LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE

The Legislative, Finance, and Administration Committee Meeting was held on December 8, 2003, at 6:22 p.m., with Chairman Speed presiding. Members present were Mr. Ritter, Mr. Truitt, Mr. Shelton, and Mr. Gorman. Other members of Council present were Mr. McGlumphy, Mr. Carey, Mr. Pitts, Mr. Salters, Mr. Ruane, and Mayor Hutchison.

AGENDA ADDITIONS/DELETIONS

Mr. Gorman moved for approval of the agenda, seconded by Mr. Truitt and unanimously carried.

Discussion - Charter and Code Review

In August of 2003, Council President McGlumphy requested that members of City Council and the Legislative, Finance, and Administration Committee review the City Charter and Code for possible changes and that any proposed changes be submitted to the City Clerk’s Office. The review was requested as a result of several comments and concerns relayed by members of Council, as well as the recent PAS Study.

Members were provided copies of several sections of the Charter and Code with suggestions for their review and recommendation for possible amendments.

Due to its complexity, Mr. Truitt and Mr. Salters suggested that a Council Workshop be scheduled to provide all members the opportunity to formulate recommendations on amending the Charter and Code. Responding, Mr. Speed indicated his intentions would be to allow all members an opportunity to participate in the discussions and assist in formulating recommendations.

Section 4 - Government vested in mayor and city council

Mr. Ruane informed members that the National Civic League publishes a Model City Charter (8th Edition). He recommended that the City Clerk make the model charter available for members to review and possibly use as a guide.

Mr. Ritter recommend deferring Section 4 and requested that wording be provided from the Model City Charter at the next meeting for comparison.

Section 5 - Council to be legislative body; size; districts; terms of mayor and councilmen; qualifications

Referring to paragraph 6, item 4, Mr. Ruane questioned the eligibility requirement for a person to be 21 years of age in order to be elected as mayor or as a member of council. It was his feeling that the age requirement should be changed to 18.

Mr. Ritter suggested eliminating the last paragraph in Section 5, which requires a member of Council wishing to run for Mayor to relinquish their Council position whether or not elected as Mayor. He also suggested the addition of a new Section 6 to provide for language that would prohibit a member of Council from running for two (2) City elected positions at the same time.

In an effort to be consistent and provide for clarification, Mr. Speed requested members that have suggestions or recommendations, that they be made, in writing, to the City Clerk’s Office, to be included in the review of the Charter and Code amendments.

Mr. Ruane relayed concerns regarding the impact of the Consent Decree with the NAACP. He felt the need for a better understanding of the Consent Decree and suggested the possibility of authorizing the City Solicitor to go back to court to determine if the Consent Decree would be satisfied if the City assured that the minority representation on Council would remain intact.

Responding, Mr. Pitts and Mr. Salters provided some history regarding the NAACP lawsuit and advised members that it would be necessary for the City to meet with representatives of the NAACP to obtain their position regarding this matter prior to pursuing legal counsel.

Due to time constraints, Mr. Speed indicated that discussions on this item will be continued at the next committee meeting. He reiterated that members should submit their suggestions or recommendations, in writing, to the City Clerk for inclusion in the packet for review by the committee. It was also noted that the City recently submitted a “Reincorporation” of the Charter and requested that the City Clerk use the revised Charter for including the proposed recommendations to avoid the possibility of errors when submitting additional amendments to the General Assembly.

Mr. Gorman moved for adjournment, seconded by Mr. Shelton and unanimously carried.

Meeting Adjourned at 7:16 P.M.

                                                                                     Respectfully submitted,

                                                                                     Stephen R. Speed

Chairman

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