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R2009-130 - 2009-08-10RESOLUTION NO. R2009-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE FINAL RECOMMENDATIONS OF THE CHARTER REVIEW COMMISSION INTO THE OFFICIAL RECORD OF THE CITY AND DIRECTING STAFF TO PUBLISH THE RECOMMENDATIONS IN THE NEWSPAPER. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain recommendations of the Charter Review Commission, a copy of which are attached hereto as Exhibit "A"and made a part hereof for all purposes, is hereby accepted the recommendations into the official record of the City staff is directed to publish the recommendations in the newspaper. PASSED, APPROVED and ADOPTED this the 10th day of August, A.D., 2009. p'Y1~c, TOM REID MAYOR ATTEST:. ,4QEARL,q;~;~ ~ . a,-~ ~ ~ ~:.~- Y G G, RM €~~ X C SE ETAR . ~ ~~ APPROVED AS TO FORM: ~~. h C~-Q--_ DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2009-130 City of Pearland Charter Review Commission Report July 2009 Introduction Section 10.15 in the City of Pearland Charter prescribes the City Council to appoint a charter review commission every four years, or more frequently if the Council deems it necessary to review possible changes the City's Charter and to present recommendations to City Council. The five member committee was appointed by Council in January 2009 for a six month term. The Charter Review Commission of the City of Pearland held seven meetings between February 4`h, 2009 and July ls`, 2009. Our report reflects significant areas of the Charter reviewed and recommendations for Charter Amendment which were submitted to the City Attorney's Office as provided for in the Charter on July ls`, 2009. A public hearing will be held to present the fmdings after completion of comments and review by the City Attorney's Office. The Commission would like to thank the Mayor and Council for allowing us to serve the residents of the City in fulfilling this obligation. We would also like to specifically thank Mr. Lawrence Provins, Assistant City Attorney as well as the rest of staff from the City Attorney's Office for their assistance. Sincerely, Mr. Larry Marcott, Commission, Chairman Mr. Kurt Evenson, (Member) Mr. Paul Knoble, (Member) Mr. Michael O'Day, (Member) Mr. Rushi Patel, (Member) 2 2009 CITY OF PEARLAND CHARTER REVIEW COMMISSION RECOMMENDATIONS AND COMMENTS Section 3.01(a) Council Member At-Large Representation The charter states: "The council members shall be elected from the city at large by positions at large by positions and shall be known as positions. 1, 2, 3, 4 and 5." The Commission reviewed the possibility of single member districts as well as mixed at- large/single member district combinations. In reviewing the topic, the Commission looked at a number of areas including: 1. Past Commission minutes and recommendations on the topic. 2. Current trends in other cities both within the area and within the state. 3. Timing of future annexation and city growth. 4. Implementation and requirements to maintain district borders including review by outside parties, such as the United States Department of Justice. 5. Demographic make up of our City by geographic area. 6. Recent election voting trends and locations of candidates including the May 2009 and June 2009 Run-Off Elections. 7. Perceptions v. realities of what creating districts mean to the management of the City and fair representation on council. The Commission understands there is a desire to ensure there is representation from many areas across the City. We also noted that the last two Commissions reviewed this issue. As the Commission reviewed the possibility of some form of single district representation it was apparent that implementation would be difficult due to a number of anticipated annexations in coming years. We also noted that the trends favored the at-large method currently in place. It was the further view that as the population continues to grow, more candidates from all over the City would seek office. This was evidenced by our recent elections where a number of candidates were on ballot from all over the city including recently annexed areas. Pearland's at-large system also makes every council member accountable to every voter of the City, not just to a particular area of the City. No changes are recommended at this time or for the foreseeable future. City Attorney Comment Section 3.01 and 3.01(b) -Council Size and Voting by the Mayor The charter states: "The legislative and governing body of the city shall consist of mayor and five (5) council members and shall be known as the "city council of the City of Pearland, Brazoria, Harris and Fort Bend Counties, Texas." In part Section 3.01(b) states: "The mayor shall only be allowed to vote in case of a tie vote." The Commission reviewed the size of the current council as well as how any changes to size of council might impact Section 3.01(b) regarding the mayor's position to vote on issues before council. In reviewing other cities of similar size with growing populations, the Commission believes the current size of council should be increased to ensure more diverse views and to allow for the potential of subcommittees and specialization within the council structure. It was also felt the current council should remain at an "odd" number with mayor only voting in the event of a tie. The Commission recommends referendum consideration in Section 3.01 to expand the size of council from five to seven positions and there be no changes to 3.01(b) regarding mayoral voting. Our recommendation for implementation is as follows: Assuming City Council accepts our recommendation for referendum in 2010 election, the Commission recommends two additional at-large positions be added to council in the May 2011 election. Initially, one position would be for atwo-year term with three-year terms thereafter and the other a full three-year term. City Attorney Comment/Proposed Amendment Wording Section 3.01 (d) and (e) Length of Terms and Term limits. Section 3.01 (d) stipulates the term lengths of the mayor and each council member shall be three years. Section 3.01(e) states: "Council members shall be limited to two (2) full consecutive elected terms of office, and there shall be no limitations on the office of mayor." The Commission undertook a review of both the length of terms for council members as well as reviewing the current term limitations contained in the Charter. Currently each council member serves athree-year term and after being elected to two consecutive terms is not eligible to run for at least one year then would be eligible to run again for office. As noted, there are no term limits of any kind for the mayor. 4 The Commission recommends that the length of term remain at three years for the mayor and council member positions. It was felt that two-year terms were too short. Although there was consideration for expansion of terms to four years, the Commission felt the current three-year term process has served the City well. It was also felt there was no need to change 3.01(e) as it relates to term limits for the mayor. The Commission felt the current charter provisions for term limits for council members needed to be addressed. In reviewing term limits, the Commission considered factors such as: - History and application of current Charter provisions related to 3.01(e). - Maintaining council continuity over a period of years. - Experienced leadership for City, especially if council is expanded as recommended by the Commission. - Leadership of elected City officials on regionaUstate boards, agencies and organizations and their importance to the community. - Trends of other cities of similar size and growth regarding term limits. After studying the topic the following was noted: • Over 59% of 247 cities surveyed have no term limits and most that do are three terms or greater. • It was the opinion of the Commission the current system was nebulous and did not specify a permanent term limit for those serving. Many council members reaching the limit specified have sat out for as little as one year and then ran again for council. This is not a true term limit for service. • The Commission felt that shorter term limits could inhibit council members from attaining leadership positions on regional/state boards, agencies and organizations that can benefit the City. (Currently only the mayor has served in these roles). • If the expansion of council recommendation is accepted, experience of longer service will only benefit the City and should not harm ability for newcomers to participate with the addition of two new seats. The Commission felt there was a need for hard term limits. After much discussion and review, it was felt four elected terms met both the needs of experience on council as well as meeting a hard term limit to provide for a turnover of council. The Commission recommends a referendum vote to set term limits to four (4) elected terms implemented prospectively for elections beginning in the year after the referendum is passed. City Attorney Comment/Proposed Amendment Wording Section 3.02 -Eligibility for Elected Office. Section 3.02 of the Charter specifically states, "Each member of the city council shall be a resident citizen of the City of Pearland for a period of not less than six (6) months immediately preceding his/her election, and shall not be indebted to the City of Pearland." The past interpretation of this provision has been held to mean the resident had to be an actual resident of the City for six months to be eligible for office. With a number of recent annexations and those that will occur in future years, the Commission felt it important to ensure this provision was being properly interpreted. It has been the widely held view that any resident living in a recently annexed area to the City would have to be a City resident for a period of six months to be eligible for elected office. Although the Commission could not find any specific provision in the Charter, it is believed that the similar is held true for appointment to most City Commissions and Boards. The Commission requested and reviewed Chapter 141 of the State Statutes and Codes related to Candidacy for Public Office as well as case law. The state statutes clarify that for an area that is "annexed" the six month rule of actually living in the city as "living in the area annexed for at least six months" prior to the election. Recommendations of the Commission: City should ensure that State statute is followed for determination of the residency for elected offices. It is the further recommendation this rule should apply not only to elected positions but similarly for any appointed positions. It is unclear if any change in City Charter is truly necessary for this, but it is the Commission's recommendation that Council review this with City Attorney to determine if this should be formally incorporated into the Charter via referendum vote. City Attorney Comment/Proposed Amendment Wording Section 1.04 -Detachment of Territory The ability to detach property from the City is covered by both state statues and by Section 1.04 of the City Charter. The Charter provides for petition to detach, hearing requirements, and ordinances for these actions. In recent years there have been a number of "detachments" of property from City of Pearland at the request of owners/developers in retail areas with the understanding the City was unable to provide adequate services to the areas involved. In some cases development may have resulted in both a MUD and a City levied property tax had no change taken place. At the same time these detachments occurred, the City negotiated sales tax agreements with these areas. The Commission believes that a primary reason for detachments in commerciaUretail areas was to make the areas more attractive for development where City services for water and sewage were limited. As we reviewed these detachments, it was felt the City needed to be more proactive in inter-local agreements for public safety in these areas. This has been an area of concern expressed. We would urge Council to look at these issues more closely before future detachments and to ensure proactively that agreements for law enforcement are in place for commerciaUretail detachments which require greater /resources. This is not a recommendation for a change to the Charter, but a recommendation that it be looked at by Council. City Attorney Comment Section 8.10 and 3.10 -Budget Submission Requirements Section 8.10 of the City's charter states "The budget shall be finally adopted not later than fifteen (15) days prior to the beginning of the fiscal year..." City Charter also states that Ordinances are to be read twice at regular scheduled council meetings. (Section 3.10) With the changes in the truth-in-taxation process whereby the City must hold 2 public hearings on a proposed tax rate that exceeds the effective tax rate, and the provisions that the notices and vote on the tax rate be so many days apart, it is difficult to meet both requirements of the Charter. For an example, attached is the budget calendar for FY2010. Please note that the 2"d Public Hearing on the tax rate is also on the same night of the ls` reading on the tax rate. This is the only way to meet both State and City Charter requirements. If the information from the tax assessor comes in later than 7 planned, then we will have to adopt the tax rate and budget with a first and final reading, which City Council has not wanted to do. Staff is recommending that the Charter be changed to say "...Adopt the budget by the last regularly scheduled Council meeting of September." The Commission agrees with the recommendation of staff and recommendation for amendment to Charter. Citv Attornev Comment/Proposed Amendment Wording Article 3 -The City Council (Administrative Support) As the Commission reviewed the functions of council, there was a concern expressed by some members for staff dedicated to assist council members with itineraries, logistics, etc., in the conduct of City business. Current support staff for council is limited. City Attorney Comment Section 4.09 -Volunteer fire department Section 4.09 relates to the City of Pearland's Volunteer Fire Department provision. Although the City still has a volunteer force, the City is also creating professional fire department positions. The Commission reviewed the possibility of changes to the Charter to reflect these changes. It was determined Section 4.13 negates any need to update the Charter as it provides for the Council's ability to change and modify departments of the City as it deems to be in the best interest of the City. No charter amendment was deemed necessary. City Attorney Comment AREAS COVERED BY STATE STATUTES AND CODES There were a number of areas the Commission reviewed where Charter language was limited. It was noted that in absence of specific language in Charter, that State Statutes would rule. Some of these are discussed below. 8 Section 10.07 -Conflicts of Interest (Personal interest in city contract) The section of the charter relates to actual or potential conflicts of interests by elected officials. The charter currently references Texas Local Government Code Chapter 171 with no specific guidance in the Charter document. The Commission reviewed the Code section and believes it to be adequate address any issues which may arise. Commission felt no additions were necessary to the Charter. City Attorney Comment Section 4.06 -Municipal Court The Commission was asked to review procedures for removal of municipal and associate judges for the City of Pearland. In absence of specific language in Charter, the Commission felt that Government Code in Section 30.000085 adequately covered due process for removal. The Commission felt no changes to Charter were warranted. City Attorney Comment Section 3.06 -Vacancies Section 3.06 discusses filling vacancies in the council and the office of the mayor and that they shall be filled at a special election which shall be called by the remaining members of the council. Commission was concerned about timing of elections which were not specifically covered in the Charter and also investigated the possibility of appointments to fill vacancies. Commission noted this is covered by Section 11 of the Texas Constitution which stipulates for a municipality with over a 2-year term that "any vacancy or vacancies occurring on such governing body shall not be filled by appointment but must be filled by majority vote of the qualified voters at a special election called for such purpose within 120 days after such vacancy or vacancies occur". No changes in Charter recommended. City Attorney Comment 9 City of Pearland 2009 Charter Review Commission Proposed Wording for Proposed Amendments Section 3.01- Number, selection and term. [Increasing size of council from 5 to 7]. Current The legislative and governing body of the city shall consist of mayor and five (5) council members and shall be known as the "city council of the City of Pearland, Brazoria, Harris and Fort Bend Counties, Texas. (a) The mayor shall be elected from the city at large. The councilmembers shall be elected from the city at large by positions and shall be known as positions 1, 2, 3, 4 and 5. (b) The mayor shall be the presiding officer of the city council and shall be recognized as the head of the city government for all ceremonial purposes and by the governor for purposes of military law. The Mayor shall be allowed to vote only in case of a tie vote. The mayor shall not be included in any calculation of the number of votes needed for the city council to take any action authorized by this charter, except when the mayor is allowed to vote in the case of a tie vote. (c) In the first election year after adoption of the charter, two (2) councilmembers shall be elected for positions 1 and 5. In the second election year after adoption of this charter, the mayor and one (1) council member for position 3 shall be elected. In the third election year after adoption of this charter two (2) councilmembers shall be elected for positions 2 and 4. Proposed The legislative and governing body of the city shall consist of mayor and seven (7) council members and shall be known as the "city council of the City of Pearland, Brazoria, Harris and Fort Bend Counties, Texas. (a) The mayor shall be elected from the city at large. The councilmembers shall be elected from the city at large by positions and shall be known as positions 1, 2, 3, 4, 5, 6 and 7. (b) The mayor shall be the presiding officer of the city council and shall be recognized as the head of the city government for all ceremonial purposes and by the governor for purposes of military law. The Mayor shall be allowed to vote only in case of a tie vote. The mayor shall not be included in any calculation of the number of votes needed for the city council to take any action authorized by this charter, except when the mayor is allowed to vote in the case of a tie vote. (c) In the first election year after adoption of the charter, two (2) councilmembers shall be elected for positions 1 and 5. In the second election year after adoption of this charter, the mayor and one (1) council member for position 3 shall be elected. In the third election year after adoption of this charter two (2) councilmembers shall be elected for positions 2 and 4. In the first election year after adoption of the amendments to the charter creating positions 6 and 7, one councilmember shall be elected for an initial two (2) year term for position 6 with three (3) year terms thereafter and one councilmember shall be elected for an initial three (3) year term for position 7 with three (3) year terms thereafter. Section 3.01 (e) -Number, selection and term. [Setting firm term limits] Current councilmembers shall be limited to two (2) full consecutive elected terms of office, and there shall be no limitation on the office of the mayor. Proposed No person shall be elected to more than four (4) terms as a councilmember. A term shall include any portion of a term as a councilmember; however, any term started prior to City elections in May of 2011 shall be excluded from the term limit calculation. There shall be no term limitation on the office of the mayor. Section 5.05 -Ballots [Acknowledging the creation of two additional positions on council] Current The positions of the several members of the council shall be designated on the official ballot as member of the council, position number 1, 2, 3, 4, or 5. Proposed The positions of the several members of the council shall be designated on the official ballot as member of the council, position number 1, 2, 3, 4, 5, 6 or 7. Section 8.10 -Date of final adoption [Changing day by which budget must be adopted] Current The budget shall be finally adopted not later than fifteen (15) days prior to the beginning of the fiscal year and should the city council fail to so adopt a budget, the then existing budget, together with its tax levying ordinance and its appropriate ordinance, shall be deemed adopted for the ensuing fiscal year. Proposed The budget shall be finally adopted by the last regularly scheduled council meeting of September prior to the beginning of the fiscal year and should the city council fail to so adopt a budget, then existing budget, together with its tax levying ordinance and its appropriate ordinance, shall be deemed adopted for the ensuing fiscal year.