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Home » Lee's Summit City Updates » Charter Review 2016-17 » Charter Review Minutes, Oct. 18, 2016

Charter Review Minutes, Oct. 18, 2016

Charter Review Minutes, Oct. 18, 2016

ACTION LETTER
CITY CHARTER REVIEW COMMISSION 
COUNCIL COMMITTEE ROOM

5:30 p.m., October 18, 2016

Members present for roll call: Mike Atcheson, John Beaudoin, Gladys Bratton, Fred DeMoro, Jim Devine, Jose Ruiz, Terry Trafton and Ron Williams.

Members absent for roll call: Lenny Cacchio, Brad Cox, Michael Dayton (arrived at 5:36 PM) and Paula Derks

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

Call to Order: 

The October 18, 2016, City Charter Review Commission was called to order by Chairman Bratton, at 5:33 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 web site.

Roll Call:

1. Approval of October 4, 2016, Action Letter.

On motion of Vice Chairman Williams and second by Commissioner Beaudoin, the Commission voted unanimously 8-0 (Commissioners Cacchio, Cox, Dayton and Derks “Absent”) for approval of the Action Letter for October 4, 2016.  Motion passed.

Commissioner Devine asked the Commission to consider adding verbiage to the Charter that includes the value orientation and aspersions of the community.  He referred to the charters from Santa Clara, Albuquerque, Santa Fe and the National League of Cities model charter document that talks about the purpose for a Charter. He quoted from the model charter document “The charter reflects the values of a city such as self-determination, diversity, inclusiveness, justice and quality of responsiveness, and citizen participation.” He then reported that the preamble of the Santa Fe Charter includes code of ethics, human civil rights, environmental protection, cultural preservation, campaign finance reform, general plans to support the local business community and other charters have included historical preservation. He doesn’t want for people to read the charter and to get

stuck in the administration but to be captured by the vision of the community. Chairman Bratton explained that the task that was put in front of them had a timeline so it was important to get that done first so there would be time to consider suggestions for additions.

2. REVIEW OF ARTICLES III to XVII:

A. Article III City Council

1. Sections 3.2 through 3.13 – No discussions or motions to amend.

There was discussion about how to proceed with the final evaluation of articles. It was decided to review only the articles that the Commissioner’s submitted to the City Clerk for further review.

2. Article III Section 3.15 Charter Violation and Ethics Code - The discussion included, but was not limited to:
 Using “may” verses “shall”. Showing preference, legal responsibilities and oversight.
 Open records law.
 If 3 people know about a charter violation and only one of them brings it to the attention of the council then the other two would be in violation of the charter.
 Taking out the first paragraph.
 Whistle blower policy of the city.
 Citizens have the option for recall but they wouldn’t necessarily know about a violation.
 A provision of the ethics policy needs to provide a way to report to the public and penalties that will be imposed.
 If the Commission can’t tackle charter violations in the charter then what is the purpose of reviewing it.

Commissioner DeMoro made a motion with a second by Commissioner Dayton, to amend Article III, Section 3.15 to remove the first proposed paragraph and add wording to the new first sentence to now read “Any violation of this Charter or adopted Ethics Code may constitute a cause for discipline up to and including removal from office."

On motion of Vice Chairman Williams and second by Commissioner Atcheson, the Commission voted unanimously 9-0 (Commissioners Cacchio, Cox and Derks “Absent”) to amend the motion to include changing the word “provision” in the last paragraph to “section” .   Motion passed.

On the amended original motion, the Commission voted 7-2 (Chairman Bratton and Commissioner Devine “no”, Commissioners Cacchio, Cox and Derks “Absent”) to amend Article III, Section 3.15 to now read:

“Any violation of this Charter or adopted Ethics Code may constitute a cause for discipline up to and including removal from office. The Council shall not impose any such discipline upon a member or the Mayor unless such sanctions receive an affirmative vote of two-thirds of the members of the entire Council, including the Mayor.

The Council shall, within one year of the adoption of this section, enact an Ethics Code governing the conduct of the Mayor and City Councilmembers.”
Motion passed.

On motion of Commissioner Dayton and second by Commissioner DeMoro, the Commission voted unanimously 9-0 (Commissioners Cacchio, Cox and Derks “Absent”) to close Article III. Motion passed.

B. Article IV - Mayor

On motion of Commissioner Trafton and second by Commissioner Beaudoin, the Commission voted unanimously 9-0 (Commissioners Cacchio, Cox and Derks “Absent”) to open Article IV. Motion passed.

1. Article IV Section 4.4(a) Council Meetings – The discussion included, but was not limited to:

 The Mayor voting on all ordinances and resolutions.
 The Mayor always voting last would preserve the ability to break a tie.
 Electronic voting and how the technology works.
 Councilmembers counting votes and trying to set up a tie vote. Collusion behind the scenes.
 A veto doesn’t function properly in a small local government.
 Switching out the Mayoral veto for a record of how the Mayor’s votes.
 Under Roberts Rules, the Chair is not allowed to make a motion.

Vice Chairman Williams made a motion with a second by Commissioner Beaudoin, to amend Article IV, Section 4.4 (a) to add the word resolutions and add the Mayor shall vote last on all items to now read “The Mayor shall preside at meetings of the Council, and shall vote on all ordinances and resolutions except in the event of a legal conflict. The Mayor shall vote last on all items. The Mayor may call special meetings of the Council as provided in Section 3.13 (a), Meetings.“ The motion and second were withdrawn.

On motion of Vice Chairman Williams and second by Commissioner Devine, the Commission voted unanimously 9-0 (Commissioners Cacchio, Cox and Derks “Absent”) amend Article IV Section 4.4 (a) to now read “The Mayor shall preside at meetings of the Council, and may vote on any issue before the Council and shall vote on all ordinances and resolutions except in the event of a legal conflict. The Mayor shall vote last on all items. The Mayor may call special meetings of the Council as provided in Section 3.13 (a), Meetings.“  Motion passed.

2. Article IV Sections 4.5 and 4.6 – No discussion or motions to amend.

On motion of Commissioner Trafton and second by Commissioner Dayton, the Commission voted unanimously 9-0 (Commissioners Cacchio, Cox and Derks “Absent”) to close Article IV. Motion passed.

C. Article VIII - Parks and Recreation Board

On motion of Commissioner Trafton and second by Commissioner Beaudoin, the Commission voted unanimously 9-0 (Commissioners Cacchio, Cox and Derks “Absent”) to open Article VIII. Motion passed.

1. Article VIII Sections 8.1through 8.5 – The discussion included, but was not limited to:

 E-mail from Joan Williams – Parks Board should be elected like the school board.
 Council can vote no for a Mayoral appointment to the Park’s Board and they can remove an appointee.
 Who does the Parks Administrator report to?
 Term limits for Parks Board members.
 Institutional knowledge.
 Any citizen can write a letter asking for removal of a board member.
 The Parks Board is the only board that has direct expenditure of their funds.
 Land purchased by the Parks Board must be titled in the City’s name.
 Review of pros and cons.
 There were no motions for change.

On motion of Commissioner Trafton and second by Commissioner Atcheson, the Commission voted unanimously 9-0 (Commissioners Cacchio, Cox and Derks “Absent”) to close Article VIII. Motion passed.

3. ROUNDTABLE: 

Chairman Bratton noted that the policies submitted by Mr. Troy Jackson are policies that are not included in a Charter.  The City Clerk will have them and can send them to anyone who wants to look at them. They will also be brought up at the end of the process during the discussion about making additions to the Charter.

There was a brief discussion about the timeline.

Mr. Brian Head, City Attorney, said there have been some changes to telecommunication and franchise laws so some amendments will need to be made to Article XII.

Next meeting is November 1.

There was a lengthy discussion regarding ballot questions and education.

Adjournment: 

The October 18, 2016, City Charter Review Commission meeting was adjourned by Chairman Bratton at 7:58 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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