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Charter Amendments Presented by Charter Amendments for San Angelo.

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1 Charter Amendments Presented by Charter Amendments for San Angelo

2 What is a city charter? A City Charter is effectively a city's constitution. A Charter defines the basic structure of city government. A Charter sets limits on what city government can and can't do. A Charter, along with the U.S. Constitution and the Texas Constitution, is the fundamental law of a city.

3 Why change our Charter Our Charter was originally adopted in 1915 and the city has grown and changed since then. Parts of our Charter conflict with Texas or Federal laws, or reference laws that no longer exist. Parts of our Charter have fixed dollar amounts with no way to adjust for inflation. Charter changes are needed to promote better management, operation, and accountability. The last major reviews were in 1975, 32 years ago and 1989, 18 years ago.

4 Where did these changes come from? City council appointed a 7 member Charter Review Committee in March. A list of preliminary areas to look at was suggested by the council. All Charter sections were open to review. City staff was consulted on impact and legal implications. Public input was solicited and welcomed. 26 changes are the committees recommendations. The council added 3 (2 on election code, on on the city clerk) proposals and approved all 29.

5 Charter Changes The Recommended Changes

6 Proposition 1 Shall Section 5 of the Charter regarding corporate powers of the City be amended to eliminate surplus language and delete the reference to maximum fines of $200.00?

7 Current Section 5 Corporate Powers The City shall have all the powers granted to cities by the Constitution and Laws of the State of Texas together with all of the implied powers necessary to carry into execution such granted powers. The powers hereby conferred expressly and permissively by Chapter 147, Page 307, of the Acts of the 33rd Legislature, Regular Session, enacted in 1913 pursuant to the Home Rule Amendment of the Constitution of Texas, known as the Enabling Act and including Articles 1175, 1176, 1177, 1178, 1179 and 1180 of the Revised Civil Statutes of Texas, 1925, as now or hereafter amended, all of which are hereby adopted. In addition to the powers enumerated herein, and subject only to the limitations imposed by the Constitution and Laws of the State of Texas and this Charter, the City shall have, without the necessity of express enumeration, each and every power, which by virtue of Article XI, Section 5 of the Texas Constitution, the people are empowered by election to grant or confer upon the city by expressly and specifically granting and enumerating the same herein. All such powers, whether express or implied, shall be exercised and enforced in the manner prescribed in this Charter or when not prescribed herein, in such manner as shall be provided by ordinance. The City Council shall provide for the enforcement of all ordinances enacted by it by a fine not to exceed Two Hundred ($200.00) Dollars.

8 Why change Section 5? Corporate Powers State law references are no longer current. Much of the section is redundant or unnecessary. The $ limit on fines is out dated and not supported by state law.

9 Proposed Section 5. Corporate Powers The City shall have all the powers granted to cities by the Constitution and Laws of the State of Texas together with all of the implied powers necessary to carry into execution such granted powers.

10 Proposition 2 Shall Section 6 of the Charter be amended by adding a provision excepting the City’s property and funds from execution and garnishment?

11 Current Section 6 Exemption from liability for damages The Council shall establish by ordinance the necessary notice requirements that an individual or entity must meet before pursuing a liability claim against the City for property damages, death or personal injury.

12 Why Change Section 6 Exemption from liability for damages State law allows a municipality to protect the city's property from execution. The current section of the charter only requires a procedure for notice before suit. The proposed changes protects city property and funds without impacting potential liability or responsibility.

13 Proposed Section 6 Exemption from liability for damages No property owned or held by the City shall be subject to any execution of any kind or nature. No funds of the City shall be subject to garnishment, and the City shall never be required to answer in any garnishment proceedings. The Council shall establish by ordinance the necessary notice requirements that an individual or entity must meet before pursuing a liability claim against the City for property damages, death or personal injury.

14 Proposition 3 Shall Section 7 of the Charter be amended to delete language naming the Mayor as chief Executive Officer of the City?

15 Current Section 7 para. 1 Municipal Government The governing authority of the City shall be known as the Council and shall consist of seven (7) Members, including the Mayor. The Mayor shall be the presiding officer of the Council and shall also be the Chief Executive Officer of the City.

16 Why change Section 7 para. 1? Municipal Government The Charter currently assigns the Mayor the title of CEO. The Charter currently assigns all CEO duties, such as hiring and firing, to the City Manager. Texas AG opinions says duties determine the CEO for appointment of chiefs and Civil Service Commissioners. The duties of the Mayor duplicate another section of the charter. This change removes these conflicts.

17 Proposed Section 7 par. 1 Municipal Government The governing authority of the City shall be known as the Council and shall consist of seven (7) Members, including the Mayor.

18 Proposition 4 Shall Section 9 of the Charter be amended to delete qualifications for City Council members relating to delinquent taxes and interests in contracts or sales with the City?

19 Current Section 9 para. A Qualifications A. In addition to the requirements prescribed by law, the following shall be the qualifications for the Members of the City Council: 1.Candidates for the City Council shall have been City residents for the 12 months next preceding the election and Candidates for Single Member District representatives shall have been residents of their respective districts for 6 months next preceding the election. 2. No Member shall be an employee of the City. 3. All candidates must possess the qualifications of a voter. 4. No person shall be eligible for the City Council who, at the time of taking office, is delinquent in payment of a valid tax levy, assessment paving lien or contractual debt or is indebted to the City in any sum of money on judgment. 5. No Member shall have an interest in the profits or emoluments of any contract, job, work or service for the City. 6. No Member shall have an interest in the sale to the City of any supplies, equipment or material.

20 Current Section 9 Para B - E Qualifications B. Any Member who shall cease to possess any of the qualifications herein required shall forfeit his office. C. Any contract in which a Member is or becomes interested may be declared void by the Council. D. Each person elected to City office, as a condition to being administered the oath of office, shall have filed with the City Secretary a signed, sworn statement indicating that he or she is in compliance with the above stated qualifications and requirements. E. Each person subject to this provision shall file with the City Secretary a signed, sworn, updated revision of this statement, annually, while in office.

21 Why change Section 9 Qualifications? Restrictions based on tax levies have been declared unconstitutional by federal courts. Broad restrictions on interest in a contract with the city are most likely unconstitutional. State law already governs conflict of interest in some detail. Council members will still not be able to vote on or discuss issues where there is a potential conflict. The will have to recuse themselves.

22 Proposed Section 9 Qualifications A. In addition to the requirements prescribed by law, the following shall be the qualifications for the Members of the City Council: 1. Candidates for the City Council shall have been City residents for the 12 months next preceding the election. 2. All candidates must possess the qualifications of a voter. 3. No member of the City Council shall be employed under the city government while a member of the City Council. B. Any Member who shall cease to possess any of the qualifications herein required shall forfeit their office. C. Each person elected to City office, as a condition to being administered the oath of office, shall have filed with the City Secretary a signed, sworn statement indicating that he or she is in compliance with the above stated qualifications and requirements. D. Each person subject to this provision shall file with the City Secretary a signed, sworn, updated revision of this statement, annually, while in office.

23 Proposition 5 Shall Section 10 of the Charter be amended in its entirety to provide for an administrative allowance of $ per month for the Mayor and $ per month for each councilmember with cost of living adjustments, plus the same insurance benefits offered to employees and a car allowance to be set by the City Council at an amount not to exceed the City Manager’s car allowance?

24 Current Section 10 Compensation and Attendance The compensation of the Mayor shall be eighteen hundred ($1,800.00) dollars, and of each Council member shall be fifteen hundred ($1,500.00) dollars per annum, payable in monthly installments, provided that if Chapter Two of this proposed Charter is adopted and becomes a part of this Charter the compensation of the Mayor shall be six hundred ($600.00) dollars per annum and of each Council member shall be five hundred ($500.00) dollars per annum, payable in monthly installments, provided, however, that in either event the Mayor or either Council member shall forfeit ten ($10.00) dollars of his salary if absent from any regular meeting of the Council, unless such absence from the meeting is unavoidably necessitated in the services of such officer on business of the city away from the city at the time the meeting is held.

25 Why Change Section 10 Compensation and Attendance? It appears the current compensation was set in 1915 and last looked at around 1947, when the city changed to a city manager form of government. Compensation has not kept up with inflation. Recent Texas AG opinions imply that ALL compensations, including car allowances and insurance, should be in the city charter. The recommended allowance should be sufficient to cover council member expenses but not treat it as a full time job. The change would tie increases to local wages and isolate them from most political pressure.

26 Proposed Section 10 Administrative Allowance Benefits and Attendance The administrative allowance of the Mayor shall be $ per month and the administrative allowance of each Council member shall be $ per month. Effective October 1, 2008, and at the beginning of each subsequent fiscal year of the City, the administrative allowance shall be adjusted to incorporate annual increases based on increases to the Bureau of Labor Statistics median wage index for San Angelo residents. The Mayor and each councilmember shall also receive a car allowance set by the City Council at an amount not to exceed the City Manager’s car allowance and shall be offered insurance benefits on the same terms available to City employees. Policies regarding attendance may be established by ordinance.

27 Proposition 6 Shall Section 11 of the Charter be amended to allow the City Council to designate officers of the City to sign bonds, warrants and other official documents?

28 Current Section 11 Duties of the Mayor The Mayor of the city shall be the presiding officer of the Council. He shall vote as a member of the Council on all matters coming before the body, sign all bonds, warrants and other official documents; be the official head of the city, exercise all powers and perform all duties imposed upon him by this charter and by the ordinances of the city, and resolutions of the Council.

29 Why change Section 11 Duties of the Mayor The Mayor is currently required to sign all official documents. There are times when the City Council should be able to delegate this to some staff member. This section overlaps part of Section 7 para 1. These overlaps are addressed here and in the proposed changes to Section 7.

30 Proposed Section 11 Duties of the Mayor The Mayor of the city shall be the presiding officer of the Council maintaining order and decorum. The Mayor shall: A. vote as a member of the Council on all matters coming before the body; B. sign all bonds, warrants and other official documents, unless some other officer or agent of the city is designated and expressly authorized to do so by the City Council; C. be the official head of the city; and D. exercise all powers and perform all duties imposed upon the Mayor by this charter and by the ordinances of the city, and resolutions of the Council.

31 Proposition 7 Shall Section 15 of the Charter be amended in its entirety to remove references to the Recorder, Board of Education and the City Manager; to reaffirm the City Council’s authority to establish departments and prescribe duties; and to provide for direction by the City Manager?

32 Current Section 15 Departments The City Council shall create and consolidate such appointive offices and may divide the administration of the city's affairs into such departments, as they may deem advisable, and may discontinue any such appointive office or department except the office of Recorder and the Board of Education at their discretion, and except the office of City Manager, in case Chapter Two of this Charter shall be adopted and become a part hereof.

33 Why change Section 15 Departments? The offices of Recorder and Board of Education no longer exist. Chapter 2 (sections 26 thru 30) was passed, so the City Manager is now a protected office. This change clarifies the lines of supervision within the city government.

34 Proposed Section 15 Departments A. Creation of Departments. The City Council may establish city departments, offices, or agencies in addition to those created by this charter and may prescribe the functions of all departments, offices, and agencies. The City Council may abolish or combine one or more departments created by it and may assign or transfer duties of any department of the city from one such department to another by ordinance. B. Direction by City Manager. All departments, offices, and agencies under the direction and supervision of the city manager shall be administered by an officer appointed by and subject to the direction and supervision of the manager. With the consent of council, the city manager may serve as the head of one or more such departments, offices, or agencies or may appoint one person as the head of two or more of them.

35 Proposition 8 Shall Section 18 of the Charter be amended to delete the $ limit on appropriating money under emergency measures?

36 Current Section 18 Emergency Measures DEFINED AND PROVIDED FOR: An emergency measure is an ordinance or resolution for the immediate preservation of the public peace, property, health or safety, or providing for usual daily operation of a municipal department, in which the emergency is set forth and defined in a preamble thereto. Ordinances appropriating money, not exceeding two hundred and fifty ($250.00) dollars and ordinances for the payment of salaries and wages, may be passed as emergency measures, but no measure making a grant, renewal or extension of a franchise, or other special privilege or regulating the rate to be charged for its services by any public utility, shall ever be passed as an emergency measure.

37 Why change Section 18 Emergency Measures? The $ limit is too small to be useful in a genuine emergency situation. Any arbitrary local limit, in addition to the limits applied by state and federal laws, would hamper necessary emergency response.

38 Proposed Section 18 Emergency Measures DEFINED AND PROVIDED FOR: An emergency measure is an ordinance or resolution for the immediate preservation of the public peace, property, health or safety, or providing for usual daily operation of a municipal department, in which the emergency is set forth and defined in a preamble thereto. Ordinances appropriating money and ordinances for the payment of salaries and wages may be passed as emergency measures, but no measure making a grant, renewal or extension of a franchise, or other special privilege or regulating the rate to be charged for its services by any public utility, shall ever be passed as an emergency measure.

39 Proposition 9 Shall Section 21 of the Charter be amended to require that the full text of each new ordinance be available on the internet and that the location on the internet be published after adoption of such ordinance?

40 Current Section 21 Publication of Ordinances Except as provided elsewhere in this charter or by law, the caption and penalty of only those ordinances providing for a fine require publication and then only after such ordinance is adopted. Additionally, the City shall publish, after the time of adoption, a notice stating that the full text of such ordinance is available in the City Secretary's office during business hours. All ordinances which do not require publication, shall become effective as of the date stated therein, and in the event no particular date is stated, said ordinances shall become effective from and after passage and adoption by the Council. When publication is required, an ordinance shall become effective on the day after the date of publication or the date stated in the ordinance, whichever is later.

41 Why change Section 21 Publication of Ordinances? It is currently optional for the city to publish ordinances on the internet. The availability of ordinances on the internet increases their availability. Online and digital distribution results in significant cost reduction.

42 Proposed Section 21 Publication of Ordinances Except as provided elsewhere in this charter or by law, the caption and penalty of only those ordinances providing for a fine require publication and then only after such ordinance is adopted. Additionally, the City shall publish, after the time of adoption, a notice stating that the full text of such ordinance is available in the City Secretary's office during business hours and an address or location on the internet where a copy of the full text of such ordinance is available. All ordinances which do not require publication, shall become effective as of the date stated therein, and in the event no particular date is stated, said ordinances shall become effective from and after passage and adoption by the Council. When publication is required, an ordinance shall become effective on the day after the date of publication or the date stated in the ordinance, whichever is later.

43 Proposition 10 Shall Section 24 of the Charter be amended in its entirety to delete surplus language in reference to the power of the City Council to investigate City departments and employees; deleting reference to fines and imprisonment, and making failure to obey subpoenas issued under this Section a misdemeanor?

44 Current Section 24 Investigation by Council The Council may investigate the financial transactions of any office or department of the city government, and the acts and conduct of any official or employee. In conducting such investigation, the Council may control the attendance of witnesses, the production of books and papers and other evidence, and for that purpose may issue subpoenas or attachments on which shall be signed by the Mayor, and which may be served and executed by an officer authorized by law to serve subpoenas or other process, or any peace officer of the city. If any witness shall refuse to appear or to testify to any facts within his knowledge, or to produce any papers or books in his possession or under his control, relating to the matter under investigation before the Council, the Council shall have the power to cause the witness to be punished as for contempt, not to exceed a fine of one hundred ($100.00) dollars and three days in confinement in the city prison. No witness shall be excused from testifying, touching his knowledge of the matter under investigation in any such inquiry, but such testimony shall not be used against him in any criminal prosecution except for perjury committed upon such inquiry.

45 Why Change Section 24 Investigation by Council? The City Council needs clear and realistic investigative powers to fulfil its oversight and leadership duties. The punishments of confinement in the city prison (which does not exist) and $ fine (which is not effective) need to be changed. The proposed changes simplify and clarify the investigative powers without imposing unrealistic limitations.

46 Proposed Section 24 Investigation by Council The City Council shall have power to inquire into the conduct of any office, department, agency, officer or employee of the city and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misdemeanor.

47 Proposition 11 Shall Section 27 of the Charter be amended to delete the reference to a minimum salary of $2, for the City Manager?

48 Current Section 27 Compensation and Duration of Office The City Manager shall receive an annual salary of not less than $2,500, to be fixed by the City Council, payable in monthly instalments, and shall hold his office at the will of the Council. (Amended 12/30/47)‏

49 Why change Section 27 Compensation and Duration of Office The $2, salary limit is unrealistic and unnecessary. This section hasn't been looked at since it was introduced in One of the goals of the Review committee was to eliminate inflexible, unrealistic, unnecessary fixed dollar amounts in the charter.

50 Proposed Section 27 Compensation and Duration of Office The City Manager shall receive a salary fixed by the City Council, and shall hold office at the will of the City Council.

51 Proposition 12 Shall Section 28 of the Charter be amended to require that only those City employees who report directly to the City Manager be appointed with advice and consent of the City Council?

52 Current Section 28 Powers and Duties of City Manager The City Manager shall see that the laws and ordinances of the City are enforced, shall appoint all appointive officers or employees of the City (except the Judge) with the advice and consent of the Council (such appointments to be made upon merit and fitness alone) and may at will remove any officers or employees appointed by the City Manager. The City Manager shall exercise control and supervision over all departments and offices that may be created by the Council and all appointed officers and employees. The City Manager shall have the right to take part in the discussion at meetings of the Council but shall have no vote. The City Manager shall recommend to the Council such measures as the Manager may deem necessary or expedient. The City Manager shall keep the Council fully advised as to the financial condition and needs of the City and perform such other duties as may be prescribed by this Charter or which may be required by ordinance or resolution of the Council.

53 Why change Section 28 Powers and Duties of City Manager The City Manager currently appoints all appointive officers or employees within the city. The charter currently requires Councils’ advice and consent on all of these. This should be limited to employees and officers that directly report to the City Manager. This would not reduce Councils oversight capabilities, but would stream line personnel actions.

54 Proposed Section 28 Powers and Duties of City Manager The City Manager shall see that the laws and ordinances of the City are enforced, shall appoint all appointive officers or employees (who report directly to the city manager) of the City (except the Municipal Judges) with the advice and consent of the Council (such appointments to be made upon merit and fitness alone) and may at will remove any officers or employees appointed by the City Manager. The City Manager shall exercise control and supervision over all departments and offices that may be created by the Council and all appointed officers and employees. The City Manager shall have the right to take part in the discussion at meetings of the Council but shall have no vote. The City Manager shall recommend to the Council such measures as the Manager may deem necessary or expedient. The City Manager shall keep the Council fully advised as to the financial condition and needs of the City and perform such other duties as may be prescribed by this Charter or which may be required by ordinance or resolution of the Council.

55 Proposition 13 Shall the City Charter be amended by adding Section 28A which states that the City Council shall deal with City employees who are subject to the direction and supervision of the City Manager solely through said Manager?

56 Why Add Section 28A City Managers Authority? The authority of the City Council vs. the City manager in the day to day operation is unclear. Currently, council members could task city employees directly without informing their supervisors. This has been a problem in the past, and in other governmental bodies. This addition clarifies the authority of the City Manager and how the Council should interact with city employees.

57 Proposed Section 28A City Managers Authority Except for the purpose of inquiry or investigation, the City Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager, (whether directly supervised by the City Manager or indirectly through supervisors ultimately responsible to the City Manager), solely through the City Manager, or his designee, and neither the council or any member thereof shall give orders, publicly or privately, to any such officer or employee.

58 Proposition 14 Shall Section 34 of the Charter be amended in its entirety to require an annual independent audit after the close of each fiscal year?

59 Current Section 34 Audit and Examination The Council shall cause a continuous audit of the books of account, and of all records and transactions of the administration of the affairs of the city; such audit shall be made annually embracing each fiscal year and shall be made by a certified public accountant. The duty of the certified public accountant shall include the certification of all statements required in Section 22 of this article, such statements shall include a general balance sheet showing summaries of income and expenditure and also comparisons, in proper classification, with the last previous audit; such summaries shall be published in some newspaper published in San Angelo, one time, within ten (10) days after the completion of such audit.

60 Why Change Section 34 Audit and Examination The current audit procedure references an incorrect “Section 22”. The proposed change is a rewrite to improve clarity. The proposed change is based on Texas model charters. This change also requires Internet posting of the results of the audit.

61 Proposed Section 34 Audit and Examination As soon as practicable after the close of each fiscal year, an independent audit shall be made of all accounts of the city government by certified public accountants, selected by the City Council who have no personal interest, directly or indirectly, in the financial affairs of the city government, or any of its officers. The results of the audit shall be published immediately upon its completion. A copy of the full text of such audit shall be posted at an address or location on the internet where the citizens of San Angelo have ready access.

62 Proposition 15 Shall Section 36 of the Charter be amended to allow the Lake Nasworthy Trust Fund to be managed as a separate trust; to clarify that a majority of participating voters can change the purpose of the fund; and to change the term “”interest” to “investment income”?

63 Current Section 36 Lake Nasworthy A. The Lake Nasworthy Trust Fund ("Fund" hereinafter) is hereby established. Twenty percent (20%) of all lake lot lease payments and the proceeds from the sale of any lake lot shall be placed into the Fund. Lake lots shall not be sold for less than fair market value as determined by an appraisal approved by the City. B. No portion of the principal of the Fund shall be expended for any purpose unless authorized by a majority vote of the qualified voters of the City of San Angelo at an election held for that purpose. C. Ninety percent (90%) of the annual interest revenue from the Fund may be used by the City of San Angelo to pay for lake and river improvements, services to enhance water recreation and the elimination of related litter and pollution. Ten percent (10%) of the annual interest revenue shall be added to the principal of the Fund. A public hearing must be held on the proposed uses of the interest revenue during the budget and budget amendment process. D. No designated park, recreation or wilderness area at Lake Nasworthy may be sold unless authorized by a majority vote of the qualified voters of the City of San Angelo at an election held for that purpose. E. The City of San Angelo may retain or obtain easements or rights of ways on the lake lots or may impose land use controls or other regulations to ensure protection of the City's water supply, elimination of blight and pollution or for any other public purpose.

64 Why change Section 36 Lake Nasworthy? Lake Nasworthy funds are currently invested in what amounts to a low interest savings account. This change would require them to be managed as a separate trust. The term interest is replaced by investment income to emphasize the fund should be invested. The term Participating Voters is added to clarify the section on elections.

65 Proposed Section 36 Lake Nasworthy A. The Lake Nasworthy Trust Fund ("Fund" hereinafter) is hereby established, which shall be managed as a separate trust. Twenty percent (20%) of all lake lot lease payments and the proceeds from the sale of any lake lot shall be placed into the Fund. Lake lots shall not be sold for less than fair market value as determined by an appraisal approved by the City. B. No portion of the principal of the Fund shall be expended for any purpose unless authorized by a majority vote of the qualified participating voters of the City of San Angelo at an election held for that purpose. C. Ninety percent (90%) of the annual investment income from the Fund may be used by the City of San Angelo to pay for lake and river improvements, services to enhance water recreation and the elimination of related litter and pollution. Ten percent (10%) of the annual investment income shall be added to the principal of the Fund. A public hearing must be held on the proposed uses of the investment income during the budget and budget amendment process. D. No designated park, recreation or wilderness area at Lake Nasworthy may be sold unless authorized by a majority vote of the qualified participating voters of the City of San Angelo at an election held for that purpose. E. The City of San Angelo may retain or obtain easements or rights of ways on the lake lots or may impose land use controls or other regulations to ensure protection of the City's water supply, elimination of blight and pollution or for any other public purpose.

66 Proposition 16 Shall Section 38 of the Charter be amended to allow the City Council to contract with an employee for personal services for a stated period of time in order to recover the expenses of training such employee?

67 Current Section 38 Contracts for Services No contract shall ever be made which binds the City to pay a permanent employee for personal services to be rendered for any stated period of time, but all officers and employees of the City, other than elected officials, shall be appointed and shall be subject to preemptory discharge as provided in this Charter. Provided, however, that the Council may contract for services which cannot be provided by the City's permanent employees. Any violation of this section shall render the contract involved voidable by the Council.

68 Why change Section 38 Contracts for Services This section prohibits contracts with permanent employees for future service. There are many positions within the city that require special training that the city must pay for. This section prohibits a contract that would hold an employee to either work for a certain term in exchange for the training, or reimburse the city if the employee leaves before the end of the term. This change also helps protect those employees with special training.

69 Proposed Section 38 Contracts for Services No contract shall ever be made which binds the City to pay a permanent employee for personal services to be rendered for any stated period of time, but all officers and employees of the City, other than elected officials, shall be appointed and shall be subject to preemptory discharge as provided in this Charter. Provided, however, that the Council may contract for services which cannot be provided by the City's permanent employees. Provided further, the Council, in consideration for special or extraordinary training or education, may contract with a city employee for personal services for a stated period of time necessary to recover the costs and expenses of said training or education. Any violation of this section shall render the contract involved voidable by the Council.

70 Proposition 17 Shall Section 45 of the Charter be amended by deleting the sentence requiring canvassing of election results within 5 days after a runoff election?

71 Current section 45 Election Rules The Council shall be the judge of elections and the qualifications of its Members. At every regular election and every special election called to fill one or more vacant elective offices, election to each office shall be by a majority of the votes cast for such office at such election. Where in any election for elective office no candidate receives the majority of all the votes cast for such office at such election, the Council shall, immediately upon declaring the official results of the election, issue a call for a run-off election for each position to which no one was elected. Such run-off election shall be held on a day to be set by the Council which will comply with State Law, and, in such run-off election, the two candidates who received in the preceding election the highest number of votes for each place to which no one was elected shall be voted on again and the candidate who receives the majority of the votes cast for such place in the run-off election shall be declared elected to such office. The Council shall on the next regular meeting day of said Council, and in any event within five days after said run-off election, canvass returns and declare the results of such election. Each person elected at a City election shall take office immediately upon completion of the official canvass and issuance of a certificate of election to such person.

72 Why change Section 45 Election Rules? This section requires a canvass of the results within 5 days. This conflicts with state law. The proposed changes remove this conflict.

73 Proposed Section 45 Election Rules The Council shall be the judge of elections and the qualifications of its Members. At every regular election and every special election called to fill one or more vacant elective offices, election to each office shall be by a majority of the votes cast for such office at such election. Where in any election for elective office no candidate receives the majority of all the votes cast for such office at such election, the Council shall, immediately upon declaring the official results of the election, issue a call for a run-off election for each position to which no one was elected. Such run-off election shall be held on a day to be set by the Council which will comply with State Law, and, in such run-off election, the two candidates who received in the preceding election the highest number of votes for each place to which no one was elected shall be voted on again and the candidate who receives the majority of the votes cast for such place in the run-off election shall be declared elected to such office. Each person elected at a City election shall take office immediately upon completion of the official canvass and issuance of a certificate of election to such person

74 Proposition 18 Shall Section 46 of the Charter be deleted in order to comply with state election laws?

75 Current Section 46 Election Returns The Council shall, on the next regular meeting day of said Council and in any event within five (5) days after each regular and special election, canvass the returns and declare the result of such election.

76 Why change Section 46 Election Returns? Section 46 conflicts with state law. Section 46 is also unnecessary as state law governs this part of handling of election returns.

77 Proposition 19 Shall Section 49 of the Charter be amended in its entirety to delete references to out of date state law?

78 Current section 49 Municipal Court Created There is hereby created in the City of San Angelo a court to be known as the Municipal Court, which shall have the jurisdiction defined by Article 904 of Chapter 5, Title 22, of the Revised Civil Statutes of the State of Texas.

79 Why Change Section 49 Municipal Court Created? The current section contains references to laws that no longer exist. It is only necessary to reference state law in general to create the municipal court.

80 Proposed section 49 Municipal Court Created There shall be established and maintained in the City of San Angelo a court to be known as the Municipal Court, which shall be deemed always open for the trial of causes, with such jurisdiction, powers and duties as are given or may hereafter be permitted by the laws of the State of Texas.

81 Proposition 20 Shall Section 50 of the Charter be amended to provide for the appointment of additional judges and to delete surplus language relating to the appointment of temporary judges?

82 Current section 50 Judge Such court shall be presided over by a magistrate to be known as the Judge of such court, whose appointment shall be made, duties defined, and compensation fixed by the Council. If, for any cause, the Judge shall temporarily fail to act, then the Council is hereby authorized to appoint a person who shall become certified under the laws of the State of Texas as a municipal judge to act as Judge. The person appointed as temporary judge shall have the powers and discharge all the duties of said office and shall receive compensation set by the Council while so acting. A temporary Judge, if a licensed attorney during the appointment, shall not represent clients on matters pending in the Municipal Court. The appointment of a temporary Judge shall be by resolution of the Council, filed in the office of the City Secretary. In the event of an emergency, such appointment may be made by the presiding Judge or in his absence, the City Manager, provided however, no compensation shall be paid to the Judge so appointed unless confirmed by the Council.

83 Why change Section 50 Judge? The current section only allows for 1 judge, although we need and have 2. The state already sets out the requirements for a judge and governs ethics and conflicts of interest. The proposed section simplifies this section and clarifies the appointment of temporary judges.

84 Proposed section 50 Judge Such court shall be presided over by a magistrate to be known as the Judge of such court together with such additional Judges, whose appointments shall be made, duties defined, and compensation fixed by the Council. If, for any cause, the Judge or Judges shall temporarily fail to act, then the Council is hereby authorized to appoint a person who shall become certified under the laws of the State of Texas as a municipal judge to act as Judge.

85 Proposition 21 Shall Section 51 of the Charter be amended to delete the unnecessary reference to “fines” and the inaccurate reference to “imprisonment”?

86 Current Section 51 Jury Trial Every person brought before the Judge to be tried for an offense, for which the penalty may be fine or imprisonment, or both, shall be entitled, upon demand, to be tried by a jury of six residents of the City, who shall be summoned, impaneled and qualified as jurors in justice court under the laws of the State.

87 Why change Section 51 Jury Trial? The reference to fines is unnecessary. The reference to imprisonment is inaccurate and unnecessary. The reference to Justice Court is misleading and unnecessary. These changes clarify the jury trial procedures. These changes will not affect the right to a jury trial.

88 Proposed Section 51 Jury Trial Every person brought before the Judge to be tried for an offense shall be entitled, upon demand, to be tried by a jury of six residents of the City, who shall be summoned, impaneled and qualified as jurors under the laws of the State.

89 Proposition 22 Shall Section 52 of the Charter be amended in its entirety to state that the rules of procedure prescribed by the laws of Texas will apply to Municipal Court?

90 Current Section 52 Practice and Procedures Proceedings in the Municipal Court shall be commenced by complaint, which may be sworn to before the Judge, or the person acting as City Attorney, or his deputies or any other officer authorized by the law to administer oaths. Where not otherwise prescribed by the terms of this charter, or ordinance, the rules of pleading, practice and procedure prevailing, and prescribed by law for justice courts shall apply to the Municipal Court as far as applicable.

91 Why change section 52 Practice and Procedures? There are obsolete references in the current section. Section 52 should be brought in line with standard court procedures in the rest of the state. Consistent court procedures lead to more consistent application of law.

92 Proposed Section 52 Practices and Procedures The rules of pleading, practice and procedure prevailing, and prescribed by the laws of the State of Texas shall apply to the Municipal Court.

93 Proposition 23 Shall Sections 53 through 58 inclusive, of the Charter, all relating to Municipal Court, be repealed in their entirety; such provisions relating to the Municipal Court seal, complaints, fines, jury fees, Judge’s salary and the City prison?

94 Current Sections SECTION 53. COURT SEAL: The court shall have a seal, having engraved thereon a star of five points in the center, and the words "Municipal Court, San Angelo, Texas," the impress of which shall be attached to all process, except subpoenas issued out of said court, and shall be used to authenticate acts of the Clerk and of the Judge where he is authorized or required to use the seal of office. (Amended 4/29/72)‏ SECTION 54. PUBLICATION OF COMPLAINT: In all prosecutions in said court, either under ordinance or the provisions of the penal code of the State, the complaint shall commence "In the name and by the authority of the State of Texas," and shall conclude "against the peace and dignity of the State," and where the offense is covered by an ordinance, the complaint may also conclude as "contrary to the said ordinance." Prosecution in such court shall be conducted by the person acting in the capacity of City Attorney or his deputy but the County Attorney of Tom Green County, may if he so desires, also represent the State of Texas in such prosecutions, but in all such cases the said County Attorney shall not be entitled to receive any fees or compensation for his services, and in no case shall the County Attorney have the power to dismiss any prosecution pending in said court unless for reasons filed and approved by the Municipal Judge. (Amended 4/29/72)‏ SECTION 55. FINES: All costs and fines imposed and collected by the said court shall be paid into the City for the use and benefits of the City, or as may otherwise be prescribed by State law. (Amended 4/29/72 and 5/6/89)‏ SECTION 56. JURY AND WITNESS FEES: The provisions of Articles 915, 916, 917, 918 and 919 of Chapter 5, Title 22, of the Revised Civil Statutes of the State of Texas relating to jury and witness fees, enforcing the attendance of witnesses upon said court for contempt, service or process, execution and issuance of writs, and proceedings in relation to peace bonds or similar, are hereby adopted as a part of this charter. (Amended 4/29/72)‏ SECTION 57. SALARY OF JUDGE: The fee system for the compensation of the officers of said court is hereby abolished and the City Council shall prescribe the salary of the Judge of said Court, payable monthly and the governing authority of the city may employ a licensed attorney or attorneys to act for the city before the court and in all other matters in which the city may be interested and shall fix the compensation therefor and in the manner of payment. (Amended 12/30/47 and 4/29/72)‏ SECTION 58. CITY PRISON: To enforce judgments of said court the governing authority of said city may establish, maintain and regulate the city prison, work-houses and other means of punishment for vagrants, city convicts and disorderly persons, and such hospitals, orphanages, and charitable institutions as may be deemed expedient by the governing authority. (Amended 4/29/72)‏

95 Why delete Sections ? The references to state laws are out of date or incorrect and unnecessary. Jury and witness fees are set by state law and don't need to be duplicated in the charter. The use of fines is already set by state law. Reference to a city prison, orphanage, etc. is not needed.

96 Proposition 24 Shall Section 59 of the Charter be amended to delete the requirement that 5 to 10 cents of each $ property valuation be delivered to the Park Commission?

97 Current Section 59 Taxation, second to last paragraph All monies arising from the collection of taxes levied for the payment of interest and principal on bonded indebtedness, shall be maintained in a separate fund to be designated as "interest and sinking fund," and a separate account kept of the funds applicable to each bond issue, and all monies arising from the collection of taxes for general government purposes shall be maintained in a separate fund to be designated as the "General Fund", provided that out of the general fund there shall be annually segregated and delivered to the custody and control of the Park Commissioners of the City, an amount not less than five (5) cents nor exceeding ten (10) cents on the one hundred dollars ($100.00) assessed valuation of all property in the City

98 Why change Section 59 Taxation, second to last paragraph The current section requires money collected from the property tax to be turned over to the parks commission, with no real oversight or control. This is not legal or how we do business. Parks are currently funded through a number of sources including ½ cent sales tax and user fees. The numbers listed in the charter unduly restrict the options of the city. Some parks projects funded by the ½ cent sales tax exceed the amount in the charter.

99 Proposed Section 59 Taxation, second to last paragraph All monies arising from the collection of taxes levied for the payment of interest and principal on bonded indebtedness, shall be maintained in a separate fund to be designated as "interest and sinking fund," and a separate account kept of the funds applicable to each bond issue, and all monies arising from the collection of taxes for general government purposes shall be maintained in a separate fund to be designated as the "General Fund."

100 Proposition 25 Shall the Charter be amended by adding Section 59A requiring the preparation and adoption of a capital program each year?

101 Why add Section 59A Capital Program Capital items and facilities are those that have a long life span, typically longer than 5 years. Maintenance, repair, and replacement of capital items and facilities is a basic function of government that is often overlooked. We have recently seen the results of ignoring capital needs. The city has started a compatible capital maintenance and improvement program. This addition would prevent these capital needs from being ignored by future councils. This addition would require the public notice and input and approval before the rest of the budget is approved.

102 Proposed Section 59A Capital Program pt 1. A. Submission to City Council. The City Manager shall prepare and submit to the city council a multi- year capital program no later than five months before the final date for submission of the budget. B. Contents. The capital program shall include: (1) A clear general summary of its contents; (2) Identification of the long-term goals of the community; (3) A list of all capital improvements and other capital expenditures which are proposed to be undertaken during the fiscal years next ensuing, with appropriate supporting information as to the necessity for each; (4) Cost estimates and recommended time schedules for each improvement or other capital expenditure; (5) Method of financing upon which each capital expenditure is to be reliant; (6) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired; (7) A commentary on how the plan addresses the sustainability of the community and the region of which it is a part; and (8) Methods to measure outcomes and performance of the capital plan related to the long-term goals of the community, said methods shall be based on the best practices or methodology, including, but not limited to, methodology based upon the present value of all future cash flows of the above. The above shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition.

103 Proposed Section 59A Capital Program pt 2 C.Notice and Hearing. The City Council shall publish at an address or location on the internet where the citizens of San Angelo have ready access a copy of the capital program. The City Council shall also publish the time and place, not less than two weeks after such publication of the capital program, for a public hearing on the capital program. D.Adoption. The City Council by resolution shall adopt the capital program with or without amendment after the public hearing and on or before adoption of the annual budget. This program or any portion thereof may be deleted, modified, or suspended during the course of a fiscal year by majority vote of the city council, based on events, changes in technology or other circumstances which justify such action.

104 Proposition 26 Shall Sections 60 through 64 of the Charter, which provides for an elected Chief of Police as well as qualifications, term of office, duties and authority, be repealed, thereby creating an appointed Chief of Police position?

105 Current Sections Police SECTION 60. CHIEF OF POLICE: There is hereby created the elective office of Chief of Police for the City of San Angelo. SECTION 61. QUALIFICATIONS: The Chief of Police shall have been a resident of the City of San Angelo for a period of at least two years immediately prior to his election and shall possess the qualifications of electors in said city. SECTION 62. TERM OF OFFICE: The term of office of the Chief of Police for the City of San Angelo shall be four years. (Amended 11/13/79)‏ SECTION 63. DUTIES AND POWERS: It shall be the duty of the Chief of Police to preserve law and order within the City of San Angelo and especially to enforce the ordinances of said city. SECTION 64. AUTHORITY: The Chief of Police shall have exclusive control of the police department of the City of San Angelo and shall have the right to select, employ, discharge at will and to prescribe the salaries of (within the monetary limits fixed by the city budget) the employees in such department.

106 Why remove Sections Police The police chiefs election have become highly politicized. Members of the police department brought a petition to the review committee requesting that we go to an appointed chief.

107 Proposition 27 Shall Section 65 of the Charter be repealed, such section creating the Park Commission?

108 Current Section 65 Park Commission There is hereby created and established a Park Commission to be composed of three (3) members, all resident citizens of the City of San Angelo, and who shall be officially designated as the Park Commissioners of the said City of San Angelo. Said Park Commissioners shall hold their office for terms of two, three and four years, respectively and until their successors are appointed and the present Park Commissioners of San Angelo, at the time of the adoption of this Charter, are hereby continued in office until the expiration of their terms. The general control and supervision of the parks within the City of San Angelo, now or hereafter to be acquired is hereby vested in said Park Commission and all funds set apart for said parks, subject to the approval of the governing authorities, shall be under the control of said Commissioners, any two of whom shall constitute a quorum for the transaction of business of said Park Commission. Upon the death, resignation, removal or expiration of term of office of any of said Park Commissioners, the two remaining Park Commissioners shall nominate a third member for his successor, and upon the approval of the governing authorities of such nomination, such person shall become a member of said board and shall hold his position for the term of four years; provided, that if it appears to the governing authorities, that the person so nominated is an unfit or unsuitable person for such board, the governing authorities may elect a member of its own choice. No salary or compensation of any sort shall be paid to said Park Commissioners, or either of them for their service. The amount appropriated out of the general fund each fiscal or current year for the support and maintenance of the public parks within the city, shall be delivered to the Park Commissioners and their receipt taken therefore, and warrants on said fund shall be drawn by the Park Commissioners upon the signature of at least two of its said members. And no debt shall be contracted by said Park Commission nor any member thereof on account of the public parks and playgrounds of the city, unless so directed and authorized by the governing authorities, nor shall any debts ever be created by said Park Commission on account of the maintenance and operation of the parks and public grounds of the city in any one year, in excess of the appropriation for such purpose for the current year. The Park Commission shall make reports of the expenditures of said funds entrusted to them, from time to time as requested by the governing authorities of the city, and shall, in any event make an annual report of the receipt and disbursement of all funds coming into their hands for the support and maintenance of the public parks and playgrounds of the city, which report shall be filed with the person exercising the duties of City Secretary, and shall be open to public inspection at all times.

109 Why repeal Section 65 Park Commission A park commission is one of the requirements of the donations of early parks such as Santa Fe park. The current structure and procedures in the charter are not the best for a park commission. Council needs the flexibility to structure the park commission by ordinance. It is likely that the number of members needs to be adjusted because of the number of parks. It is also likely it will become an integral, identifiable, part of a Parks and Recreation commission.

110 Proposition 28 Shall Section 66 of the Charter be repealed, said section allowing the creation of a Board of City Development

111 Current Section 66 Board of City Development The Council shall have the authority to appoint what shall be known and designated as a "Board of City Development," which shall be composed of not exceeding fifteen (15) members who shall serve without compensation and may prescribe the qualifications and duties of such board and their term of office, and may appropriate not exceeding ten (10) cents on the one hundred ($100) dollars assessed valuation of the taxable property in the City of San Angelo, from the general fund of said city to support the work of the board.

112 Why repeal Section 66 Board of City Development The Board of City development has not been used or appointed since the Chamber of Commerce was formed. This board is obsolete and unnecessary. Removal of this board is part of good house keeping.

113 Proposition 29 Shall all references to “City Secretary” within the Charter be amended to read “City Clerk”?

114 Why change the references from City Secretary to City Clerk State law references a City Clerk. The duties assigned by charter to the City Secretary are performed by the City Clerk. This change is house cleaning that clarifies duties, etc..


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