2018 CHARTER REVIEW COMMISSION APRIL 16, 2018 at 6:30 P.M. Austin City Hall, Room 1029 301 W. 2nd Street AUSTIN, TEXAS CURRENT BOARD MEMBERS: Joy Authur Roger Borgelt Martha Cotera Matt Hersh Fred Lewis Diego Martinez-Moncada Karl-Thomas Musselman Jessica Palvino Jeff Smith Tane Ward Ingrid Weigand AGENDA CALL TO ORDER 1) CITIZEN COMMUNICATION: GENERAL (3 minutes to speak) The first 10 speakers signed up prior to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. 2) APPROVAL OF MINUTES a) Approval of minutes from March 12, 2018 Regular meeting, March 28th, April 3rd, April 7th and April 12th 2018 Public Hearings. 3) DISCUSSION AND POSSIBLE ACTION ITEMS The Commission may discuss and take action on the following agenda items: a) Proposed amendments to the Independent Ethics Review Commission. b) Proposed amendments to the Public Campaign Voucher Program. c) Recommendation on the proposed language relating to Revenue Bonds. d) Recommendation on Planning Commission terms. e) Discussion on report and presentation to Council. 4) FUTURE MEETING DATES AND AGENDA ITEMS The Commission may discuss and identify additional meeting dates and future agenda items, topics or presentations. ADJOURNMENT The City of Austin is committed to compliance with the Americans with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Meeting locations are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 days (48 hours) before the meeting date. Please call or email Myrna Rios or Jannette Goodall with the City Clerk’s Office, (512-974-2210 or myrna.rios@austintexas.gov or jannette.goodall@austintexas.gov), for additional information; TTY users route through Relay Texas at 711. For more information on the 2018 Charter Review Commission, please contact Jannette Goodall at 512-974-2210.
1 2018 CHARTER REVIEW COMMISSION REGULAR MEETING MINUTES MARCH 12, 2018 The 2018 Charter Review Commission convened in a regular meeting on Monday, March 12, 2018, Austin City Hall, 301 W. 2nd Street, Austin, Texas. Chair Palvino called the Commission Meeting to order at 6:32 p.m. Commission Members in Attendance: Commissioner Authur Commissioner Borgelt Commissioner Cotera Commissioner Hersh Commissioner Lewis Commissioner Musselman Chair Palvino Commissioner Smith Vice-Chair Weigand Commission Members absent: Commissioner Martinez-Moncada and Commissioner Ward Staff in Attendance: Jannette Goodall, City Clerk’s Office Myrna Rios, City Clerk’s Office Lynn Carter, Law Department 1) CITIZEN COMMUNICATION: GENERAL (3 minutes to speak) No speakers registered. 3) NEW BUSINESS The Commission may discuss and take action on the following agenda items: e) Discussion on Revenue Bonds Speakers: Paul Robbins Paul Robbins and Commissioner Smith presented the proposed recommendation (see attachment). The recommendation was to insert $25 million in the first blank dollar amount field and $50 million in the second blank dollar amount field. The motion to include the proposed recommendation with the dollar amounts listed above as an item presented during the public hearings was accepted without objection. Action on the item was postponed to April 16, 2018 without objection. 2) APPROVAL OF MINUTES a) Approval of minutes from February 26, 2018 and March 5, 2018 meetings. 2 The motion to approve the minutes from the February 26, 2018 meeting was approved on Commissioner Smith’s motion, Commissioner Musselman’s second on a 6-0 vote. Those voting aye were: Chair Palvino, Commissioners Arthur, Hersh Lewis, Musselman, and Smith. Vice-Chair Weigand and Commissioner Borgelt abstained. Commissioner Cotera was off the dais. The motion to approve the minutes from the March 5, 2018 meeting was approved on Commissioner Borgelt’s motion, Vice-Chair Weigand’s second on a 6-0 vote. Those voting aye were: Chair Palvino, Vice-Chair Weigand, Commissioners Arthur, Borgelt, Lewis, and Smith. Commissioners Hersh and Musselman abstained. Commissioner Cotera was off the dais. 3) NEW BUSINESS CONTINUED The Commission may discuss and take action on the following agenda items: a) Recommendation from the Campaign Finance and Ethics Working Group on an Independent Ethics Review Commission. Speaker: Jason Hadavi, City Auditor’s Office Commissioner Lewis presented the revised recommendation with the following additional revisions: Section 3.01 to include “in Texas” after “shall be a licensed attorney…”. Section 1.03 to clarify what relevant experience would include. Chair Palvino suggested the following language: “and have expertise in relevant subject matters …
1 2018 CHARTER REVIEW COMMISSION REGULAR MEETING MINUTES MARCH 28, 2018 The 2018 Charter Review Commission convened in a regular meeting (Public Hearing) on Wednesday, March 28, 2018, Anderson High School, 8403 Mesa Drive, Austin, Texas. Chair Palvino called the Commission Meeting to order at 6:32 p.m. Commission Members in Attendance: Commissioner Authur Commissioner Borgelt Commissioner Cotera Commissioner Lewis Commissioner Martinez-Moncada Chair Palvino Commissioner Ward Vice-Chair Weigand Commission Members absent: Commissioner Hersh, Musselman and Smith Staff in Attendance: Jannette Goodall, City Clerk’s Office Myrna Rios, City Clerk’s Office Lynn Carter, Law Department Conduct a public hearing to receive feedback on the following recommendations being considered by the Charter Review Commission. Speakers: Tomas Rodriguez (NSCNA) and Joanne Richards (Common Ground for Texans) Please refer to the attachment for details on the recommendations which have been adopted or are being considered by the Commission. ADJOURNMENT Chair Palvino adjourned the meeting at 7:00 p.m. without objection. Summary of Recommendations Adopted by the 2018 Charter Review Commission As of March 12, 2018 1. City Council appoints the City Attorney. Proposed Charter amendment included as Attachment A. 2. Create a City Budget and Efficiency Officer whose mission is to produce independent analyses of budgetary and fiscal issues to support the Austin City’s Council’s budget process by issuing reports and reviews of proposed and existing programs. Proposed Charter amendment included as Attachment B. 3. Establish a Democracy Dollars Program to provide eligible Austin residents up to four (4) $25 Democracy Dollar Vouchers (“Democracy Dollars”) per election cycle. The Democracy Dollars may be donated to a resident’s district city council or mayoral candidate. The purpose of the Democracy Dollars program is to ensure that all of the people of Austin have equal opportunity to participate in political campaigns and are heard by candidates, to strengthen democracy, to fulfill the purposes of single-member districts, to enhance candidate competition, and prevent corruption. Proposed Charter amendment included as Attachment C. 4. Establish an Independent Ethics Review Commission to impartially and effectively administer and enforce all city laws relating to campaign finance, campaign disclosures, conflicts of interest, financial statement disclosure, lobbyist regulations, revolving door, disqualification of members of city boards, certain conflict of interest and ethics laws, and other responsibilities. Proposed Charter Amendment included as Attachment D. 5. Require that a notice of intent to circulate a referendum petition be filed with the city clerk prior to collecting signatures and that …
1 2018 CHARTER REVIEW COMMISSION PUBLIC HEARING MINUTES APRIL 3, 2018 The 2018 Charter Review Commission convened in a regular meeting (Public Hearing) on Tuesday, April 3, 2018, Dove Springs Recreation Center, 5801 Ainez Drive, Austin, Texas. Chair Palvino called the Commission Meeting to order at 6:42 p.m. Commission Members in Attendance: Commissioner Authur Commissioner Borgelt Commissioner Cotera Commissioner Lewis Commissioner Martinez-Moncada Commissioner Musselman Commissioner Hersh Chair Palvino Commissioner Smith Commissioner Ward Vice-Chair Weigand Staff in Attendance: Myrna Rios, City Clerk’s Office Lynn Carter, Law Department Conduct a public hearing to receive feedback on the following recommendations being considered by the Charter Review Commission. Speakers: None Please refer to the attachment for details on the recommendations which have been adopted or are being considered by the Commission. ADJOURNMENT Chair Palvino adjourned the meeting at 7:00 p.m. without objection. Attachment A CRC Recommendation Regarding Article V, Section 6 (City Attorney) Recommendation: City Council appoints the City Attorney. Proposed Charter Revision: § 6. - CITY ATTORNEY. There shall be a department of law, the head of which shall be the city attorney, who shall be appointed by the city council. The city attorney shall be a competent attorney who shall have practiced law in the State of Texas for at least five (5) years immediately preceding his or her appointment. The city attorney shall be the legal advisor of, and attorney for, all of the officers and departments of the city, and the city attorney shall represent the city in all litigation and legal proceedings, and the representation shall comply with the Texas Disciplinary Rules of Professional Conduct. The city attorney shall draft, approve, or file written legal objections to, every ordinance before it is acted upon by the council, and the city attorney shall pass upon all documents, contracts and legal instruments in which the city may have an interest. There shall be such assistant city attorneys as may be authorized by the council, who shall be authorized to act for and on behalf of the city attorney. Policy Reasons: The City of Austin is an outlier in terms of how its city attorney is appointed. According to the most recent Texas Municipal League survey in 2010, most Texas home-rule cities (73%) authorize their council to appoint the city attorney directly. The CRC is recommending this charter revision to ensure accountability of the city attorney’s office to the city council. Estimated …
1 2018 CHARTER REVIEW COMMISSION PUBLIC HEARING MINUTES APRIL 7, 2018 The 2018 Charter Review Commission convened in a regular meeting (Public Hearing) on Saturday, April 7, 2018, Austin City Hall, 301 West 2nd Street, Austin, Texas. Vice-Chair Weigand called the Commission Meeting to order at 1:00 p.m. Commission Members in Attendance: Commissioner Borgelt Commissioner Cotera Commissioner Martinez-Moncada Commissioner Smith Commissioner Ward Vice-Chair Weigand Commission Members absent: Chair Palvino and Commissioners Authur, Hersh, Lewis and Musselman Staff in Attendance: Jannette Goodall, City Clerk’s Office Lynn Carter, Law Department Conduct a public hearing to receive feedback on the following recommendations being considered by the Charter Review Commission. Speakers: Terrell Blodgett Please refer to the attachment for details on the recommendations which have been adopted or are being considered by the Commission. ADJOURNMENT Vice-Chair Weigand adjourned the meeting at 1:30 p.m. without objection. Attachment A CRC Recommendation Regarding Article V, Section 6 (City Attorney) Recommendation: City Council appoints the City Attorney. Proposed Charter Revision: § 6. - CITY ATTORNEY. There shall be a department of law, the head of which shall be the city attorney, who shall be appointed by the city council. The city attorney shall be a competent attorney who shall have practiced law in the State of Texas for at least five (5) years immediately preceding his or her appointment. The city attorney shall be the legal advisor of, and attorney for, all of the officers and departments of the city, and the city attorney shall represent the city in all litigation and legal proceedings, and the representation shall comply with the Texas Disciplinary Rules of Professional Conduct. The city attorney shall draft, approve, or file written legal objections to, every ordinance before it is acted upon by the council, and the city attorney shall pass upon all documents, contracts and legal instruments in which the city may have an interest. There shall be such assistant city attorneys as may be authorized by the council, who shall be authorized to act for and on behalf of the city attorney. Policy Reasons: The City of Austin is an outlier in terms of how its city attorney is appointed. According to the most recent Texas Municipal League survey in 2010, most Texas home-rule cities (73%) authorize their council to appoint the city attorney directly. The CRC is recommending this charter revision to ensure accountability of the city attorney’s office to the …
1 Charter Review Commission Draft Charter Amendment of An Independent Ethics Commission (As of the end of the Commission’s March 12, 2018 HearingAmendments to be proposed at 4/16/2018 CRC meeting) AUSTIN INDEPENDENT ETHICS COMMISSION Subchapter I - Commission 1.01. Commission Jurisdiction. The Austin Independent Ethics Commission is established to impartially and effectively administer and enforce all city laws relating to campaign finance, campaign disclosure, conflicts of interest, financial statement disclosure, lobbyist regulations, revolving door, disqualification of members of city boards, certain conflict of interest and ethics laws, and other responsibilities assigned the Commission. 1.02. Commission Membership The Commission shall be composed of five (5) members, whom shall be selected per Subchapter V below. The Commission shall select its chair from among its members. 1.03. Qualifications. All Commissioners shall be registered voters and be residents of Austin for at least 5 years prior to appointment. All Commissioners shall not have served for three years before their appointment as an elected official, political consultant, officer or employee in a political party (other than a precinct chair), lobbyist, City of Austin employee, City of Austin contractor, or candidate for state or local government. All Commissioners shall have demonstrated impartiality and have expertise in relevant subject matters, including without limitationwhich may include , ethics, conflicts of interest, transparency, campaign finance, investigations, or enforcement. All Commissioner shall attest to their support for administering and enforcing all laws under the Commission’s jurisdiction. Commissioners not maintaining these qualifications automatically forfeit their office and can no longer serve on the Commission in any capacity. 1.04. Terms. Members of the Commission shall serve for a term of five (5) years ending on March y 1 of the fifth year of such term and until their successors are appointed and qualify; except the initial five commissioners to be appointed shall by lot classify their terms so that the term of one commissioner shall expire at on each of the second, third, and fourth anniversaries of their terms on Marchy 1 of such year respectively and two commissioners on the 5th anniversary of their terms in March;on May; and, on the expiration of these and successive terms of office, the appointments shall be made for five-year terms. The initial shortened terms shall be appointed from the Commissioners from the existing applicant pool pursuant to subchapter 5. No person may serve more than one five-year term as a member of the Commission, …
1 Campaign Finance Committee Recommended Draft (March 12, 2018) (Highlights below are changes pursuant to our preceding discussions since February 26) I. Austin Democracy Dollars Program (A) Austin Democracy Dollars Program’s Purpose. Democracy Dollars are vital to ensure all the people of Austin have equal opportunity to participate in political campaigns and be heard by candidates, to strengthen democracy, to fulfill the purposes of single-member districts, to enhance candidate competition, and prevent corruption. (B) Issuance of Democracy Dollars. (1) Amount and Delivery. On the first business day of February of the year in every municipal election year, the Austin Independent Ethics Commission (hereafter “Commission”) shall mail to each person who was on or about that January 1 duly and actively registered to vote in the City of Austin, at his or her address in the voter registration records, two $25 in Democracy Dollars Voucher ("Democracy Dollars") for each city-elected position, council and mayoral that the person may vote for in Austin, for a maximum of four $25 Democracy Dollars Vouchers. However, the Commission may deliver Democracy Dollars online or in other manners if the Commission so elects. Thereafter, the Commission shall regularly issue two $25 Democracy Dollars Vouchers for each city-elected position that the person may vote for in Austin, to any person becoming a duly registered City of Austin voter after that January 1st, up until the third Tuesday in November of the election year. Any adult natural person who resides more than 30 days in the City of Austin, and who is a registered voter, or is eligible to vote under state law, may opt in to the Program and obtain an equivalent number of Democracy Dollars Vouchers by application to the Commission. Any such eligible adult may request Democracy Dollars be mailed or emailed to an address other than that indicated in the voter registration records, or be delivered at the Commission offices, and as soon as the Commission shall have developed a secure system for such distributions of Democracy Dollars, including distribution online, in person, or to an address not listed in the voter registration records. No resident outside Austin, no corporation or other non-human entity, no person under the age of 18 years, and no person ineligible to vote under state law, may receive a Democracy Dollars Voucher. The Commission shall set by regulations the delivery dates, redemption dates, and other deadlines for Democracy Dollar …
§ 11. - REVENUE BONDS. The city shall have power to borrow money for the purpose of constructing, purchasing, improving, extending or repairing of public utilities, recreational facilities or facilities for any other self liquidating municipal function not now or hereafter prohibited by any general law of the state, and to issue revenue bonds to evidence the obligation created thereby. Such bonds shall be a charge upon and payable solely from the properties, or interest therein, acquired and the income therefrom, and shall never be a debt of the city. All revenue bonds issued by the city for projects whose total cost exceeds $__ million shall first be authorized by a majority of the qualified electors voting at an election held for such purpose. All power and water purchases whose total price for each project exceeds $__ million shall also first be authorized by a majority of the qualified electors voting at an election held for such purpose. The amounts subject to voter approval shall be modified each year with the adoption of the budget to increase or decrease in accordance with the most recently published federal government, Bureau of Labor Statistics Indicator, Consumer Price Index (CPI-W U.S. City Average) U.S. City Average. The most recently published Consumer Price Index on December 31, 2018 shall be used as a base of 100 and the adjustment thereafter will be to the nearest $1,000.00.
Staff Recommendation Regarding Article X, Section 2 (Planning Commission) Recommendation: Planning Commission appointments and terms to be determined by ordinance. Proposed Charter Revision: Article X § 2. - THE PLANNING COMMISSION — ORGANIZATION. There shall be established a planning commission which shall consist of citizens of the City of Austin who must be registered voters in the city and must have resided within the city for one year next preceding their appointment. The planning commission shall have a number of members equal to the number of members on the council plus two (2) additional members, a minimum of two-thirds of the members who shall be lay members not directly or indirectly connected with real estate and land development. The city manager, the chairperson of the zoning board of adjustment, the director of public works and the president of the board of trustees of the Austin Independent School District shall serve as ex officio members. The members of said commission shall be appointed by the council for a term of up to two (2) years, with the timing and manner of appointment determined by ordinance [five (5) members to be appointed in every odd-numbered year and four (4) members in every even-numbered year]. The commission shall elect a chairperson from among its membership and shall meet not less than once each month. Vacancies in an unexpired term shall be filled by the council for the remainder of the term.
