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CITY OF SPECIAL CITY COUNCIL WORKSHOP WITH CITY CHARTER REVISION COMMISSION M2006-W-05 CITY COUNCIL CHAMBERS I. CALL TO ORDER With a
quorum present, Mayor Raul G. II. PLEDGE OF ALLEGIANCE Mayor
Raul G. III. ROLL CALL In attendance: Raul
G. Mike Garza, Council Member, District I Hector Garcia, Council Member, District II Michael Landeck, Council Member, District III Johnny Amaya, Council Member, District IV Johnny Rendon, Council Member, District V Gene Belmares, Council Member, District VI Juan Chavez, Council Member, District VII Juan Ramirez, Mayor Pro Tem, District VIII Susan Herrera, Deputy City Secretary Larry Dovalina, City Manager Cynthia
Collazo, Jaime Flores, City Attorney IV. Presentation to City Charter Revision
Commission of proposed charter revisions to the
City Council and discussion by the City Council on proposed changes with possible action. Section 4.02 City Attorney The chief
legal counsel for the City of The City Manager appoints the City Attorney subject to confirmation by a majority vote of the entire City Council. The City Attorney shall serve until removed upon the recommendation of the City Manager and a majority vote of the entire City Council. Maria Elena Morales, Commission member, asked Council to consider allowing the Mayor recommend the City Attorney and approval by the Council rather than recommendations from the City Manager. Motion to approve the recommendations of the Commission. Moved: Cm. Garcia Second: Cm. Belmares Motion to reconsider the motion. Moved: Cm. Belmares Second: Cm. Garcia For: 8 Against: 0 Abstain: 0 Motion to approve of the original motion to accept recommendations by the Commission. Moved: Cm. Garcia Second: Cm. Belmares For: 5 Against: 3 Abstain: 0 Cm. Garza Cm. Landeck Cm. Chavez Article XII GENERAL PROVISION Section 12.02 Ethics Commission The City Council shall establish and appoint an ethics commission to review and to recommend standards of conduct not inconsistent with this Charter. Section B. The Council shall establish and appoint a Civil Service Commission whose function and composition and power will be determined by ordinance. Larry Dovalina, City Manager, explained that there is a distinction between a Civil Service Commission and a Civil Service. He noted that there is a misconception that this is tied to the State Statue of 143 that governs Collective Bargaining for Police and Fire and it does not. By moving forward and doing a Civil Service Commission it will not grant an employee, either meet or confirm any other type of status as far as unions. It provides for a process within the hiring practices of the administrative department setting up standards, testing and other items such as that you would follow in that particular application. Cm. Garza said that is a form or a way to be established but it can be established in other formats. Mr. Dovalina said that the Civil Service Commission does not grant union activities to employees in any instance. Cm. Garza said that it is not specific to Collective Bargaining but testing requirements and other issues which are not a function of that.
Motion to accept the changes made by the Commission add the recommendations made by Canseco which will add “adopt a code of ethics by ordinance” to the last sentence. Moved: Cm. Garza Second: Cm. Landeck For: 8 Against: 0 Abstain: 0 Motion to adopt as submitted by the Commission items 12.03 Civil Service 12.04 Nepotism; 12.05 Oath of Office. Moved: Cm. Belmares Second: Cm. Garza For: 8 Against: 0 Abstain: 0 12.06 Prohibitions Cm. Garza noted that the prohibition section
currently reads in 12.06 Section 5 “ no city employee shall knowing or willfully make solicit or receive and
contributions to the campaign
funds of any political party or committee to be used in a city election or to
campaign funds to be used in
support or opposition to any candidate for election to City office or City ballot issue. Further no city employee shall knowingly or
willfully participate in any
aspect of any political campaign on behalf of or opposition to any candidate for city office. This section shall not be construed to
limit any person’s right to exercise
rights as a citizen to express opinions or to cast a vote nor shall it be
construed to prohibit any
person from active participation in political campaign at any other level of government.” He noted that the recommendation that
he brings forward shall read “No city employee shall knowingly or
willfully make, solicit or receive any contribution to the campaign funds of any political
party or committee to be used in a city election or to campaign funds to be used in
support of or opposition to any candidate for election to City office or city ballot issue with
the exception of members of council, no employee or office of the city shall in any way participate in political activity
of any nature while on duty, in uniform
or using city resources. With the
exception of members of the managerial group and
employees of the city secretary’s office, officers, and employees of the city
may participate in political
activity: provided that, no coercion or retaliation concerning political
activity shall be allowed. No members
of the managerial group or employees of the
city secretary’s office shall at any time take part in any political activity
on city-related issued except to provide factual information at the
direction of the city manager, to express their
own opinions privately, and to cast their votes”. Managerial
being defined as the City
Manager’s Office, City Manager, Deputy City Manager, Assistant City Managers,
City Secretary and staff. Motion to adopt the changes recommended by the Commission and accept the recommendation as read by Cm. Garza. Moved: Cm. Garza Second: Cm. Landeck For: 5 Against: 3 Abstain: 0 Cm.
Garza Mayor
Pro Tempore Ramirez Cm. Garcia Cm. Rendon Cm. Amaya Cm. Belmares Cm. Chavez Motion to approve Sections 12.07 and Section 12.08 as recommended by the Commission. Moved: Cm. Belmares Second: Cm. Ramirez For: 8 Against: 0 Abstain: 0 Motion to accept Sections 6.01, Section 6.02, Section 6.03 and Section 6.04 as recommended by the Commission. Moved: Cm. Garcia Second: Cm. Belmares For: 8 Against: 0 Abstain: 0 Section 6.05 Motion to accept the Commissioner’s recommendations and to leave in the word “flexible”. Moved: Cm. Garza Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 Section:
6.06 Motion to accept the Commissioner’s recommendations. Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 Section 6.07 Motion to accept recommendations by the Commissioners. Moved: Cm. Belmares Second: Mayor Pro Tempore Ramirez For: 8 Against: 0 Abstain: 0 Motion to adopt Sections 6.08, Section 6.09, and 6.10 as recommended by the Commission. Moved: Cm. Garza Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 Motion to accept Section 6.11, Section 6.12, Section 6.13 and Section 6.14 as recommended by the Commission. Moved: Cm. Belmares Second: Cm. Garcia For: 8 Against: 0 Abstain: 0 Motion to accept Section 7.01, Section 7.02, Section 7.03, Section 7.04 and Section 7.05 as recommended by the Commission. Moved: Cm. Garza Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 Motion to accept Section 7.06 and Section 7.07.
Moved: Cm. Garza Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 Motion to
adopt Section 8.01, Section 8.02, Section
8.03, Section 8.04, Section 8.05, Section
8.06, and Section 8.07 as
recommended by the Commission. Moved: Cm.
Belmares Second: Cm.
Amaya For: 8 Against: 0 Abstain: 0 Motion to adopt Section 9.01 as recommended by the commission. Moved: Cm. Chavez Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 Motion to approve Section 9.02 with the following recommendations “there shall be a City Planning and Zoning Commission consisting of nine (9) members appointed by the Mayor and City Council for the terms concurrent with the Mayor and Council Members. The Mayor and Council Members should appoint one member each from among the qualified voters. Members of the Commission shall hold no other city office, employment or appointment. The commission shall make recommendations to the City Manager and City Council on all matters affecting the municipal development of the City should be consulted on the creation and implementation of the comprehensive plan and shall exercise all other responsibility as may be provided by law. Reason for forfeiture of office by the Commissioner shall include failure to attend three (3) consecutive meetings without being excused by the commission. Moved: Cm. Chavez Second: Landeck For: 6 Against: 2 Abstain: 0 Cm. Belmares Mayor
Pro Tempore Ramirez Motion to adopt Section 9.03 and Section 9.04 as recommended by the Commissioners. Moved: Cm. Garza Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 Motion to accept recommendations by the Commission for Section 9.05. Moved: Cm. Garza Second: Cm. Amaya For: 8 Abstain: 0 Abstain: 0 Motion to adopt Section 10.01 as recommended by the commission. Elections shall be held in November. Moved: Cm. Garza Second: Cm. Belmares For: 5 Against: 4 Abstain: 0 Cm. Garza Cm. Garcia Cm. Landeck Cm. Amaya Cm. Belmares Cm. Rendon Cm. Chavez Mayor
Pro Tempore Ramirez Mayor Salinas Motion to approve the recommendations for the remainder of Article Section 10. Moved: Cm. Garza Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 Motion to approve Sections 11 as recommended by the Commission. Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 Motion to approve Sections 13 as recommended by the Commission. Moved: Cm. Belmares Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 V. EXECUTIVE SESSION The City council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071 (2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item. VI. ADJOURNMENT Motion to
adjourn. Time: Moved: Garza Second: Cm. Amaya For: 8 Against: 0 Abstain: 0 I, Gustavo Guevara, Jr., ____________________________________ Gustavo
Guevara, Jr. City
Secretary |