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Home » Lee's Summit City Updates » Charter Review 2016-17 » Charter Review Minutes, Aug 16, 2016

Charter Review Minutes, Aug 16, 2016

Charter Review Minutes, Aug 16, 2016

ACTION LETTER
CITY CHARTER REVIEW COMMISSION 
COUNCIL COMMITTEE ROOM

5:30 p.m., August 16, 2016


Members present for roll call: John Beaudoin, Gladys Bratton, Michael Dayton, Fred DeMoro, Jim Devine, Terry Trafton, Ron Williams

Members absent for roll call:  Mike Atcheson, Lenny Cacchio, Brad Cox, Paula Derks and Jose Ruiz

Staff Liaisons present:  Brian Head, Denise Chisum, Stacy Lombardo

Call to Order: The August 16, 2016, City Charter Review Commission was called to order by Chairman Bratton, at 5:31 p.m. at City Hall, 220 SE Green Street, in the Council Committee Room. Notice had been provided by posting the meeting notice with a tentative agenda, at least 24 hours in advance of the meeting, at both entrances into City Hall. A copy of the agenda was also placed on the City’s Website.

Roll Call:

1. Approval of August 2, 2016, Action Letter.

On motion of Commissioner Dayton and second by Commissioner Trafton, the Commission voted unanimously 7-0 (Commissioners Atcheson, Cacchio, Cox, Derks and Ruiz “Absent”) for approval of the Action Letter for August 2, 2016.  Motion passed.

2. Public Comments - None
(This is an opportunity for the audience to address the Commission on any items not on the agenda.)

3. Commission Comments

Chairman Bratton informed Commissioners that a citizen had submitted a suggestion for a proposed change to the Parks and Recreation Department’s article of the Charter. Ms. Denise Chisum, City Clerk, read the e-mail that had been received “I know the City Charter Commissioners are meeting to study the Charter and would like to have some input. I think the Park Board should be an elected Board like the Lee’s Summit School Board. With the increase in size of Lee’s Summit and  the  amount of  revenue  handled by the  Park  Board, we  need  better checks and balances than a good ‘ol boy system. I think that the Park Board should answer to the citizens that elect them. I know this may not be an easy solution but it needs to be done.” Chairman Bratton said this will be brought up during their final review of the Charter.

Chairman Bratton asked Mr. Brian Head, City Attorney, if he and Mr. Conrad Lamb, Finance Director, had looked into the state statute to make sure the City is in compliance on the budget meeting. Mr. Head stated that they have not had a chance to look into that yet.

Commissioner Beaudoin asked about the handouts they were given. Mr. Brian Head explained that Chairman Bratton had asked him to send out the state statutes and the city ordinance related to conflicts of interest and financial disclosures.

4. Discussion of Articles

A. ARTICLE XIV.  GENERAL PROVISIONS

1) Section 14.1 Personal Financial Interest – No discussion

2) Section 14.2 Prohibitions – Discussed if the verbiage is up to date; City Council looking at these provisions when drafting their ethics policy; if a federal law changed or if there were a court case, the City Council could make those changes by ordinance and it would not have to be included in the Charter and if it would be beneficial to put in the Charter “as stated by law”.

On motion of Commissioner Trafton and second by Commissioner Beaudoin, the Commission voted unanimously 7-0 (Commissioners Atcheson, Cacchio, Cox, Derks and Ruiz “Absent”) to accept Article XIV, Sections 14.1 and 14.2 as written with no amendments. Motion passed.

3) Section 14.3 Political Activity – Discussed if City employees could support a bond issue with a yard sign, City Council candidate signs or give political contributions. It was also asked if Charter Commissioners say vote for these Charter amendments, would they be in violation of this section – the answer was yes unless the commission had already had their last meeting and disbanded, even if it was before the election.

There was a consensus for Law to bring back additional information from state and federal law regarding limiting a City employee’s freedom of speech.

4) Section 14.4 All Ordinances Effective on Municipal Land – No discussion

On motion of Commissioner Trafton and second by Commissioner Dayton, the Commission voted unanimously 7-0 (Commissioners Atcheson, Cacchio, Cox, Derks and Ruiz “Absent”) to accept Article XIV, Section 14.4 as written with no amendments. Motion passed.

5) Section 14.5 Notice of Suits – Discussed the number of days

On motion of Vice-Chairman Williams and second by Commissioner DeMoro, the Commission voted unanimously 7-0 (Commissioners Atcheson, Cacchio, Cox, Derks and Ruiz “Absent”) to accept Article XIV, Section 14.5 as written with no amendments. Motion passed.

6) Section 14.6 Official Bonds – No discussion

On motion of Commissioner Devine and second by Commissioner DeMoro, the Commission voted unanimously 7-0 (Commissioners Atcheson, Cacchio, Cox, Derks and Ruiz “Absent”) to accept Article XIV, Section 14.6 as written with no amendments. Motion passed.

7) Section 14.7 Charter Amendment – Discussed changing 60 days

On motion of Vice-Chairman Williams and second by Commissioner Beaudoin, the Commission voted unanimously 7-0 (Commissioners Atcheson, Cacchio, Cox, Derks and Ruiz “Absent”) to amend Article XIV, Section 14.7 to now read “The Council shall at once provide by ordinance that any amendment so proposed shall be submitted to the electors at the next available regular or special election date as established by Missouri election calendar in accordance with state law for which timely notice may be given”. Motion passed.

8) Section 14.8 Charter Review Commission – Discussed the rights of the Charter Commission to present proposed revisions to the voters and the rights of the City Council to approve, or not approve, an ordinance to put the proposed revisions on the ballot. Section 14.7 states the City Council must at once provide by ordinance that any amendments so proposed be submitted to the electors at the next available election.

On motion of Commissioner Beaudoin and second by Commissioner Devine, the Commission voted unanimously 7-0 (Commissioners Atcheson, Cacchio, Cox, Derks and Ruiz “Absent”) to accept Article XIV, Section 14.8 as written with no amendments. Motion passed.

9) Section 14.9 Public Improvements and Special Assessments – No discussion

On motion of Commissioner Dayton and second by Commissioner Devine, the Commission voted unanimously 7-0 (Commissioners Atcheson, Cacchio, Cox, Derks and Ruiz “Absent”) to accept Article XIV, Section 14.9 as written with no amendments. Motion passed.

10) Section 14.10 Proof of Ordinance – No discussion

On motion of Commissioner DeMoro and second by Commissioner Beaudoin, the Commission voted unanimously 7-0 (Commissioners Atcheson, Cacchio, Cox, Derks and Ruiz “Absent”) to accept Article XIV, Section 14.10 as written with no amendments. Motion passed.

11) Section 14.11 Separability – No discussion

On motion of Commissioner Dayton and second by Commissioner DeMoro, the Commission voted unanimously 7-0 (Commissioners Atcheson, Cacchio, Cox, Derks and Ruiz “Absent”) to accept Article XIV, Section 14.11 as written with no amendments. Motion passed.

B. ARTICLE XV.  TRANSITIONAL PROVISIONS

1) Section 15.1 Personnel System - No Discussion

2) Section 15.2 Continuance of Taxes, Assessments and Fees - No Discussion

3) Section 15.3 Ordinances to Remain in Force - No Discussion

4) Section 15.4 Pending Actions and Proceedings - No Discussion

5) Section 15.5 Continuance of Contracts, Public Improvements and Taxes - No Discussion

C. ARTICLE XVI. SCHEDULE

1) Section 16.1 Election to Adopt Charter – No Discussion

2) Section 16.2 Election of City Officials – No Discussion

3) Section 16.3 Time of Taking Full Effect – No Discussion

4) Section 16.4 Temporary Ordinances – No Discussion

5) Section 16.5 Purpose of Schedule – No Discussion

D. ARTICLE XVII. TRANSITIONAL PROVISIONS FOR CHARTER AMENDMENTS APPROVED BY THE VOTERS ON NOVEMBER 6, 2007

1) Section 17.1 Election to Amend Charter – No Discussion

2) Section 17.2 Election of City Officials – No Discussion

3) Section 17.3 Time of Taking Full Effect – No Discussion

4) Section 17.4 Purpose of First Amendment Schedule – No Discussion

Articles Xv, XVI and XVII are transitional provisions and were only left in during the last Charter Review for historical content.

On motion of Vice Chairman Williams and second by Commissioner Devine, the Commission voted unanimously 7-0 (Commissioners Atcheson, Cacchio, Cox, Derks and Ruiz “Absent”) to strike Articles XV, XVI and XVII from the November 2007 Charter.  Motion passed.

4. Roundtable  

Chairman Bratton reviewed the work that still needs to be done; housekeeping issues, citizen recommendation review, language from Law Department for Section 14.3, sample ballot language from Law Department and discussion on how to approach communicating to the community and the budget for education. There was a discussion about having two separate final reviews of all Articles, the Missouri Municipal League and the Commission. A request was submitted to include provisions regarding the vision of the City, civil rights, environmental protection, cultural preservation, general plan, etc.

Adjournment: 

The August 16, 2016, City Charter Review Commission meeting was adjourned by Chairman Bratton at 6:55 p.m. at City Hall, 220 SE Green Street, Council Committee Room.

Action Letter by Stacy Lombardo, Public Works Administrative Assistant, Recorder.


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