03-05-2024 Charter Review MinutesMINUTES
CHARTER REVIEW MEETING
March 5, 2024
A Charter Review Meeting was held by the Schertz Charter Review Commission in Schertz,
Texas, on March 5, 2024, at 4:30 p.m. in the Schertz Civic Center, Hal Baldwin Municipal
Complex, 1400 Schertz Parkway, Building #5, Schertz, Texas. The following members present
to -wit:
Present: Chair Dana Eldridge; Vice -Chair Richard Dziewit; Commissioner Roger Booker;
Commissioner Danielle Craig; Commissioner Chris Evans; Commissioner Marcus
Forte; Commissioner Benjamin Guerrero; Commissioner Demetric Herron;
Commissioner Michele Tereletsky; Commissioner Paul Wiley; Commissioner David
Bennett
Staff City Manager Steve Williams; City Attorney Dan Santee; City Secretary Sheila
present: Edmondson; Guest Mayor Ralph Gutierrez
Call to Order
Chair Dana Eldridge called the meeting to order at 4:33 p.m.
Hearing of Residents
This time is set aside for any person who wishes to address the Charter Review
Commission. Each person should fill out the speaker's register prior to the meeting.
Presentations should be limited to no more than 3 minutes.
All remarks shall be addressed to the Charter Review Commission as a body, and not to
any individual member thereof. Any person making personal, impertinent, or
slanderous remarks while addressing the Charter Review Commission may be
requested to leave the meeting.
No one signed up to speak.
Discussion and Action Items
1. Minutes: Approval of the minutes from the February 20, 2024, Charter Review
meeting. (S.Edmondson)
Chair Dana Eldridge asked for a motion to approve the minutes from the February
20, 2024, Charter Review Meeting with the corrected adjournment time of 5:53
p.m.
Moved by Vice Chair Richard Dziewit seconded by Commissioner Dr. Roger L.
Booker. All in favor, 11 ayes, 0 nays. Motion passed.
2. 2 D. Review and possible action on amendments to Charter Article 1V.
Attorney Dan Santee confirmed that Article I to Article III have been discussed and
today's meeting would start with discussing Article IV and Single -Member
Districts.
Attorney Dan Santee sent City Secretary Sheila Edmondson his PowerPoint on the
Introduction of Single Member Districts. It explains the process of what happens
after voters elect to move to single member districts. City Secretary Edmondson
will send out the PowerPoint to the Charter Review Commission. Attorney Santee
asked the Commissioners to review the presentation on their own.
Attorney Santee explained that after the election and canvassing, City Council
would have to adopt an Ordinance that creates the districts. The City could use a
demographer or do it themselves to create the districts. Districts would have to be
based on certain criteria that are established by federal law.
Attorney Santee and City Manager Williams discussed a Hybrid System,
which consists of 4 districts, 3 at -large positions and a Mayor at -large. City
Secretary Edmondson sent out City Manager Steve Williams's list of examples of
cities with all districts, hybrid districts and all at large City Councils.
Attorney Santee presented the draft changes to Article IV using the 4/3 Hybrid
example. He is recommending the following changes. Anything that is lined
through would be removed from the Charter. Anything in blue/bold
(underlined) is new.
The recommended changes below are not FINAL, they were part of a discussion at
this meeting and not voted on.
ARTICLE IV. THE CITY COUNCIL
Sec. 4.01. Number, Selection and Term.
1. The City Council shall be composed of the Mayor and seven Councilmembers.
Subject
to Section 4.06(c), the Mayor and Councilmembers shall be elected in the manner
provided in Section 9.01 of this Charter for three-year terms and until their
successor has been elected and duly qualified. Each Councilmember shall occupy
a position on the City Council, such positions being numbered Place One through
Place Seven.
2. The City shall by ordinance, be divided into four (4) districts. Each of these
districts shall to the extent reasonably possible, be equally populated and the City
Council shall maintain such equality of population, as from time to time deemed
necessary, by ordinance. The districts shall be designated Number 1, 2, 3, 4. The
qualified voters of each district shall elect one (1) Council Member for each of
the four (4) districts.
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3. The Mayor and three (3) of the City Council Members shall be elected at
large by the qualified voters of the city and shall meet the qualifications provided
for in this Chapter. The at large council districts shall be designated Places 5, 6,
and 7.
City Secretary Edmondson sent out the City Manager Steve Williams's list of
examples of cities with all districts, hybrid districts and all at -large City Councils.
He shared an article that speaks to the philosophy of wanting to have districts or
hybrids and why you should or should not. Attorney Dan Santee gave some
examples of what he has seen and experienced with cities wanting to have districts.
He mentioned that a neighboring city currently has 7 districts. They recently voted
to change their council to a 4 district/3 at -large seats.
Districts are based on population and not registered voters. Cities use the official
census data when determining the size of districts. Attorney Santee explained that
after every census, the city would have to go through redistricting. Once the
Census Bureau official numbers are released, the Council would need to evaluate
the data and, if needed, re -draw the district lines by ordinance to make sure
the population totals are within the allowable 10% difference.
Sec. 4.04. Compensation.
Members of the City Council shall serve with such compensation as determined by
the City Council. An increase in compensation shall not be effective for any
member of the City Council during the term
in which the increase is ef4ectuatea.
tel:
Sec. 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, unless another signatory is otherwise
designated by the City Council, sign all official documents such as ordinances,
resolutions, conveyances, grant agreements,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.
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.
Sec. 4.07. Prohibitions.
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(a) Holding other Office. No Mayor or Councilmember shall hold any
compensated City office, nor hold of employment with the City until two (2) years
after the expiration of the term for which he or she was elected to the City Council.
(b) 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.
(c) 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.
(d) Admission of Liability. Neither the City Council nor any of its members 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.
(e) Conflicts of Interest. It is hereby prohibited for the Mayor or Council Member
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.
(f) 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 City Council.
Sec. 4.09. Meetings and Procedure.
(a) Date, Time, Place, and Notice. The City Council shall meet at least once each
month at a time and place prescribed by ordinance. Special meetings may be called
by the Mayor, the City Manager, or on application of three Councilmembers.
Written notice of the date, place and subject of each meeting shall be posted in the
City Hall and written notice of no less than twelve hours (two hours in the event of
an emergency meeting of the City Council) shall be given to each Councilmember.
(b) Open Meetings. Meetings shall be open to the public in accordance with
applicable State law.
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(c) Quorum. Four Councilmembers (excluding the Mayor) shall constitute a
quorum, and no action shall be valid unless adopted by the affirmative vote of four
or more members of the City Council. If the Mayor Pro-Tem is presiding, he or she
shall be counted for purposes of determining a quorum.
p= 96UL A D GiTV (' O TATGi IN NOVEM13-2016 TLT A T f'+()NsisTC OF
(d) Rules of Procedure. The City Council shall, by ordinance, determine its own
rules and order of business, provided, however, that the citizens of the City shall
have a reasonable opportunity to be heard at any meeting with regard to any matter
relevant to the government of the City except at such meetings of the City Council
as may be closed to the public as permitted by State law. Provision shall be made
for the taking of minutes, which minutes shall be a public record. Voting, except
on procedural matters, shall be by roll call and the ayes and nays shall be recorded
in the minutes.
(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.
Passage of any Ordinance or Resolution shall only require one reading. E*sept
er-dina-mese er- its eaptieff shall be read, eAd the City couffeil will detelt:m-in-ee whether -
it shall be r-ejeeted A4:;fi]**htAr- Pensidefed M a subsequent meeting efthe Gty-
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
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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.
The question of how the City of Schertz conducts a roll call is currently. Attorney
Santee stated he will research (d) Rules of Procedure. The City Council shall, by
ordinance, determine its own rules and order of business, provided, however, that
the citizens of the City shall have a reasonable opportunity to be heard at any
meeting with regard to any matter relevant to the government of the City except at
such meetings of the City Council as may be closed to the public as permitted by
State law. Provision shall be made for the taking of minutes, which minutes shall
be a public record. Voting, except on procedural matters, shall be by
#,e-ayes and nays and shall be recorded in the minutes.
*City Secretary Edmondson will need to research (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.
There is a difference in the wording in the copy of the City Charter vs. what is on
the website in Municode. *
Sec. 4.10. Inquiry Powers.
The City Council shall have the authority to inquire into the affairs of the City and
the conduct of any City department, office, or agency. No changes needed at this
time.
Sec. 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
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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.
l . 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;
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 -City Secretary Edmondson will try to locate the Rules of Procedures.
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;
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 12.10 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
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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.
* Research and try to locate the ordinance for 4.11 (a) 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.
*City Secretary Edmondson will send Attorney Santee the City Council Code of
Conduct and Procedures.
3. Next Charter Review Meeting: March 19, 2024
Location: Civic Center Conference Hall
Adjournment
Chair Dana Eldridge adjourned the meeting at 5:47 p.m.
Dana Eldridge, a'
ATTEST:
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