02-26-2015 MinutesMINUTES
REGULAR MEETING
February 26, 2015
A Meeting was held by the Schertz Charter Review Commission of the City of Schertz,
Texas, on February 26, 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
Guests Present:
Michael Dahle — Vice Chair
Member Reginna Agee
Mr. Robert Brockman, 1000 Elbel Road, Schertz Texas
Mr. Richard Dziewit, 2550 Chasefield Drive, Schertz Texas
Mr. Bob Rolik, 1025 Drayon, Schertz Texas
Call to Order
The meeting was called to order at 6:07 p.m. Chair Davis welcomed everyone and opened
the discussion up to any residents.
Chair Davis recognized Mr. Richard Dziewit and Mr. Bob Rolik who were here this evening.
1. Minutes — Consideration and/or action approving the minutes of February 5, 2015.
Chair Davis recognized Vice Chair Dahle who moved seconded by Commission
Member Volitis to approve the February 5, 2015 minutes as written. The vote was
unanimous, motion passed.
2. Review, discuss and possible approval of transitional language for change in length of
terms and number of council members, and proposed revisions to sections 4.11 (11),
4.09(e), and 6.02 based on the February 5, 2015, meeting discussions.
Review proposed revisions to section 4.09 (e), based on the 5 February 2015,
meeting discussions.
The commission members reviewed and discussed the following draft proposal for
Section 4.09(e):
Section 4.09 Meetings and Procedure.
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(e) Passage of Ordinances and Resolutions. Ordinances and resolutions shall be
introduced to the City Council only in written or printed form. The subject or
subjects of all ordinances and resolutions shall be clearly expressed in the title.
Except as may otherwise be prescribed in this Charter, an ordinance shall not be
passed at the meeting of the City Council at which it is first introduced, but instead
the ordinance or its caption shall be read, and the City Council will determine
whether it shall be rejected or further considered at a subsequent meeting of the City
Council. If rejected, no further action shall be required. The City Council must take
second and final consideration of any ordinance not later than sixty days after the first
reading of such ordinance. Notwithstanding the foregoing provisions, if the City
Council, by a vote of not less than two- thirds of the members present at the meeting
at which an ordinance is first introduced, determines that an emergency exists
requiring immediate action, such ordinance may then be voted upon and rejected or
passed at that meeting. The "nays" shall be take„ , i the passage of a
efdiiianees and fesaltAiens and ei4ered in the miffLttes of the City Ceuneil. The
any erdinanee of r-esoh:Aien. The Mayer- sha4l vote ofAy in the °iic of u Div, the
as M Pr T° may vote on any a4ef being „rsid_orod by the C4 r ;1 The
enacting clause of all ordinances shall be, `BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF SCHERTZ, TEXAS ", and every ordinance shall be
authenticated by the signature of the Mayor and the City Secretary and shall be
systematically recorded and indexed in an ordinance book in a manner approved by
the City Council.
(1) Franchise ordinances. All ordinances granting, confirming, extending,
renewing or amending a franchise shall be accepted in writing by the grantees, and
the full text thereof shall be placed on the City's website for at least one week prior to
final adoption of the franchise ordinance.
(2) Effective date. Every ordinance passed by the City Council shall be
enrolled by the City Secretary as soon as practicable after its passage. If the
ordinance was published, he or she shall note the time and place of publication which
shall be prima facie proof of publication thereof. The affidavit by the printer or
publisher shall also be prima facie proof of the publication. Enrollment of an
ordinance shall be prima facie proof of its legal adoption and effect.
(3) Codification of ordinances. The City Council shall have the power to
cause the ordinances of the City to be corrected, amended, revised, codified and
printed in code form as often as the City Council deems advisable, and such printed
code, when adopted by the City Council, shall be in full force and effect without the
necessity of publishing the same or any part thereof in a newspaper. All printed
ordinances or codes of ordinances shall be admitted as evidence in all courts without
further proof and shall have the same force and effect as did the original ordinance.
(Election of 5 -6 -89, 5 -3 -97, 5- 13 -06, 11- 06 -12)
Motion by Commission Member Crawford, seconded by Commission Member Agee
to approve the proposal as written. The vote was unanimous, motion passed.
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Review proposed revisions to section 4.09 (c), based on the 5 February 2015,
meeting discussions.
The commission members reviewed and discussed the following draft proposal for
Section 4.09(c):
Section 4.09 Meetings and Procedures
(c) Quorum. wee Four Councilmembers (excluding the Mayor) shall
constitute a quorum, and no action shall be valid unless adopted by the affirmative
vote of tree four or more members of the City Council. If the Mayor Pro -Tem is
presiding, he or she shall be counted for the purposes of determining a quorum.
Discussion was held and commission members noted that this proposal was
contingent based on a final decision regarding the recommendation to adjust the total
number of council members.
Chair Davis recognized Vice Chair Dahle who moved, seconded by Commission
Member Agee to approve the proposal as written. The vote was unanimous, motion
passed.
Review proposed revisions to section 4.11 (11), based on the 5 February 2015,
meeting discussions.
The commission members reviewed and discussed the following draft proposal for
Section 4.11(11):
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 obey any 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;
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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;
A special meeting shall be called to hold the hearing;
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;
City Council may ask questions of any individual;
9. No public comment shall be allowed;
10. In the case of an alleged 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 an alleged violation of Section 4.07 of this Charter City Council
may, on the affirmative vote of a majority 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.
12. Unless prohibited pursuant to subsection 4 herein, the Mayor shall vote in the
case of an alleged forfeitures of office pursuant to Section 4.06 (b) of this
Charter or of an alleged violation of Section 4.07 of this Charter.
Chair Davis recognized Commission Member Volitis who moved, seconded by
Commission Member Crawford to approve the proposal as written. The vote was
unanimous, motion passed.
Review proposed revisions to section 6.02, based on the 5 February 2015,
meeting discussions.
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The commission members reviewed and discussed the following draft proposal for
Section 6.02;
Section 6.02 Operational and Personnel Rules Policies.
The City Manager shall be responsible for the preparation of operational and
personnel policies. rrles, eh ,.te shall be 4mtted by her- te t h h e
Get Personnel policies which affect the budget and employee discipline and /or
adverse actions shall be approved by City Council. The City Council may accept and
adopt such merles policies as proposed or may adopt them with such amendments, as
the City Council deems necessary or may reject them in their entirety and direct the
City Manager to further consider the FAes policies and present new proposals at a
subsequent meeting. Operational and administrative policies shall be approved by the
City Manager but shall be provided to City Council for their information.
Chair Davis recognized Vice Chair Dahle who moved, seconded by Commission
Member Volitis to approve the proposal as written. The vote was unanimous,
motion passed.
The Commission reviewed and held discussion on Sections 5.01, 5.03(a) and 6.06
based on the 5 February 2015 meeting discussions.
Section 5.01 Appointment; Qualifications; Compensation.
After discussion, the commission recommended proposing a change to this section,
deleting the last sentence of Section 5.01:
Chair Davis recognized Commission Member Agee who moved, seconded by
Commission Member Crawford to approve the proposal. The vote was unanimous,
motion passed.
Section 5.03(a). — Powers and Duties of City Manager.
(a) He or she shall appoint and, when he or she deems it necessary for the good
of the City, suspend or remove City employees and appointive administrative
officers provided for, by or under this Charter, except as otherwise provided
by law, this Charter, or personnel rules adopted pursuant to this Charter.
He or she may authorize any administrative officer who is subject to his or
her direction and supervision to exercise these powers with respect to
subordinates in that officer's department, office or agency.
After discussion, the commission had no further recommendations for this section,
therefore no action was taken.
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Section 5.03(c).
During discussion of Section 5.03, concerns were raised regarding the wording of
Section 5.03(c).
After discussion, the commission members recommended that Section 5.03(c) be
amended to read as follows:
(c) The City Manager or their designee shall attend all City Council meetings
and shall have the right to take part in discussion but may not vote.
Chair Davis recognized Commission Member Volitis who moved, seconded by
Commission Member Crawford to approve the proposal. The vote was unanimous,
motion passed.
Section 6.06 City Secretary.
After discussion of this section, the commission opted to leave this section open and
defer review and possible action to the next scheduled meeting, pending the
submission of draft wording from the City Secretary and City Attorney regarding the
hiring or appointment of Deputy City Secretary(s). (OPEN ITEM)
The commission reviewed Section 6.07. Tax Assessor - Collector
After discussion, the commission felt this section was redundant, as the appointment
of a tax assessor — collector, was well as the rules and regulations for the collection of
taxes and actions allowed are established by the state and is an authority already
granted to the city council under state law.
Chair Davis recognized Commission Member Crawford who moved, seconded by
Vice Chair Dahle to recommend deletion of Section 6.07. The vote was unanimous,
motion passed.
The commission reviewed Section 7.01 Fiscal Year.
Chair Davis recognized Commission Member Volitis who moved, seconded by
Commission Member Agee to approve existing section as written. The vote was
unanimous, motion passed.
The commission reviewed Section 7.02 Submission of Budget.
Chair Davis recognized Vice Chair Dahle who moved, seconded by Commission
Member Crawford to approve existing section as written. The vote was unanimous,
motion passed.
The commission reviewed Section 7.03 Budget Message.
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Chair Davis recognized Commission Member Volitis who moved, seconded by
Commission Member Crawford to approve existing section as written. The vote was
unanimous, motion passed.
The commission reviewed Section 7.04 Budget Contents.
Chair Davis recognized Commission Member Crawford who moved, seconded by
Commission Member Dahle to approve existing section as written. The vote was
unanimous, motion passed.
The commission reviewed Section 7.05 Capital Improvements Program.
Chair Davis recognized Vice Chair Dahle who moved, seconded by Commission
Member Agee to approve existing section as written. The vote was unanimous,
motion passed.
The commission reviewed Section 7.06 City Council Action on Budget.
Chair Davis recognized Commission Member Volitis who moved, seconded by
Commission Member Crawford to approve existing section as written. The vote was
unanimous, motion passed.
The commission reviewed Section 7.07 Amendments After Adoption.
Chair Davis recognized Vice Chair Dahle who moved, seconded by Commission
Member Crawford to approve existing section as written. The vote was unanimous,
motion passed.
The commission reviewed Section 7.08 Purchase Procedures.
Chair Davis recognized Commission Member Volitis who moved, seconded by
Commission Member Agee to approve existing section as written. The vote was
unanimous, motion passed.
The commission reviewed Section 7.09 Lapse of Appropriations.
After discussion, Chair Davis recognized Vice Chair Dahle who moved, seconded by
Commission Member Crawford to table this section until our next meeting and
requested city staff to provide their perspective on this section and any proposals for
consideration at a future meeting. The vote was unanimous, motion passed. OPEN
ITEM
The commission reviewed Section 7.10 Director of Finance.
After discussion, Chair Davis recognized Commission Member Crawford who
moved, seconded by Commission Member Volitis to table this section until our next
meeting and requested city staff to provide their perspective on this section and any
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proposals for consideration at a future meeting. The vote was unanimous, motion
passed. OPEN ITEM
The commission reviewed Section 7.11 Audit
Chair Davis recognized Vice Chair Dahle who moved, seconded by Commission
Member Crawford to approve existing section as written. The vote was unanimous,
motion passed.
The commission reviewed Article VIII, Section 8.01 Planning and Zoning
Commission and Section 8.02 Board of Adjustment
After discussion, the commission recommended deletion of these sections, as the
wording is unnecessary or redundant. Authority for these commissions is afforded to
the city under state law.
Chair Davis recognized Commission Member Crawford who moved, seconded by
Vice Chair Dahle to recommend deletion of these sections. The vote was
unanimous, motion passed.
The commission began review of Article IX NOMINATIONS AND
ELECTIONS
The commission reviewed Section 9.01 City Elections
During discussion of this section, the City Attorney stated that you could shorten it
and say, "All city elections shall be conducted pursuant to state law ". Mr. Zech stated
that that is what all these sections say. During the discussions on each subsection, it
was suggested that essentially all could be deleted with the exception that "regular
elections shall be held in November ".
Chair Davis recognized Commission Member Volitis who moved to change wording
to "City Elections shall be held in November in accordance with state law"
Members then discussed rewording ". Mr. Zech stated that if this is the direction the
commission wanted to go, he actually drafted some language that gave the flexibility
to allow for a change of an election date without having to amend your charter.
Commission Member Volitis withdrew her motion.
Chair Davis recognized Vice Chair Dahle who moved, seconded by Commission
Member Crawford to table this item pending language from the City Attorney. The
vote was unanimous, motion passed. OPEN ITEM
The commission reviewed Section 9.02 Candidates
After discussion, Chair Davis recognized Vice Chair Dahle who moved seconded by
Commission Member Crawford to table this section until our next meeting and
requested the City Attorney to provide a draft recommendation for this section,
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specifically regarding the wording and reference to "loyalty affidavit" and references
to requirements of filing fees. The vote was unanimous, motion passed. OPEN
ITEM
The commission reviewed Section 9.03 Determination of Election Results
After discussion, Chair Davis recognized Commission Member Crawford who
moved, seconded by Commission Member Volitis to table this section until a future
meeting. Specific wording of this section will be contingent on a final
recommendation or decision regarding term lengths of the election officials. The
vote was unanimous, motion passed. OPEN ITEM
The commission reviewed Section 9.04 City Council Ballots
Chair Davis recognized Commission Member Volitis who moved, seconded by Vice
Chair Dahle to approve existing section as written. The vote was unanimous,
motion passed.
The commission reviewed Section 9.05 Ballots for Ordinances and Charter
Amendments
Chair Davis recognized Vice Chair Dahle who moved, seconded by Commission
Member Agee to approve existing section as written. The vote was unanimous,
motion passed.
Adjournment:
Chair Davis recognized Commission Member Dahle who moved, seconded by Commission
Member Volitis to adjourn. The meeting was adjourned at 8:57 p.m.
Chair Mark Davis
Brenda Dennis, City Secretary
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