requirements of
Texas Local Government Code, Chapter 171 as amended or its successor. .
Attorney Client Privilege. It shall be unlawful for the Mayor or a Council Member to
release any attorney - client privileged communication. The City Council as the governing
body of the City solely holds and is entitled to the attorney client - privilege and it may only
be waived by an affirmative vote of two- thirds of the Citv Council.
A motion was made by Vice Chair Dahle, seconded by Commission Member Crawford to
accept the changes to Section 4.07 as presented. The vote was unanimous, motion passed.
Section 4.11 (proposed addition to the current charter)
The commission reviewed a `proposed addition to the charter,' which would create Section
4.11 Council Investigations; Hearing; Process, which would establish rules and procedures
for the city council with regard to conducting hearings.
Section 4.11 Council Investigations; Hearings; Process
A. General. In addition to any other specific authority of investigation and
hearing provided for in this Charter, the City Council shall have the power to inquire into the
official conduct of any department, agency, appointed boards, office, officers, employees or
appointed board members of the City. For the purpose of investigations and hearings, the
City Council shall have the power to administer oaths, subpoena witnesses, compel the
production of books papers and other evidence material to the inquiry. The City Council
shall provide by ordinance penalties for contempt in failing or refusing to o obey gny such
subpoena or to produce any such books, papers or other evidence. The City Council shall
have the power to punish any such contempt in the manner provided by such ordinance.
B. Hearings Process for Forfeitures of Office and Prohibitions.
1. All hearings held under this subsection shall be conducted in open session,
except that the City Council may conduct a closed session to get advice
from its attorney pursuant to the Texas Open Meetings Act;
2. The office holder subject to any investigation and/or hearing under this
section shall be entitled to written notice of the allegations of forfeiture
and /or the alleged violation of this Charter as applicable;
3. A special meeting shall be called to hold the hearing;
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4. A member of City Council who initiated or is the subject of the investigation
or hearing shall not sit at the dais and shall not participate in deliberations or
vote;
5. City Council shall adopt by ordinance rules of procedures to be followed;
6. The City Council shall state the nature of the hearing and the allegations to be
considered, shall be provided the results of any investigation and a
presentation of the evidence against the office holder including, but not
limited to testimony from individuals;
7. The individual who is subject to the hearing shall be provided an opportunity
to respond to the allegations and present any relevant evidence including,
but not limited to, testimony from individuals;
8. City Council may ask questions of any individual;
9. No public comment shall be allowed unless agreed to by a majority vote of the
members of City Council present. Rules for public comment shall be set by
City Council;
10. In the case of forfeitures of office pursuant to Section 4.06 (b) of this Charter
City Council shall vote on the forfeiture and on the affirmative vote of two -
thirds of City Council declare the office of said office holder to be forfeited
and vacant;
11. In the case of a violation of Section 3.09 of this Charter City Council mammon
the affirmative vote of a m4jority of the City Council take any action it
determines to be appropriate including, but not limited to, directing further
investigation requesting further information, vote to enforce a penalty
pursuant to section of this Charter, vote to bring an action in
municipal court, take a vote of censure, or, upon the affirmative vote of two -
thirds 2/3) of City Council, declare the office of said office holder to be
forfeited and vacant.
After discussion, the commission recommended the following changes and tabled further
review of Section 4.11 to the next meeting:
1. Change 4.11 (9) to read: No public comment shall be allowed.
2. Provide a revised draft to correct paragraph references in Section 4.11 (11)
3. Provide recommendations or options on whether the Mayor should be required to
vote or not in the case of hearings, due to possible quorum issues.
Note: this item remains `open' for further discussion at the next meeting.
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A motion was made by Commission Member Crawford, seconded by Vice Chair Dahle to
approve changes 1, 2, & 3 listed above in the proposed Section 4.11. The vote was
unanimous, motion passed.
4. Discussion and possible action regarding noticing upcoming Charter Review Commission
meetings.
No discussion occurred.
4. Review City of Schertz Charter Articles IV, V, VI and VII and consider any
recommendations for amendments thereto.
The commission reviewed Section 4.09(a) Date, Time, Place and Notice.
A motion was made by Vice Chair Dahle, seconded by Commission Member Volitis to
approve the existing section as written. The vote was unanimous, motion passed.
The commission reviewed Section 4.09(b) Open Meetings.
A motion was made by Commission Member Volitis, seconded by Commission Member
Crawford to approve the existing section as written. The vote was unanimous, motion
passed.
The commission reviewed Section 4.09(c) Quorum.
A motion was made by Commission Member Crawford, seconded by Commission Member
Volitis to recommend changing the quorum number from "three" to "four ", contingent upon
the size of the city council being expanded from five to seven members if approved by the
voters. The vote was unanimous, motion passed.
A motion was made by Vice Chair Dahle, seconded by Commission Member Crawford to
recommend changing line two from "and no action shall be valid unless adopted by the
affirmative vote of three or more members of the City Council." to read" and no action shall
be valid unless adopted by the affirmative vote of four or more members of the City
Council. ", contingent upon the size of the city council being expanded from five to seven
members if approved by the voters. The vote was unanimous, motion passed.
The commission reviewed Section 4.09(d) Rules of Procedure.
A motion was made by Vice Chair Dahle, seconded by Commission Member Agee to
approve the existing section as written. The vote was unanimous, motion passed.
The commission reviewed Section 4.09(e) Passage or Ordinances and Resolutions.
A motion was made by Vice Chair Dahle, seconded by Commission Member Crawford to
table this section, pending a review of draft revisions to be provided by the City Attorney for
consideration. The vote was unanimous, motion passed.
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The commission reviewed Section 4.09(d)(1) Franchise Ordinances.
A motion was made by Commission Member Volitis, seconded by Commission Member
Agee to approve the existing section as written. The vote was unanimous, motion passed.
The commission reviewed Section 4.09(d)(2) Effective Date.
A motion was made by Vice Chair Dahle, seconded by Commission Member Agee to
approve the existing section as written. The vote was unanimous, motion passed.
The commission reviewed Section 4.09(d)(3) Codification of Ordinances.
A motion was made by Commission Member Agee, seconded by Commission Member
Crawford to approve the existing section as written. The vote was unanimous, motion
passed.
The commission reviewed Section 4.10 Inquiry Powers.
A motion was made by Commission Member Crawford, seconded by Commission Member
Volitis to approve the existing section as written. The vote was unanimous, motion passed.
The Commission began Review of Article V - City Manager.
The commission reviewed Section 5.01 Appointment; Qualification; Compensation.
A motion was made by Commission Member Volitis, seconded by Commission Member
Crawford to approve the existing section as written. The vote was unanimous, motion
passed.
The commission reviewed Section 5.02 Acting City Manager.
A motion was made by Vice Chair Dahle, seconded by Commission Member Agee to
approve the existing section as written. The vote was unanimous, motion passed.
The commission reviewed Section 5.03 Powers and Duties of City Manager.
A motion was made by Commission Member Crawford, seconded by Vice Chair Dahle to
approve the existing section as written. The vote was unanimous, motion passed.
The Commission began review of Article VI - Other Departments, Offices or Agencies.
The commission reviewed, Section 6.01 General Provisions, subsection (a) and (b).
A motion was made by Commission Member Agee, seconded by Commission Member .
Volitis to approve the existing sections as written. The vote was unanimous, motion
passed.
The commission reviewed Section 6.02 Personnel Rules.
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A motion was made by Vice Chair Dahle, seconded by Commission Member Volitis to
table review of this section pending submission of a draft proposal from city staff. The vote
was unanimous, motion passed.
The commission reviewed, Section 6.03 City Attorney.
A motion was made by Commission Member Crawford, seconded by Commission Member
Volitis to approve the existing section as written. The vote was unanimous, motion passed.
The commission reviewed, Section 6.04 Judge of the Municipal Court.
A motion was made by Commission Member Volitis, seconded by Vice -Chair Dahle to
approve the existing section as written. The vote was unanimous, motion passed.
The commission reviewed, Section 6.05 Terms of Office of City Attorney and Municipal
Judge.
A motion was made by Commission Member Crawford, seconded by Commission Member
Volitis to approve the existing section as written. The vote was unanimous, motion passed.
The commission reviewed, Section 6.06 City Secretary.
After discussion, no action was taken at this time. A dialogue was raised regarding the
appointment of Deputy City Secretaries, as well as Deputy City Managers (Sec 5.01) by the
City Council versus the authority afforded to the City Manager as referenced in Section
5.03(a). Further discussion was tabled and will be picked up at the next meeting.
5. As necessary discuss planned review of City of Schertz Charter for next scheduled meeting.
Continue with Section 6.06 City Secretary with further discussion and continue forward.
Adi ournment
A motion was made by Commission Member Crawford, seconded by Vice -Chair Dahle to
adjourn the February 5, 2015 meeting at 9:05 p.m. The vote was unanimous, motion
passed.
Chair Mark Davis
ATTEST:
Donna Schmoekel, Deputy City Secretary
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