HomeMy WebLinkAbout1988/06/06 Charter Review Commission Minutes
.
.
.
(
(
MINUTES OF THE CHARTER REVIEW COMMITTEE
June 6, 1988
Council Conference Room
7:00 p.m.
-------------------------------------------------------------------
Members Present:
Chairman Campbell, Members Susan Fuller,
Jack Blakely, Sharon Reid
Members Absent
Carlos Batara, Charles Smith
Staff Present:
City Attorney Torn Harron
Public Participating:
Frank Scott, CROSSROADS, Mary Frances
Click
Chairman Campbell called the meeting to order at 7:02 p.m.
asked if there had been any new issues raised as a result of
notices we had sent out to various groups. Harron noted
there had not.
He
the
that
Chairman Campbell brought up the request from Councilman Moore
for an advisory opinion as to whether he is eligible to run for a
full second term. Mr. Moore's original term was for less than 2
years. Section 300 of the Charter allows a Councilmember who is
appointed or elected to an original term of less than 2 years to
then run for two full terms. Proposition J extended Mr. Moore's
initial term for 1 year to combine it with school district
elections. Member Reid noted that this is primarily a legal
question. Harron gave the opinion that Moore could run because
Proposi tion J was silen t on any effect it migh t have on hi s
ability to run in the future. When interpreting a law, the rules
of statutory construction caution that you should avoid an
interpretation which would impair someone's rights.
Member Reid moved that the Committee advise Councilman Moore that
it is its position that he is eligible to run for a second term.
Member Blakely seconded the motion.
Frank Scott, who noted that he was the author of this amendment
stated tha t he fel t tha t Moore should be enti tIed to run for a
full second term. He noted that the other councilmembers got two
additional years added to their terms without jeopardizing their
position and felt that the same should apply to Councilman
Moore. He did feel that it was inappropriate for the Charter
Review Committee to address this question because it was
primarily a legal question.
Member Reid felt that it was appropriate for the Charter Review
Committee to address this because the Committee advised the
Counc i 1 to put thi s issue on the ballot and it was not thei r
intent at the time to limit Councilman Moore's ability to run for
a full second term. Motion passed unanimously.
(
(
.
Charter Review Minutes
June 6, 1988
Page Two
Chairman Campbell raised the question as to whether campaign
contribution regulations belong in the Charter or the City Code.
Member Fuller asked if the Charter Review Committee should
consider it if it won't be in the Charter. Harron said that the
City Council had anticipated this and asked the Charter Review
Committee for their advice regardless.
Chairman Campbell suggested that Member Batara might want to
br ing up the issue of district elections. Since Member Batara
was not present, the Commi t tee agreed that he would have the
opportunity to do this at the next meeting.
Member Reid expressed her concern about the short timeframe to
deal with such complex issues. It was noted that a decision on
whether to put a contribution/expenditure limitation in the
Charter could result in changes in the schedule. Member Blakely
stated that he felt strongly that this kind of regulation should
not be a Charter amendment. Member Fuller agreed, but wanted to
give candidate Mary Frances Click and Member Batara a chance to
be present and participate in a meeting before the vote was taken.
.
Harron noted that his attempts to
unsuccessful. Chairman Campbell
heard from by the next meeting,
Council.
contact Member Chuck Smith were
suggested that if he is not
this be refer red to the Ci ty
Member Fuller asked if there was a need to distribute more
information with regard to the subject of runoffs. Member Reid
suggested that Councilman Malcolm be notified because he strongly
supported runoffs before the last Charter Review Committee.
Member Reid also asked that the Montgomery Planning Committee be
noticed because of their interest in this subject the last time.
Harron suggested that all subjects under consideration be put on
the agenda for each week even if they are not discussed. This
would allow the membership to discuss them under the Brown Act if
there is a desire to do so. It was agreed that the focus of the
next meeting would be runoffs and the question as to whether
campaign contributions/expenditure regulations should be placed
in the City Code or in the Charter.
.
Member Reid asked questions abou t the effect of Proposi tion 73
and the basic purpose of the Charter. She stated that she may
support a vote on whether people want contribution limits in a
general sense, but she doesn't want specific regulations
particularly dollar limitations in the Charter. These are
subject to inflation and are difficult to change if they require
a vote of the people.
.
.
.
(-
(
Charter Review Minutes
June 6, 1988
Page Three
The Committee discussed problems with voter turnout and the
possibilities of mail ballot elections.
Member Reid discussed the problems associated with any regulation
of expenditures. Mr. Scott, speaking for CROSSROADS, suggested a
bar against voting if a councilmember received more than $250.
He also suggested that there should be a prohibi tion against
franchisees and businesses from making contributions. He noted
that the records of contributions in the past will show that the
money is coming f rom people who do business wi th the Ci ty. He
stated that he prefers to have any regulations dealing with this
matter in the City Code.
Mary Frances Click felt that the Charter should not contain
things that are likely to be changed. Member Reid again
suggested that we might put a statement of our philosophy wi th
regard to campaign contributions in the Charter, but then have
specific regulations in the Ci ty Code. Member Fuller supported
this idea. Chairman Campbell asked Harron to draft some language
for the next week's meeting.
The meeting was adjourned at 8:21 p.m. to the next meeting which
shall be held on June 13, 1988 in the Council Conference Room.
4262a