2001-01-31 CHARTER REVIEW COMMISSION MEETING MINUTES2001 CHARTER REVIEW COMMISSION
MEETING HELD ON JANUARY 31, 2001
Present at the Meeting:
Judy Zavalla, Chairman
Charles McMurrey, Vice Chairman
William Berger, Secretary
Bob Bratz
Neil West
Nghiem Doan, Assistant City Attorney
The 2001 Charter Review Commission held its second scheduled meeting on Wednesday,
January 31, 2001, in the First Floor Conference Room, City Hall, 3519 Liberty Drive,
Pearland, Texas.
The meeting was called to order at 6:33 p.m. by Chairman Judy Zavalla.
The minutes of the January 16, 2001, meeting had been mailed to each member of the
Commission. Mr. Berger made a motion to accept the minutes. Mr. McMurrey seconded
the motion. The motion to accept the minutes passed unanimously.
The Commissioners agreed that they would discuss the Charter section by section. They
agreed to begin with a review of Section 3.01.
In response to Commissioners' questions at the January 16, 2001, meeting,
Assistant City Attorney Nghiem Doan stated that elections for Charter amendments may
be held on any election day according to the Election Code (i.e., January, May, August,
November), and an election could be held as early as August.
Mr. Berger stated that if Charter elections were held at different times from Council
elections, the Charter propositions may not be viewed as tied to individuals running in the
Council election. Mr. McMurrey concurred and noted that both the 1999 and 1997 Charter
Review Commissions recommended changes to Section 3.01 regarding the definition of
City Council. The Commission discussed the possibility of higher voter turnout if Charter
elections and state elections were held on the same day, and considered the importance
of voter turnout and ease of voting in such an election.
In response to a previous question regarding districts, Mr. Doan stated that most cities that
go to districts do so because they are in litigation regarding representation. Mr. Berger
referred to the districts set out in Sugar Land's Charter. Mr. West mentioned the
Page 1 of 2
1973 lawsuit against the City of Houston which sought council representation by district.
Mr. Doan stated that litigation against cities regarding districts is usually related to race.
He further stated that a city can hire a consulting company to delineate districts, and that
those districts must then be precleared by the Department of Justice.
The Commission acknowledged that they want to address the issues of districting and
four-year terms for Councilmembers. Commissioners asked Mr. Doan to explore the issue
of distribution of population in districts and periodic redistribution. Mr. Berger and Mr. Bratz
mentioned the need to achieve representation on Council for citizens in the west side of
Pearland. Mr. Doan explained the difference between equal representation and equal
opportunity for representation.
Mr. Doan stated that the Alvin Charter Review Commission convenes every four years and
suggested that this Commission consider that issue. After discussion, the Commission
agreed that the Pearland Charter Review Commission should meet every four years.
Mr. Berger referred to the "Election and Term" section of Sugar Land's Charter.
The Commission discussed the possibility of an increase in the number of
Councilmembers, with some positions elected at large and some positions elected by
district. Mr. Doan was asked to advise the Commission as to whether districts would have
different populations.
Mr. West suggested that the number of Councilmembers was probably adequate at this
point, and that the Commission could recommend that Council positions change to
four single area districts and one at -large. The Commissioners agreed that the number of
Councilmembers should be changed at a later date. The Commissioners also agreed that
in the event the City changed to districts, each Councilmember should be a resident of the
district that he or she represents. Chairman Zavalla confirmed that one recommendation
of the Commission would be for the City Council to change to four single district positions
and one at -large position, pending further research by the Assistant City Attorney.
The Commissioners agreed that they would recommend most of the changes to
Section 3.01 recommended by the 1999 Charter Review Commission. However, after
discussion, they agreed that they would not recommend changes to Section 3.01(e) with
respect to term limits for Councilmembers.
The next meeting was set for February 14, 2001, at 6:30 p.m.
The Chairman adjourned the meeting at approximately 8:05 p.m.
Page 2 of 2