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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. 1 61S- 1 -tel 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 3 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 4