CITY HALL, 100 LOCKVILLE ROAD
WEDNESDAY,
DECEMBER 3, 2008
REGULAR
MEETING
7:30
P.M.
1. ROLL CALL. Mr. Fix called the meeting to order at 7:30 P.M., with roll call as follows: Mr. Sabatino, Mr. Fix, and Mr. Smith were present. No members were absent. Others present were Tim Hansley, Lynda Yartin, and Phil Hartmann.
2. APPROVAL OF MINUTES OF November 5, 2008, Regular Meeting. Mr. Sabatino moved to approve; Mr. Smith seconded the motion. Roll call was taken with Mr. Smith, Mr. Sabatino, and Mr. Fix voting “Yea.” Motion passed, 3-0.
3. SCHEDULED MATTERS:
A. Review and discussion regarding proposed revisions to the City Charter. Mr. Fix stated the last discussion on the Charter ended at Section 3.04, so he would begin with Section 3.05, page 10, this evening. Mr. Fix stated the only addition in this section was the language that non-monetary benefits including but not limited to health insurance should not be considered as compensation. Mr. Hartmann stated that was included as there is an Attorney General’s opinion that has considered health insurance to be compensation, and the issue is whether this would be considered an in-term pay raise. Mr. Smith clarified this same language was included in Section 2.02 for council members as well.
Under Article IV, Sections 4.01 and 4.02, Mr. Hartmann stated there were no substantive changes it was mainly just rewording the section. Mr. Fix questioned in Section 4.03(B) where it states the City Manager shall appoint, promote, suspend, remove and otherwise discipline all City Employees, if some wording should be added such as “except the employees that report to Council.” Mr. Hartmann stated he would make a note and check to see if that is necessary or if it is covered elsewhere. In section 4.04, the last sentence, Mr. Smith stated he would prefer in lieu of the wording “his or her” that just the word “the” be used. Mr. Smith further stated the last paragraph in 4.04 speaking to the resignation or removal of the City Manager ends with the words “until council hires a new City Manager” and the Mayor is involved in this. Mr. Smith stated the Charter previously states the Mayor will appoint with the approval of Council. Mr. Fix suggested the sentence just read, “until a new City Manager is hired.” Mr. Smith stated he felt that would be better. Mr. Hartmann stated the numbering on the paragraphs was incorrect and he would take care of that in the next draft.
In Article V, Administrative Officials and Departments, Mr. Fix clarified the title of the Municipal Clerk had been changed to City Clerk throughout the Charter. Section 5.03 Finance Director, Mr. Fix stated he would suggest the language regarding providing a thirty (30) day notice for removal be deleted so as to be consistent throughout the Charter. Mr. Hartmann stated he would review this wording. Mr. Fix further stated the language that the salary shall be established by ordinance was duplicated and Mr. Hartmann stated he would remove that. In Section 5.04, Law Director, Mr. Smith clarified the sentence regarding the law director not representing the local Board of Education was statutorily required. Mr. Fix questioned if the Charter should refer to “compensation” rather than “salary.” Mr. Sabatino stated he felt it should refer to “contract.” Mr. Hartmann stated he would make that change, and he would make the same change in section 5.05 regarding the Engineer. Mr. Smith stated this paragraph also reflects that Council hires and fires the Engineer, but puts them under the direction of the City Manager day-to-day. Mr. Sabatino questioned if this would change the relationship between Council and the City Engineer, and Mr. Hansley stated it would change a little bit. Mr. Fix stated however Council could direct the City Manager to have the City Engineer do something. Mr. Hansley stated the Engineer position should not be a political appointee because when council changes, theoretically you could change engineers. Mr. Hansley stated he knew of no other city where the Engineer reported to Council, and Mr. Hartmann stated he had not found any others like that and it is very odd. In Section 5.06, Police and Fire Protection, Mr. Hansley suggested the wording “life squad” be changed to “emergency medical.” In Section 5.07, Police Department, Mr. Sabatino clarified Council does not concur in the appointment of the Police Chief, that position is appointed by the City Manager.
Mr. Hansley stated in Section 4.07, he read that as stating all individuals appointed by him must be confirmed by Council, and Mr. Smith stated he interpreted that as Department Heads. Mr. Hansley stated under the Manager’s Powers section it stated the Manager can hire and fire employees of the City, but under Section 4.07, it states that Council can tell the Manager whom to hire. Mr. Hansley stated he would like some clarification on the intent of what the Manager’s powers were with regard to the hiring and firing of staff. Mr. Hartmann stated he would really question why Section 4.07 was not included in the Managers Powers and Duties and he would recommend removing the “with council’s approval” language and consolidating this into Section 4.03.
In Section 9.07(C), Recall, Mr. Smith stated the date the recall is effective is not clear, and stated he felt it should state the vacancy is effective upon the date the election is certified by the Board of Elections. Mr. Hartmann stated he would draft language for this issue.
Mr. Hansley stated he felt Section 10.01 should make it clear that the City Manager establishes the Merit System. Mr. Hartmann stated he would draft language for this Section to be reviewed at the next meeting.
Mr. Fix stated this completed this review of the Charter and he clarified that Mr. Hartmann could prepare a summary memorandum on the changes that Rules Committee was recommending to the Charter. Mr. Fix stated Rules Committee would review the Charter and Mr. Hartmann’s summary memo in January and February and the next step would be to seat the Charter Commission and start the process. Mr. Fix stated if the process of appointing the Charter Review Commission begins in January or February, then they will be able to begin the review in April. Mr. Fix stated to go onto the ballot in November 2009; it must be forwarded to the Board of Elections in August. Mr. Hansley stated further the decision must be made if it will go to the ballot as a replacement Charter or in sections. Mr. Fix stated he felt it should be a replacement Charter and Mr. Hartmann stated he agreed with Mr. Fix that it should go as one document. Mr. Fix stated he thought it would be a good idea to include a letter and citizen application form in the January water bills for individuals to apply for the Charter Review Commission. He stated this was done last year and we received a large number of applications that were valid for one year. Mr. Fix moved to authorize the Municipal Clerk to include the application and letter in the January utility bills; Mr. Smith seconded the motion. Roll call was taken with Mr. Fix, Mr. Sabatino, and Mr. Smith voting “Yea.” Motion passed, 3-0.
4. CHAIRMAN: Mr. Fix stated had nothing further to bring forward.
5. OTHER BUSINESS: No other business was brought forward.
6. ADJOURNMENT. There being nothing further, Mr. Smith moved to adjourn; Mr. Fix seconded the motion. Mr. Smith, Mr. Sabatino and Mr. Fix voted "Aye." Motion carried, 3-0. The Rules Committee adjourned at 8:45 P.M, December 3, 2008.
RESPECTFULLY SUBMITTED:
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