HomeMy WebLinkAboutRes 2018-01-393 Charter Review Final ReportCITY OF ANNA, TEXAS
RESOLUTION NO. '
A RESOLUTION OF THE CITY OF ANNA, TEXAS RECEIVING THE FINAL REPORT OF THE
CHARTER REVIEW COMMISSION AND ORDERING PUBLICATION OF SAID REPORT
WHEREAS, In accordance with the City of Anna, Texas Home -Rule Charter (the "Charter"), the
Charter Review Commission (the "Commission") hereby reports to the City Council of the City of
Anna, Texas (the "City Council") that it has fully discharged its duties as set forth in Section 11.07
of the Charter and hereby reports the Commission's findings and recommendations to the City
Council; and
WHERAS, the Commission, an advisory body, assembled periodically in meetings that were duly
noticed and open to the public and has developed a series of recommended amendments to the
Charter, as set forth in this report; and
WHEREAS, the members of the Commission have duly authorized the Commission's Chairman to
provide this report to the City Council;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Receipt of Report and Order of Publication
The City of Anna City Council hereby receives the Commission's report, attached hereto as EXHIBIT
1, incorporated herein for all purposes and orders the publication of said report summary as required
in the Charter.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th day of January,
2018.
ATTEST:
City Secretary, Carrie L. Smith
OF
'moi. •••....••G �,',
APPROVED:
Mayor, Nate Pike
CITY OF ANNA CHARTER REVIEW COMMISSION
MEMORANDUM REPORT
TO: Hon. Mayor Nate Pike and City of Anna City Council Members
FROM: Constance Stump, Chairperson, Anna Charter Review Commission
DATE: January 9, 2018
RE: (1) Report on Findings; (2) Comprehensive Summary; and (3) Recommendations
1. REPORT ON FINDINGS:
a. Introduction
In accordance with the City of Anna, Texas Home -Rule Charter (the "Charter"), the Charter
Review Commission (the "Commission") hereby reports to the City Council of the City of Anna,
Texas (the "City Council") that it has fully discharged its duties as set forth in Section 11.07 of
the Charter and hereby reports the Commission's findings and recommendations to the City
Council. The Commission, an advisory body, assembled periodically in meetings that were duly
noticed and open to the public and has developed a series of recommended amendments to the
Charter, as set forth in this report. The members of the Commission have duly authorized the
Commission's Chairman to provide this report to the City Council.
b. List of Charter Provisions Recommended for Amendment
i. SECTION 3.13(b) — Passage of Ordinances in General
ii. SECTION 4.06(a) — Personnel System
iii. SECTION 6.17 — Publication of Proposed and Referred Ordinances
iv. SECTION 7.05 — Public Hearing on Budget
v. SECTION 7.18 — Independent Audit
vi. SECTION 11.02 — Official Newspaper
vii. SECTION 11.07(b) — Charter Review Commission
viii. SECTION 11.08 — Potential Alternative Method of Publication
ix. SECTION 14.06 — Penalties
C. Description of Recommended Amendments
L Sections 3.13(b), 6.17, 7.05, 7.18, 11.02, 11.07(b) and 11.08. The proposed
amendments would allow publication of City ordinances, resolutions, notice of budget
public hearing, audit summary, and other various notices and materials required to be
published under the Charter or other law by means other than newspaper publication
(e.g., publication on the City's Internet website) to the extent state law is amended to
allow such alternative method of publication.
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ii. Section 4.06(a). The proposed amendment would allow personnel regulations to be
adopted by a resolution of the City Council.
iii. Section 14.06. The proposed amendment would: (1) add the prohibition of nepotism set
forth in Section 14.01 to the penalties that would require a violator to forfeit any
elected or appointed City position; and (2) increase the time period of ineligibility for
such City position from five years to ten years.
d. Proposed Text of Amendments
L SECTION 3.13(b) — Passage of Ordinances in General
(b) Every ordinance is effective upon adoption or at any later time(s) specified in the
ordinance, except that every ordinance imposing any penalty, fine or forfeiture is
effective only after having been published twice in its entirety or summary form
after adoption, in a newspaper designated as the official newspaper of the City.
Notwithstanding the foregoing and to the extent state law provides for an
applicable alternate method for publication, the City may forgo newspaper
publication and publish the ordinance or its caption in accordance with the
applicable state law.
ii. SECTION 4.06(a) — Personnel System
(a) Personnel rules must be prepared by the City Manager and presented to the City
Council, who may adopt them by resolution ^ee, with or without amendment.
The adopted rules must establish the City as an Equal Opportunity Employer and
must govern the equitable administration of the Personnel System of the City.
iii. SECTION 6.17 — Publication of Proposed and Referred Ordinances
The person performing the duties of City Secretary of the City must publish at
least twice in the official newspaper of the City the proposed or referred
ordinance or resolution within 15 days before the date of the election, and must
give such other notices and do such other things relative to such election as are
required by law in municipal elections and by the ordinance or resolution calling
said election. Notwithstanding the foregoing and to the extent state law provides
for an applicable alternate method for publication, the City may forgo newspaper
publication and publish the ordinance or resolution in accordance with the
applicable state law.
iv. SECTION 7.05 — Public Hearing on Budget
At the City Council meeting when the budget is submitted, the City Council must
name the date and place of a public hearing and have published in the official
newspaper of the City, at least twice, the time and place, which will be not less
than ten days nor more than 30 days after the date of notice. At this hearing,
interested citizens may express their opinions concerning items of expenditures,
giving their reasons for wishing to increase or decrease any items of expense.
Notwithstanding the foregoing and to the extent state law provides for an
applicable alternate method for publication, the City maV forgo newspaper
publication and publish the time and place of the hearing in accordance with the
applicable state law.
v. SECTION 7.18 — Independent Audit
When deemed necessary by the City Council, it may call—and at the close of
each fiscal year—must call for an independent audit of all accounts of the City by
a certified public accountant. No more than five consecutive annual audits may
be completed by the same firm. The certified public accountant selected may
have no personal interest, directly or indirectly, in the financial affairs of the City
or any of its officers. The report of audit, with the auditor's recommendations,
will be made to the City Council. Upon completion of the audit, the summary
must be published immediately in the official newspaper of the City and copies
of the audit placed on file in the office of the person performing the duties of
City Secretary, as a public record. Notwithstanding the foregoing and to the extent
state law provides for an applicable alternate method for publication, the City may
forgo newspaper publication and publish the summary in accordance with the
applicable state law.
vi. SECTION 11.02 —Official Newspaper
The City Council must declare an official newspaper of general circulation in the
City. All ordinances, notices and other matters required by this Charter, City
ordinance, or state or federal law to be published must be published in the
official newspaper. Notwithstanding the foregoing and to the extent that state law
provides for an applicable alternate method for publication, the CitV may forgo
newspaper publication and publish the ordinance or its caption, notice or other
matter in accordance with the applicable state law.
vii. SECTION 11.07(b) — Charter Review Commission
(b) The City Council must receive and have published in the official newspaper of the
City a comprehensive summary of the report presented by the Commission, must
consider any recommendations made, and may order any amendments suggested
to be submitted to the voters of the City in the manner provided by state law as
now written or amended. Notwithstanding the foregoing and to the extent state law
provides for an applicable alternate method for publication the City may forgo
newspaper publication and publish the comprehensive summary in accordance with
the applicable state law.
viii. SECTION 11.08 — Potential Alternative Method of Publication
Notwithstanding any other provision of this Charter and to the extent state law
provides for an applicable alternate method for publication that applies to anything
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required under this Charter to be published in a newspaper, the City may forgo
newspaper publication and publish in accordance with the applicable state law.
ix. SECTION 14.06 — Penalties
Any person who willfully engages in and is found in violation of any of the
activities prohibited in Sections 14.01, 14.02, 14.03, 14.04 or 14.05 of this Article
is ineligible for appointment or election to a position in the City for a period of
five -ten years from that time. If the person is an officer or employee of the City
at the time of the violation, he or she must immediately forfeit his or her office
or position, if found in violation.
2. COMPREHENSIVE SUMMARY FOR PUBLICATION
The Comprehensive Summary of the Commission's recommended amendments is as set forth in
Section 1.c. L -iii. of this report.
3. RECOMMENDATION AND CONCLUSION
The Commission recommends that the amendments be set forth in three separate ballot
measures regarding the following topics: (1) alternative method of publication; (2) amended
method of adoption of personnel regulations; and (3) increasing and extending penalties for
certain Charter violations including nepotism.
The Commission would like to thank the City Council for the opportunity to provide support in
the process of the City's review of the Charter and believes that this report contains beneficial
advice for the City Council's consideration.
Respectfully Submitted,
Constance Stump, Chairperson
Charter Review Commission
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