CITY HALL, 100 LOCKVILLE ROAD
WEDNESDAY,
JUNE 4, 2008
REGULAR
MEETING
7:00
P.M.
1. ROLL CALL. Mr. Fix called the meeting to order at 7:00 P.M., with roll call as follows: Mr. Sabatino and Mr. Fix were present. Mr. Smith was absent due to business out of town. Others present were Cristie Hammond, Tim Hansley, Lynda Yartin, Phil Hartmann, Carol Carter, and others.
2. APPROVAL OF MINUTES OF May 6, 2008, Regular Meeting. Mr. Sabatino moved to approve; Mr. Fix seconded the motion. Roll call was taken with Mr. Sabatino and Mr. Fix voting “Yea.” Motion passed, 2-0.
3. SCHEDULED MATTERS:
A. Review and discussion regarding Planning and Zoning Commission vacancy interviews. Mr. Fix stated the Committee had received 39 applications for this vacancy and they were going to narrow it down to the top candidates to interview. Mr. Fix stated some qualifications he was looking for included either a background in some kind of planning and zoning or public work or a background in small business or retail. After discussion it was determined that 14 individuals would be scheduled for interviews. Mr. Fix stated he would get with the other committee members and determine two dates for the interviews so Mrs. Yartin could get them scheduled.
B. Review of draft proposed revisions based on discussion at the April Rules Committee meeting. Mr. Fix stated with Mr. Smith not being present this evening, he would like to continue this on the agenda for the next meeting and review all of the proposed revisions to the Charter at that time. Mr. Sabatino stated he concurred with Mr. Fix.
C. Review and discussion regarding proposed revisions to Sections 4, 5, and 6 of the City Charter. Mr. Hartmann stated as he recalled there were no changes in Sections 4.01 and 4.02, and 4.03. Mr. Hartmann stated in Section 4.04 there could be an issue with the requirement that the City Manager reside within the City. He stated there has been a great deal of litigation over this issue and there is a split from the Court of Appeals in Ohio. He stated he was just making the members aware that there is a possibility that this might be found to be unconstitutional. With regard to Section 4.05, Mr. Hartmann stated he felt the language was very strong regarding a council member or Mayor being guilty of malfeasance in office in giving an order to an administrative employee. Mr. Fix and Mr. Sabatino concurred they would like Mr. Hartmann to prepare a proposed revision to this section for the committee to consider at the next meeting.
In discussion of Section 4.06, Mr. Sabatino stated he had spoken to Mr. Hartmann regarding this section and Mr. Hartmann stated the question Mr. Sabatino had raised was basically the execution of contracts and the authority over that. Mr. Hartmann stated Dublin had some language where the City Manager shall execute on behalf of the City all contracts, leases, deeds, easements, conveyance, and agreements. He stated he felt that squarely would put all the obligations on the City Manager. Mr. Sabatino stated what he was looking to accomplish with this is to ensure that we do not have a repeat of someone approving payment of something we have not received yet. Mr. Hartmann stated he felt he could craft some language that would address this issue and Mr. Sabatino stated he felt it was implied that it was the inherent, ultimate duty of the City Manager to ensure that procedures were utilized that protect the assets of the City, and he was looking for something along that line. Mr. Hartmann stated he would work on that language. Mr. Fix stated he also liked the three items listed in Mr. Hartmann’s memo that were derived from other Ohio Charters. Mr. Fix and Mr. Sabatino further stated they would like the first four provisions from Huber Heights, Waynesville, and Dublin included in this section. Mr. Hartmann stated he would include these in this section.
Mr. Fix stated in Section 4.07 dealing with the absence or disability of the Manager, he would like that language clarified to some extent. It currently states the Manager may designate any qualified administrative employee and he questioned what a qualified employee might be. Mr. Sabatino stated he concurred with Mr. Fix that this was rather vague. Mr. Fix clarified the individuals that could be appointed by the City Manager included the Police Chief, Service Manager, Director of Planning and Zoning, Director of Parks and Recreation, and the Director of Personnel. Mr. Fix clarified the Municipal Clerk was not an employee of Council, but was technically not a department or division head. Mr. Fix stated he would like to include the Municipal Clerk as an individual that could be appointed by the City Manager. Mr. Hansley stated he felt there was no provision to provide for an Interim City Manager, which is different than an Acting City Manager. Mr. Hartmann stated he would draft some language to include the appointment of an Interim City Manager.
Mr. Sabatino inquired with regard to Section 4.08 if the Mayor could remove the City Manager without concurrence from Council, and Mr. Hartmann stated the way this section reads the Mayor can remove the City Manager, but he must have the majority of Council concur. Mr. Fix requested the language be corrected to reflect the Administrative Code language and Mr. Hartmann stated he would prepare the language so it would require two-thirds of Council to concur.
With regard to the appointment of the Municipal Clerk, Mr. Hartmann stated he did not know why this was originally set up that the Manager appointed the Municipal Clerk. Mr. Sabatino stated he did not understand if the Municipal Clerk worked for Council why Council would not be the appointing authority. Mr. Hartmann stated he was used to the Clerk being an employee of Council and not appointed by the City Manager. Mr. Sabatino stated the way it is now it could be a potential patronage position. Mr. Fix stated he concurred the Municipal Clerk should be appointed by Council. Mr. Hartmann stated he would draft some language for this section.
There were no recommended changes to Section 4.10.
Mr. Hartmann stated Section 4.11 and 4.12, the appointment of the law director and the engineer was debated at the last meeting. He stated Mr. Smith had participated in that discussion and he felt the Committee may want to discuss this when he was present as he was pretty outspoken about moving the law director under the City Manager. Mr. Fix stated he agreed these should be tabled until the next meeting when Mr. Smith was present.
There were no recommended changes to Sections 4.13, 4.14, and Section 4.15 could be consolidated into 4.13.
There were no recommended changes to Sections 4.16, 4.17, and 4.18.
Mr. Fix requested for the next meeting Mr. Hartmann provide a memo summarizing all of the revisions that have been suggested to date, included the revisions recommended this evening. He stated the Committee would discussion Sections 4.11 and 4.12 at the next meeting and Articles V and VI of the Charter.
4. CHAIRMAN: Mr. Fix stated he had nothing further to bring forward.
5. OTHER BUSINESS: No other business was brought forward.
6. ADJOURNMENT. There being nothing further, Mr. Sabatino moved to adjourn; Mr. Fix seconded the motion. Mr. Fix and Mr. Sabatino voted "Aye." Motion carried, 2-0. The Rules Committee adjourned at 8:05 P.M, June 4, 2008.
RESPECTFULLY SUBMITTED:
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