REGULAR MEETING OF THE 2024 CHARTER REVIEW COMMISSION Thursday March 21, 2024, at 5:30 P.M. Austin City Hall, Boards & Commissions Rm 301 W 2nd St AUSTIN, TEXAS Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation by telephone. To register to speak remotely, please call Myrna Rios at 512- 974-2210 or email your request to myrna.rios@austintexas.gov. CURRENT COMMISSIONERS: Jessica Palvino, Chair Ryan Botkin Cynthia Van Maanen Julio Altamirano Randy Ortega Betsy Greenberg Alejandro Garcia, Vice Chair JC Dwyer Brian McGiverin Michael O Cowles Megan Lasch AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL 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. APPROVAL OF MINUTES 1. Approve the minutes of the 2024 Charter Review Commission regular meeting of March 7, 2024. DISCUSSION AND ACTION ITEMS 2. Discussion and possible action on the review and adoption of the 2024 Charter Review Commission report to Council. 3. Discussion and possible action of future meetings and meeting location. FUTURE AGENDA ITEMS The Commission may discuss and identify future agenda items, topics, or presentations. ADJOURNMENT The City of Austin is committed to compliance with the American 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 Myrna Rios at the Office of the City Clerk, at (512) 974-2210 or myrna.rios@austintexas.gov, for additional information; TTY users route through Relay Texas at 711. For more information on the 2024 Charter Review Commission, please contact Myrna Rios at myrna.rios@austintexas.gov
2024 CHARTER REVIEW COMMISSION MINUTES REGULAR MEETING March 7, 2024 The 2024 Charter Review Commission convened in a regular meeting on Thursday, March 7, 2024, Austin City Hall, 301 W. Second Street, Room 1029, Austin, Texas. Chair Palvino called the Commission Meeting to order at 5:30 p.m. Commissioner Cowles Commissioner Lasch Commissioner Van Maanen Commissioner Ortega Commissioner Greenberg Commission Members in Attendance: Chair Palvino Vice Chair Garcia Commissioner Botkin Commissioner Dwyer Commissioner McGivern Commission Altamirano Staff in Attendance: Myrna Rios, City Clerk’s Office Erika Brady, City Clerk’s Office Neal Falgoust, Law Department Wajiha Rizvi, Law Department PUBLIC COMMUNICATION: GENERAL Joe Riddell PUBLIC HEARING 1. Conduct a public hearing to receive feedback regarding proposed amendments to the City Charter recommended by the 2024 Charter Review Commission. Speakers: Kathy Mitchell, Joe Riddell, and Ed Espinoza. APPROVAL OF MINUTES 2. Approve the minutes of the 2024 Charter Review Commission regular meeting of February 15, 2024, and meeting of February 29, 2024. The motion to approve the minutes of the February 15, 2024, meeting, and February 29, 2024 meeting were approved on Commissioner Greenberg’s motion, Commissioner Cowles second on an 11-0 vote. 1 DISCUSSION AND ACTION ITEMS 3. Discussion and possible action on the Petition Process Working Groups initial recommendation report on revisions to the petition process. (Commissioners Cowles, Dwyer, and McGiverin) The motion to renew and approve the “3.5% signature threshold” was made by Commissioner Botkin, seconded by Commissioner Dwyer on a 6-5 vote. Those voting aye: Chair Palvino, Vice Chair Garcia, Commissioners Botkin, Dwyer, Lasch, and Altamirano. Those voting no: Commissioners Greenberg, McGiverin, Van Maanen, Cowles, and Ortega. 4. Discussion and possible action regarding community engagement of the Charter Review process from the Outreach Work Group. No further action required. 5. Discussion and possible action on the review and finalization of the draft report to Council. The overview of the draft report was made by Wajiha Rizvi, Law Department. No action was taken. 6. Discussion and possible action of future meetings and meeting location. The motion to approve a special called meeting on March 21, 2024, was made by Commissioner Van Maanen, seconded by Commissioner Lasch on a 10-0 vote. Commissioner Greenberg abstained. FUTURE AGENDA ITEMS The Commission may discuss and identify future agenda items, topics, or presentations. ADJOURNMENT The meeting was adjourned without objection at 6:23 p.m. 2
2024 CHARTER REVIEW COMMISSION MINUTES REGULAR MEETING March 21, 2024 The 2024 Charter Review Commission convened in a regular meeting on Thursday, March 21, 2024, Austin City Hall, 301 W. Second Street, Room 1029, Austin, Texas. Chair Palvino called the Commission Meeting to order at 5:32 p.m. Commissioner Cowles Commissioner Lasch Commissioner Van Maanen Commissioner Ortega Commissioner Greenberg Commission Members in Attendance: Chair Palvino Vice Chair Garcia Commissioner Botkin Commissioner Dwyer Commissioner McGivern Commission Altamirano Staff in Attendance: Myrna Rios, City Clerk’s Office Erika Brady, City Clerk’s Office Neal Falgoust, Law Department Wajiha Rizvi, Law Department PUBLIC COMMUNICATION: GENERAL Joe Riddell APPROVAL OF MINUTES 1. Approve the minutes of the 2024 Charter Review Commission regular meeting of March 7, 2024. The motion to approve the minutes of the March 7, 2024 meeting were approved on Commissioner Van Maanen’s motion, Commissioner Botkin’s second on an 11-0 vote. DISCUSSION AND ACTION ITEMS 2. Discussion and possible action on the review and adoption of the 2024 Charter Review Commission report to Council. The overview of version two of the draft report to council was made by Wajiha Rizvi, Law Department. The motion to approve version two of the draft report to council was approved on Commissioner Altamirano, Commissioner Botkin’s second on an 11-0 vote. 1 3. Discussion and possible action of future meetings and meeting location. No Action FUTURE AGENDA ITEMS The Commission may discuss and identify future agenda items, topics, or presentations. ADJOURNMENT The meeting was adjourned at 6:09 p.m. without objection. 2
2024 Charter Review Commission Report March 21, 2024 Contents 2024 Charter Review Executive Summary ..................................................................................1 2024 Charter Review Commission Overview ..............................................................................3 Recommendation No. 1: Alphabet Rotation for Proposition Lettering ....................................5 Recommendation No. 2: 3.5% Signature Threshold for Petitions ............................................7 Recommendation No. 3: Signature, Form, and Notice of Intent for Petitions .......................12 Recommendation No. 4: Elections for Citizen-Initiated Charter Changes & Initiatives held on Municipal General Election Dates ....................................................................17 Recommendation No. 5: Conflicting Ballot Initiatives .............................................................21 Recommendation No. 6: Disclosure & Contribution Limits for Recall Petitions ..................23 Recommendation No. 7: Recall Signature Threshold ..............................................................26 Recommendation No. 8: Ratification of City Attorney Appointment ....................................29 Recommendation No. 9: Designated Assistant City Attorney .................................................30 Appendix A: Suggested Future Topics ......................................................................................31 Appendix B: Meeting Dates ........................................................................................................35 Appendix C: Outreach Survey Results .....................................................................................36 2024 Charter Review Executive Summary The 2024 Charter Revisions Commission (CRC) makes the following recommendations to the Austin City Council: 1. Alphabetic Rotation for Proposition Lettering: this recommendation requires ballot propositions to be labeled sequentially through the alphabet until its completion. The CRC adopted this recommendation by an 8-0 vote on 1/30/24 with two commissioners off the dais and one commissioner absent. 2. 3.5% Signature Threshold for Petitions: his recommendation sets a durable signature threshold for the approval of citizen initiative and referendum petitions at 3.5% of qualified Austin voters. On 2/29/24, this motion failed by a 5-5 vote with one commissioner absent. A renewed motion was made on 3/7/24 and it was adopted by a 6-5 vote. 3. Signature, Form, and Notice of Intent for Petitions: this recommendation addresses signature validity and requires a notice of intent with a 90-day deadline. The CRC adopted this recommendation on 2/29/24 with a 10-0 vote with one commissioner absent. 4. Citizen-Initiated Petitions on Municipal General Election Dates: This recommendation requires council to select the earliest municipal general election date when it orders an election for Charter changes or citizen-initiated initiatives. The final recommendation was presented to the full Commission on 2/15/2024. It was adopted by a 8-1 vote with two commissioners absent. 5. Conflicting Ballot Initiatives: this recommendation requires the implementation of the provisions of the proposition receiving the highest number of votes. The final recommendation was presented to the full Commission on 1/18/2024. It was adopted by a 10-0 vote with one commissioner absent. 6. Disclosure & Contribution Limits for Recall Petitions: this recommendation requires public disclosure and campaign finance reporting for contributions and …
2024 Charter Review Commission Report March 21, 2024 Contents 2024 Charter Review Executive Summary ..................................................................................1 2024 Charter Review Commission Overview ..............................................................................3 Recommendation No. 1: Alphabet Rotation for Proposition Lettering ....................................5 Recommendation No. 2: 3.5% Signature Threshold for Petitions ............................................7 Recommendation No. 3: Signature, Form, and Notice of Intent for Petitions .......................12 Recommendation No. 4: Elections for Citizen-Initiated Charter Changes & Initiatives held on Municipal General Election Dates ....................................................................17 Recommendation No. 5: Conflicting Ballot Initiatives .............................................................21 Recommendation No. 6: Disclosure & Contribution Limits for Recall Petitions ..................23 Recommendation No. 7: Recall Signature Threshold ..............................................................26 Recommendation No. 8: Ratification of City Attorney Appointment ....................................29 Recommendation No. 9: Designated Assistant City Attorney .................................................30 Appendix A: Suggested Future Topics ......................................................................................31 Appendix B: Meeting Dates ........................................................................................................34 Appendix C: Outreach Survey Results .....................................................................................35 2024 Charter Review Executive Summary The 2024 Charter Revisions Commission (the “CRC” or “commission”) makes the following recommendations to the Austin City Council: 1. Alphabetic Rotation for Proposition Lettering: this recommendation requires ballot propositions to be labeled sequentially through the alphabet until its completion. The CRC adopted this recommendation by an 8-0 vote on 1/30/24 with two commissioners off the dais and one commissioner absent. 2. 3.5% Signature Threshold for Petitions: his recommendation sets a durable signature threshold for the approval of citizen initiative and referendum petitions at 3.5% of qualified Austin voters. On 2/29/24, this motion failed by a 5-5 vote with one commissioner absent. A renewed motion was made on 3/7/24 and it was adopted by a 6-5 vote. 3. Signature, Form, and Notice of Intent for Petitions: this recommendation addresses signature validity and requires a notice of intent with a 90-day deadline. The CRC adopted this recommendation on 2/29/24 with a 10-0 vote with one commissioner absent. 4. Citizen-Initiated Petitions on Municipal General Election Dates: This recommendation requires council to select the earliest municipal general election date when it orders an election for Charter changes or citizen-initiated initiatives. The final recommendation was presented to the full Commission on 2/15/2024. It was adopted by an 8-1 vote with two commissioners absent. 5. Conflicting Ballot Initiatives: this recommendation requires the implementation of the provisions of the proposition receiving the highest number of votes. The final recommendation was presented to the full Commission on 1/18/2024. It was adopted by a 10-0 vote with one commissioner absent. 6. Disclosure & Contribution Limits for Recall Petitions: this recommendation requires public disclosure and campaign finance reporting …
REGULAR MEETING OF THE 2024 CHARTER REVIEW COMMISSION Thursday March 7, 2024, at 5:30 P.M. Austin City Hall, Boards & Commissions Rm 301 W 2nd St AUSTIN, TEXAS Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation by telephone. To register to speak remotely or in person, please register here https://cityofaustin.formstack.com/forms/2024charterreviewcommission_townhall. CURRENT COMMISSIONERS: Jessica Palvino, Chair Ryan Botkin Cynthia Van Maanen Julio Altamirano Randy Ortega Betsy Greenberg Alejandro Garcia, Vice Chair JC Dwyer Brian McGiverin Michael O Cowles Megan Lasch AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL 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. PUBLIC HEARING 1. Conduct a public hearing to receive feedback regarding proposed amendments to the City Charter recommended by the 2024 Charter Review Commission. APPROVAL OF MINUTES 2. Approve the minutes of the 2024 Charter Review Commission regular meeting of February 15, 2024, and meeting of February 29, 2024. DISCUSSION AND ACTION ITEMS 3. Discussion and possible action on the Petition Process Working Groups initial recommendation report on revisions to the petition process. (Commissioners Cowles, Dwyer, and McGiverin) 4. Discussion and possible action regarding community engagement of the Charter Review process from the Outreach Work Group. 5. Discussion and possible action on the review and finalization of the draft report to Council. 6. Discussion and possible action of future meetings and meeting location. FUTURE AGENDA ITEMS The Commission may discuss and identify future agenda items, topics, or presentations. ADJOURNMENT The City of Austin is committed to compliance with the American 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 Myrna Rios at the Office of the City Clerk, at (512) 974-2210 or myrna.rios@austintexas.gov, for additional information; TTY users route through Relay Texas at 711. For more information on the 2024 Charter Review Commission, please contact Myrna Rios at myrna.rios@austintexas.gov
2024 CHARTER REVIEW COMMISSION MINUTES REGULAR MEETING March 7, 2024 The 2024 Charter Review Commission convened in a regular meeting on Thursday, March 7, 2024, Austin City Hall, 301 W. Second Street, Room 1029, Austin, Texas. Chair Palvino called the Commission Meeting to order at 5:30 p.m. Commissioner Cowles Commissioner Lasch Commissioner Van Maanen Commissioner Ortega Commissioner Greenberg Commission Members in Attendance: Chair Palvino Vice Chair Garcia Commissioner Botkin Commissioner Dwyer Commissioner McGivern Commission Altamirano Staff in Attendance: Myrna Rios, City Clerk’s Office Erika Brady, City Clerk’s Office Neal Falgoust, Law Department Wajiha Rizvi, Law Department PUBLIC COMMUNICATION: GENERAL Joe Riddell PUBLIC HEARING 1. Conduct a public hearing to receive feedback regarding proposed amendments to the City Charter recommended by the 2024 Charter Review Commission. Speakers: Kathy Mitchell, Joe Riddell, and Ed Espinoza. APPROVAL OF MINUTES 2. Approve the minutes of the 2024 Charter Review Commission regular meeting of February 15, 2024, and meeting of February 29, 2024. The motion to approve the minutes of the February 15, 2024, meeting, and February 29, 2024 meeting were approved on Commissioner Greenberg’s motion, Commissioner Cowles second on an 11-0 vote. 1 DISCUSSION AND ACTION ITEMS 3. Discussion and possible action on the Petition Process Working Groups initial recommendation report on revisions to the petition process. (Commissioners Cowles, Dwyer, and McGiverin) A renewed motion to approve the “3.5% signature threshold” was made by Commissioner Botkin, seconded by Commissioner Dwyer on a 6-5 vote. Those voting aye: Chair Palvino, Vice Chair Garcia, Commissioners Botkin, Dwyer, Lasch, and Altamirano. Those voting no: Commissioners Greenberg, McGiverin, Van Maanen, Cowles, and Ortega. 4. Discussion and possible action regarding community engagement of the Charter Review process from the Outreach Work Group. No further action required. 5. Discussion and possible action on the review and finalization of the draft report to Council. The overview of the draft report was made by Wajiha Rizvi, Law Department. No action was taken. 6. Discussion and possible action of future meetings and meeting location. The motion to approve a special called meeting on March 21, 2024, was made by Commissioner Van Maanen, seconded by Commissioner Lasch on a 10-0 vote. Commissioner Greenberg abstained. FUTURE AGENDA ITEMS The Commission may discuss and identify future agenda items, topics, or presentations. ADJOURNMENT The meeting was adjourned without objection at 6:23 p.m. The minutes were approved on March 21, 2024, on Commissioner Van Maanen’s motion, Commissioner Botkin’s …
2024 CHARTER REVIEW COMMISSION MINUTES REGULAR MEETING February 15, 2024 The 2024 Charter Review Commission convened in a regular meeting on Thursday, February 15, 2024, Austin City Hall, 301 W. Second Street, Room 1029, Austin, Texas. Chair Palvino called the Commission Meeting to order at 5:31 p.m. Commissioners Dwyer and Lasch attended virtually. Vice Chair Garcia absent. Commissioner Cowles Commissioner Lasch Commissioner Van Maanen Commissioner Ortega Commissioner Greenberg Commission Members in Attendance: Vice Chair Garcia (absent) Commissioner Botkin Commissioner Dwyer Commissioner McGivern (virtual) Commission Altamirano Staff in Attendance: Myrna Rios, City Clerk’s Office Caroline Webster, Law Department PUBLIC COMMUNICATION: GENERAL Joe Riddell APPROVAL OF MINUTES 1. Approve the minutes of the 2024 Charter Review Commission regular meeting of January 30, 2024, and February 8, 2024. The motion to approve the minutes from the January 30, 2024 meeting, and February 8, 2024 meeting were approved on Commissioner Lasch’s motion, Commissioner Botkin’s second on a 9-0 vote. Commissioner McGiverin was off the dais. Vice Chair Garcia absent. DISCUSSION AND ACTION ITEMS 2. Discussion and possible action on the City Attorney Working Group initial recommendation report. (Chair Palvino, Commissioners Garcia and McGiverin) The presentation on the City Attorney Working Group recommendations was made by Chair Palvino. Recommendation #1: The City Manager appoints City Attorney, with confirmation by City Council. 1 Recommendation #2: Council is assigned a designated attorney with the city attorney’s office. The motion to approve Recommendation #1 was made by Commissioner Lasch, seconded by Commissioner Botkin on an 8-0 vote. Commissioner McGiverin was off the dais, Commissioner Greenberg abstained. Vice Chair Garcia absent. 3. Discussion and possible action on the Petition Process Working Groups initial recommendation report on revisions to the petition process. (Commissioners Cowles, Dwyer, and McGiverin) The presentation on the Petition Process Working Group recommendations was made by Commissioner Dwyer. No action was taken. 4. Discussion and possible action on the Initiative/Charter/Referendum Mechanics Work Groups initial recommendation on proposition lettering. (Commissioners Altamirano, Botkin, and Ortega) The presentation on the Initiative/Charter/Referendum Mechanics Work Group recommendations was made by Commissioner Van Maanen. The motion to approve the recommendations was made by Commissioner Van Maanen, seconded by Commissioner Ortega on ab 8-1 vote. Commissioner Greenberg voted no. Commissioner McGiverin was off the dais. Vice Chair Garcia absent. 5. Discussion and possible action on Recall Petitions Work Group recommendations. (Commissioner Van Maanen) The presentation on the Recall Petitions Work Group recommendations was made …
2024 CHARTER REVIEW COMMISSION MINUTES REGULAR MEETING February 29, 2024 The 2024 Charter Review Commission convened in a regular meeting on Thursday, February 29, 2024, Austin City Hall, 301 W. Second Street, Room 1029, Austin, Texas. Chair Palvino called the Commission Meeting to order at 5:32 p.m. Commissioner Botkin absent. Commissioner Cowles Commissioner Lasch Commissioner Van Maanen Commissioner Ortega Commissioner Greenberg Commission Members in Attendance: Chair Palvino Vice Chair Garcia Commissioner Botkin (absent) Commissioner Dwyer Commissioner McGivern Commission Altamirano Staff in Attendance: Myrna Rios, City Clerk’s Office Neal Falgoust, Law Department Wajiha Rizvi, Law Department (virtual) PUBLIC COMMUNICATION: GENERAL Miriam Schoenfield Joe Riddell APPROVAL OF MINUTES 1. Approve the minutes of the 2024 Charter Review Commission regular meeting of February 15, 2024. Withdrawn STAFF BRIEFINGS 2. Law Department briefing regarding staff proposed charter revisions. The presentation was made by Neal Falgoust, Law Department. DISCUSSION AND ACTION ITEMS 3. Discussion and possible action on the City Attorney Working Group initial recommendation report. (Chair Palvino, Commissioners Garcia and McGiverin) 1 The presentation on the City Attorney Working Group “Recommendation #2 Council is assigned a designated attorney with the city attorney’s office” was made by Vice Chair Garcia. The motion to approve recommendation #2 was made by Chair Palvino, seconded by Commissioner Altamirano on an 8-2 vote. Commissioners Ortega and Greenberg voted no. Commissioner Botkin absent. 4. Discussion and possible action on the Initiative/Charter/Referendum Mechanics Work Groups initial recommendation on proposition lettering. (Commissioners Altamirano, Botkin, and Ortega) No further action required. 5. Discussion and possible action on the Petition Process Working Groups initial recommendation report on revisions to the petition process. (Commissioners Cowles, Dwyer, and McGiverin) The presentation on the Petition Process Working Group “Letter of Intent” recommendation was presented by Commissioner Van Maanen. The motion to approve the recommendation was made by Commissioner Cowles, seconded by Commissioner Dwyer on a 10-0 vote. Commissioner Botkin absent. The presentation on the Petition Process Working Group “3.5 % Signature Threshold” was presented by Commissioner Dwyer. The motion to approve the “5% signature threshold” was made by Commissioner Dwyer, seconded by Commissioner Cowles on a 1-9 vote. Commissioner Dwyer voted yes. Those voting no: Chair Palvino, Vice Chair Garcia, Commissioner’s Altamirano, Greenberg, McGiverin, Van Maanen, Lasch, Cowles, and Ortega. Commissioner Botkin absent. The motion failed. The motion to approve the “3.5% signature threshold” was made by Commissioner Dwyer, seconded by Commissioner Altamirano on a 5-5 vote. …
REGULAR MEETING OF THE 2024 CHARTER REVIEW COMMISSION Thursday February 29, 2024, at 5:30 P.M. Austin City Hall, Boards & Commissions Rm 301 W 2nd St AUSTIN, TEXAS Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation by telephone. To register to speak remotely, please call Myrna Rios, (512) 974-2210, 2024 or email your request to myrna.rios@austintexas.gov. CURRENT COMMISSIONERS: Jessica Palvino, Chair Ryan Botkin Cynthia Van Maanen Julio Altamirano Randy Ortega Betsy Greenberg Alejandro Garcia, Vice Chair JC Dwyer Brian McGiverin Michael O Cowles Megan Lasch AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL 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. APPROVAL OF MINUTES 1. Approve the minutes of the 2024 Charter Review Commission regular meeting of February 15, 2024. STAFF BRIEFINGS 2. Law Department briefing regarding staff proposed charter revisions. DISCUSSION AND ACTION ITEMS 3. Discussion and possible action on the City Attorney Working Group initial recommendation report. (Chair Palvino, Commissioners Garcia and McGiverin) 4. Discussion and possible action on the Initiative/Charter/Referendum Mechanics Work Groups initial recommendation on proposition lettering. (Commissioners Altamirano, Botkin, and Ortega) 5. Discussion and possible action on the Petition Process Working Groups initial recommendation report on revisions to the petition process. (Commissioners Cowles, Dwyer, and McGiverin) 6. Discussion and possible action on Recall Petitions Work Group recommendations. (Commissioner Van Maanen) 7. Discussion and possible action regarding community engagement of the Charter Review process from the Outreach Work Group. 8. Discussion and possible action on the review and finalization of the draft report to Council. 9. Discussion and possible action of future meetings and meeting location. FUTURE AGENDA ITEMS 10. The Commission may discuss and identify future agenda items, topics, or presentations. ADJOURNMENT The City of Austin is committed to compliance with the American 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 Myrna …
2024 CHARTER REVIEW COMMISSION MINUTES REGULAR MEETING February 29, 2024 The 2024 Charter Review Commission convened in a regular meeting on Thursday, February 29, 2024, Austin City Hall, 301 W. Second Street, Room 1029, Austin, Texas. Chair Palvino called the Commission Meeting to order at 5:32 p.m. Commissioner Botkin absent. Commissioner Cowles Commissioner Lasch Commissioner Van Maanen Commissioner Ortega Commissioner Greenberg Commission Members in Attendance: Chair Palvino Vice Chair Garcia Commissioner Botkin (absent) Commissioner Dwyer Commissioner McGivern Commission Altamirano Staff in Attendance: Myrna Rios, City Clerk’s Office Neal Falgoust, Law Department Wajiha Rizvi, Law Department (virtual) PUBLIC COMMUNICATION: GENERAL Miriam Schoenfield Joe Riddell APPROVAL OF MINUTES 1. Approve the minutes of the 2024 Charter Review Commission regular meeting of February 15, 2024. Withdrawn STAFF BRIEFINGS 2. Law Department briefing regarding staff proposed charter revisions. The presentation was made by Neal Falgoust, Law Department. DISCUSSION AND ACTION ITEMS 3. Discussion and possible action on the City Attorney Working Group initial recommendation report. (Chair Palvino, Commissioners Garcia and McGiverin) 1 The presentation on the City Attorney Working Group “Recommendation #2 Council is assigned a designated attorney with the city attorney’s office” was made by Vice Chair Garcia. The motion to approve recommendation #2 was made by Chair Palvino, seconded by Commissioner Altamirano on an 8-2 vote. Commissioners Ortega and Greenberg voted no. Commissioner Botkin absent. 4. Discussion and possible action on the Initiative/Charter/Referendum Mechanics Work Groups initial recommendation on proposition lettering. (Commissioners Altamirano, Botkin, and Ortega) No further action required. 5. Discussion and possible action on the Petition Process Working Groups initial recommendation report on revisions to the petition process. (Commissioners Cowles, Dwyer, and McGiverin) The presentation on the Petition Process Working Group “Letter of Intent” recommendation was presented by Commissioner Van Maanen. The motion to approve the recommendation was made by Commissioner Cowles, seconded by Commissioner Dwyer on a 10-0 vote. Commissioner Botkin absent. The presentation on the Petition Process Working Group “3.5 % Signature Threshold” was presented by Commissioner Dwyer. The motion to approve the “5% signature threshold” was made by Commissioner Dwyer, seconded by Commissioner Cowles on a 1-9 vote. Commissioner Dwyer voted yes. Those voting no: Chair Palvino, Vice Chair Garcia, Commissioner’s Altamirano, Greenberg, McGiverin, Van Maanen, Lasch, Cowles, and Ortega. Commissioner Botkin absent. The motion failed. The motion to approve the “3.5% signature threshold” was made by Commissioner Dwyer, seconded by Commissioner Altamirano on a 5-5 vote. …
City of Austin Staff Proposed Charter Amendments On March 9, 2023, the City Council directed the City Manager to establish a Charter Review Commission under Resolution 20230309-25. The commission was tasked with issuing a report on topics including, but not limited to, initiative, referendum, and Charter amendment petition and election requirements. Through a parallel process, City staff performed an exhaustive review of the charter and recommend the following revisions for Council consideration. Many of these revisions are a non- substantive, routine harmonizations of language such as: 1) deletion of legacy and transitional text that addresses interim matters solely relevant to the timing of the charter provision’s original adoption; 2) updates to legal citations; 3) updates for compliance with changes in the law; 4) references to controlling state law; and 5) recommendations based on current practices due to advances in technology and practice since the charter’s adoption. Substantive changes have been summarized by topic below. Disposition of City Property (Article I, § 3) The city currently holds possession of goods that may be damaged or have no value for the purposes for which the goods were originally intended, known as salvage property. The city also obtains property that is not necessary or valuable for the city’s needs, or surplus property. 1 Under the city’s current practice, these items are indefinitely kept in storage without a procedure for disposition. This recommendation adds language to the charter to allow the city to implement procedures for the disposition of the city’s salvage or surplus property. If adopted, the specific procedure for disposition would be developed and set out in an ordinance subject to council review and approval at a later date. Annexation (Article I, § 6 and § 7) References to landowner consent have been removed to remain consistent with HB 347, which revised the municipal annexation process. HB 347 became effective in May 2019 at the conclusion of the 86th Legislature. Notice and hearing requirements for limited purpose annexations are also recommended to be removed given the controlling state law, addressing notice and hearing requirements for both limited and full purpose annexations.2 The city will continue to follow such requirements to ensure interested members of the public have the opportunity to be heard. Redistricting (Article II, § 3) Independence & Timing (Article II, § 3(B) & (G)) A new definition is recommended to clarify what is meant by the word “independent” in the …
CRC Recommendation No. 2 Regarding Article V, Section 6 (City Attorney) Recommendation: Council is assigned a designated attorney with the city attorney’s office. Proposed Charter Revision: Policy Reasons: The CRC is recommending this charter revision to ensure that council has a designated attorney within the city attorney’s office to assist it in formulating ordinances and working through policy matters. Proposed Ballot Language: [in progress]
Item 5 2024 Charter Review Commission, 2/29/24 Background City Council Resolution 20230309-025 establishing the 2024 Charter Review Commission to make recommendations to the Council to, in part, “improve and enhance transparency and the general functions of city government….” The City Charter does not currently require public disclosure of the intent to collect signatures for a petition, the identity of the person(s) initiating the petition and responsible for collecting petition signatures, or contact information for the petitioners, among other disclosures commonly required in citizen-initiated petition policies in other cities, nor does the Charter require that the parties responsible for collecting and submitting petition signatures be residents of Austin. As such, the current petition process does not encourage or require the level of transparency that Austin residents deserve. Draft Recommendation Amended language for City Charter Article IV, Section 3: Subsection 1: Notice of Intent. A signature presented as part of a petition for a ballot initiative, referendum, recall, or for a Charter amendment to the extent allowable under state law, is considered valid only if: a) The signer is a qualified voter in the jurisdiction impacted by the petition; b) The signature includes the signer’s printed name, residence address, date of birth or Voter Unique Identifier (VUID), the date of signing, and the signer’s live signature, as described in Texas Election Code Sec. 277.002 (a); and c) The signature was collected during the effective period of a Notice of Intent filed with and accepted by the City Clerk. i) Notices of Intent are considered to be in effect once they are reviewed and accepted by the City Clerk, until the date the collected petition signatures are submitted to the City Clerk, for a period not exceeding 180 days. d) The signature was submitted as part of the petition before the 90th day before the date by which an election must be ordered for the next general municipal election date for petitions for initiative, referendum, and to the extent allowable under state law, Charter amendments. e) The signature was collected on a standardized petition form prescribed by the City Clerk, which at a minimum: i) ii) iii) Contact information for the Clerk’s office; The URL of the page on the City’s website where Notices of Intent are posted, as well as a QR code directing to that URL; The following information provided on the Notice of Intent: 1) The type of petition; 2) …
Recommendation: Background Item 5 City Council Resolution 20230309-025 establishing the 2024 Charter Review Commission indicated City Council’s intent to hold an election in November 2024 to allow voters to decide on several important changes to the charter including “changes to petition requirements for initiative and referendum or City Charter amendments including (…) Use of a durable signature threshold that utilizes a percentage of the total number of registered voters in the City.” Among the reasons cited for this change, the Resolution stated: “WHEREAS, in November 2012, voters approved a Charter amendment to change the number of required signatures for initiative and referendum petitions to be equal to the number of signatures required by state law to initiate a Charter amendment: 5% of qualified voters or 20,000, whichever number is smaller, and this change resulted in petitioners needing fewer than half the number of signatures than before;” and “WHEREAS, in 2012, when the change was made, 20,000 signatures was 4% of qualified voters,but this fixed number represents a steadily decreasing percentage of Austin voters as the City's population continues to grow;” and “WHEREAS, an October 2019 report by the City Auditor regarding citizen initiatives to amend the City Code noted that most peer cities require more signatures for citizen initiatives than Austin and that only Austin provides for a set number of signatures required or a percentage requirement, whichever is smaller”. The Charter Review Commission established the Petition Process Working Group on October 2nd, 2023. Its membership consisted of Commissioners Cowles, Dwyer, Greenberg, McGivern and Van Maanen. This recommendation was presented to the full Commission on XX/XX/XXXX. It was adopted/rejected by a X-X vote. Substance of the Proposed Amendments, Revisions or Repeals to the Charter This recommendation sets a durable signature threshold for the approval of citizen initiative and referendum petitions at 3.5% of qualified Austin voters. The Charter Review Commission recommends amending Article IV, § 1 by replacing the current language: “Any initiated ordinance may be submitted to the council by a petition signed by qualified voters of the city equal in number to the number of signatures required by state law to initiate an amendment to this Charter.” with the following amended language: “Any initiated ordinance may be submitted to the council by a petition signed by three and a half percent of qualified voters of the city.” and amending Article IV, § 2 by replacing the current language: …
Item 6 - Back-up Item 1 2024 Charter Review Commission, 2/29/24 Background City Council Resolution 20230309-025 establishing the 2024 Charter Review Commission to make recommendations to the Council to, in part, “improve and enhance transparency and the general functions of city government….” Through the regular electoral process, candidates for mayor and City Council must comply with limits on campaign funds, contributions, and expenditures imposed in the City Charter, Article III Section 8. The following are some, but not all, of these limitations: limits on individual campaign contributions and a limit on the total amount of contributions received outside of Austin, limitations on contributions from political committees, and the prohibition of soliciting and accepting campaign contributions outside of the 180-day period preceding of an election for mayor or council member, or the recall election of the mayor or a council member. The City Charter does not currently require any public disclosure or campaign finance reporting on contributions received or expenditures made in connection with collecting petition signatures in order to recall a mayor council member, or for any kind of petition, which means that it is generally not possible to determine which interests are backing the use of petitions to change policy or to recall the representatives that Austinites elect to serve them on City Council. Recommendation Added language for City Charter Article IV, Sec. 6: Any person or entity responsible for initiating and submitting a petition (“the petitioner”) to recall the mayor or a council member shall file a campaign treasurer appointment with the City Clerk, and shall submit reports of all contributions received and expenditures made in connection with a recall petition per the City of Austin’s campaign finance rules. Additionally, petitioners for the recall of the mayor or a council member shall comply with limits on campaign contributions and expenditures, similar to those described in City Charter Article III, Sec. 8, to the extent allowed by applicable law. If any provision of this section, or the application of that provision to any persons or circumstances, shall be held invalid, then the remainder of this section, to the extent that it can be given effect, and the application of that provision to persons or circumstances other than those to which it was held invalid, shall not be affected thereby, and to this extent the provisions of this section are severable. Policy Reasons for the Recommendation The expressed intent of …
Item 6 - Back-up Item 2 2024 Charter Review Commission, 2/29/24 Background The current recall structure outlined in the City Charter was written for an at-large Council system, in which each Council Member was elected by the entire voting population of the city. Thus, a 10% threshold translated to approximately 50,000 signatures as of the November 2012 election, in which Austin voters chose to adopt a single-member district system of representation, rejecting the at-large system. Each Council District now is made of approximately one-tenth the number of residents that at-large districts were. Under the at-large system, each Austinite had multiple Council Members that they elected to represent them. If any one at-large Council Member failed to adequately represent a community in Austin, that community had multiple other representatives accountable to them from which they could seek relief. In the event of a recall, no community was left without representation on City Council. A single-member district system offers more community-centered representation more directly responsive to each geographic area of the city. However, in the event of a recall in a single-member district system, one-tenth of the city is left without directly responsive representation, leaving that area with no voice on City Council for the possibly months-long period before a special election occurs, which could leave that community virtually powerless in extremely consequential policymaking and budget decisions that directly impact them. The single-member district system of representation is fundamentally different from an at-large system, and offers more community-centered, more direct and responsive representation. However, the recall structure was not amended when Austin adopted a single-member district system, and is not appropriate for a new system of representation. As such, the current recall system is not an institutional choice allowing for a last-resort tool to achieve fair, competent, and adequate representation, but rather an oversight that compromises our system of government by allowing anyone–including corporations, people who do not live in Austin, and people who do not live in and are not represented by Council Members they wish to recall–to abuse this system to overturn an election as a means of influencing policy, especially when combined with the absence of transparency and accountability that currently exists in the City Charter. Recall is an important tool for holding elected representatives accountable, but because the consequences of a recall are so potentially severe, it is a tool that must be carefully structured and protected from …
Topics For Next Time The below set of topics represent policy questions that the Charter Review Commission (CRC) did not have enough time to adequately explore but may be of interest to the City Council or future CRCs. The topics are listed in alphabetical order. “Democracy Dollars” In the May 2021 Austin election, a similar public campaign finance voucher proposal received 43% of the cast votes in favor. The 2018 Charter Revision Commission recommended the creation of a system of publicly-financed City Council campaign contribution vouchers. According to the 2018 CRC: The purpose of the Democracy Dollars program is to ensure that all 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. DRAFT The current CRC discussed Commissioner Betsy Greenberg’s Independent Ethics Commission proposal. Many CRC members expressed an interest in reviewing the design and function of the City’s overall ethics apparatus. At the same time, Commissioners voiced concerns about being able to meet the CRC’s report deadline and tackling such a complex topic that was not specifically mentioned in the City Council resolution creating the 2024 CRC. An updated version of the proposal that addresses the community concerns raised during the May 2021 election may gain widespread community support. A future CRC could be constituted with a clear mandate and ample time to allow a proper consideration of an Independent Ethics Commission. Independent Ethics Commission Limit on Aggregate Campaign Contributions Outside of Austin (“Zip Code Envelope”) Article III § 8 A.3 of the Charter states: This provision was challenged in Court by former City Council member Don Zimmerman but survived. From the opinion issued by the Fifth Circuit U.S. Court of Appeals: No candidate and his or her committee shall accept an aggregate contribution total of more than $30,000.00 per election, and $20,000.00 in the case of a runoff election, from sources other than natural persons eligible to vote in a postal zip code completely or partially within the Austin city limits. The amount of the contribution limit 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 …
REGULAR MEETING OF THE 2024 CHARTER REVIEW COMMISSION Thursday February 15, 2024, at 5:30 P.M. Austin City Hall, Boards & Commissions Rm 301 W 2nd St AUSTIN, TEXAS Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation by telephone. To register to speak remotely, please call Myrna Rios, (512) 974-2210, 2024 or email your request to myrna.rios@austintexas.gov. CURRENT COMMISSIONERS: Jessica Palvino, Chair Ryan Botkin Cynthia Van Maanen Julio Altamirano Randy Ortega Betsy Greenberg Alejandro Garcia, Vice Chair JC Dwyer Brian McGiverin Michael O Cowles Megan Lasch AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL 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. APPROVAL OF MINUTES 1. Approve the minutes of the 2024 Charter Review Commission regular meeting of January 30, 2024, and special called of February 8, 2024. DISCUSSION AND ACTION ITEMS 2. Discussion and possible action on the City Attorney Working Group initial recommendation report. (Chair Palvino, Commissioners Garcia and McGiverin) 3. Discussion and possible action on the Petition Process Working Groups initial recommendation report on revisions to the petition process. (Commissioners Cowles, Dwyer, and McGiverin) 4. Discussion and possible action on the Initiative/Charter/Referendum Mechanics Work Groups initial recommendation on proposition lettering. (Commissioners Altamirano, Botkin, and Ortega) 5. Discussion and possible action on Recall Petitions Work Group recommendations. (Commissioner Van Maanen) 6. Discussion and possible action regarding community engagement of the Charter Review process from the Outreach Work Group. 7. Discussion and possible action of future meetings and meeting location. FUTURE AGENDA ITEMS 8. The Commission may discuss and identify future agenda items, topics, or presentations. ADJOURNMENT The City of Austin is committed to compliance with the American 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 Myrna Rios at the Office of the City Clerk, at (512) 974-2210 or myrna.rios@austintexas.gov, for additional information; TTY users route through …
2024 CHARTER REVIEW COMMISSION MINUTES REGULAR MEETING February 15, 2024 The 2024 Charter Review Commission convened in a regular meeting on Thursday, February 15, 2024, Austin City Hall, 301 W. Second Street, Room 1029, Austin, Texas. Chair Palvino called the Commission Meeting to order at 5:31 p.m. Commissioners Dwyer and Lasch attended virtually. Vice Chair Garcia absent. Commissioner Cowles Commissioner Lasch Commissioner Van Maanen Commissioner Ortega Commissioner Greenberg Commission Members in Attendance: Vice Chair Garcia (absent) Commissioner Botkin Commissioner Dwyer Commissioner McGivern (virtual) Commission Altamirano Staff in Attendance: Myrna Rios, City Clerk’s Office Caroline Webster, Law Department PUBLIC COMMUNICATION: GENERAL Joe Riddell APPROVAL OF MINUTES 1. Approve the minutes of the 2024 Charter Review Commission regular meeting of January 30, 2024, and February 8, 2024. The motion to approve the minutes from the January 30, 2024 meeting, and February 8, 2024 meeting were approved on Commissioner Lasch’s motion, Commissioner Botkin’s second on a 9-0 vote. Commissioner McGiverin was off the dais. Vice Chair Garcia absent. DISCUSSION AND ACTION ITEMS 2. Discussion and possible action on the City Attorney Working Group initial recommendation report. (Chair Palvino, Commissioners Garcia and McGiverin) The presentation on the City Attorney Working Group recommendations was made by Chair Palvino. 1 Recommendation #1: The City Manager appoints City Attorney, with confirmation by City Council. Recommendation #2: Council is assigned a designated attorney with the city attorney’s office. The motion to approve Recommendation #1 was made by Commissioner Lasch, seconded by Commissioner Botkin on an 8-0 vote. Commissioner McGiverin was off the dais, Commissioner Greenberg abstained. Vice Chair Garcia absent. 3. Discussion and possible action on the Petition Process Working Groups initial recommendation report on revisions to the petition process. (Commissioners Cowles, Dwyer, and McGiverin) The presentation on the Petition Process Working Group recommendations was made by Commissioner Dwyer. No action was taken. 4. Discussion and possible action on the Initiative/Charter/Referendum Mechanics Work Groups initial recommendation on proposition lettering. (Commissioners Altamirano, Botkin, and Ortega) The presentation on the Initiative/Charter/Referendum Mechanics Work Group recommendations was made by Commissioner Van Maanen. The motion to approve the recommendations was made by Commissioner Van Maanen, seconded by Commissioner Ortega on ab 8-1 vote. Commissioner Greenberg voted no. Commissioner McGiverin was off the dais. Vice Chair Garcia absent. 5. Discussion and possible action on Recall Petitions Work Group recommendations. (Commissioner Van Maanen) The presentation on the Recall Petitions Work Group recommendations was made …
2024 CHARTER REVIEW COMMISSION MINUTES REGULAR MEETING January 30, 2024 The 2024 Charter Review Commission convened in a regular meeting on Thursday, January 30, 2024, Austin City Hall, 301 W. Second Street, Room 1029, Austin, Texas. Chair Palvino called the Commission Meeting to order at 5:31 p.m. Commissioners Dwyer and Lasch attended virtually. Vice Chair Garcia absent. Commissioner Cowles Commissioner Lasch (virtual) Commissioner Van Maanen Commissioner Ortega Commissioner Greenberg Commission Members in Attendance: Vice Chair Garcia (absent) Commissioner Botkin Commissioner Dwyer (virtual) Commissioner McGivern Commission Altamirano Staff in Attendance: Myrna Rios, City Clerk’s Office Caroline Webster, Law Department PUBLIC COMMUNICATION: GENERAL Bobby Levinski – SOS (remote) Linda Curtis (remote) Lisa Chang (remote) Joe Riddell APPROVAL OF MINUTES 1. Approve the minutes of the 2024 Charter Review Commission regular meeting of January 18, 2024. The motion to approve the minutes from the January 18, 2024 meeting were approved on Commissioner Botkin’s motion, Commissioner Cowles’s second on an 8-0 vote. Commissioner’s Dwyer and Lasch were off the dais. Vice Chair Garcia absent. STAFF BRIEFINGS 2. Law Department briefing regarding staff proposed charter revisions. Withdrawn 1 DISCUSSION AND ACTION ITEMS 3. Discussion and possible action on the City Attorney Working Group initial recommendation report. (Chair Palvino, Commissioners Garcia and McGiverin) The presentation on the City Attorney Working Group recommendation was made by Commissioner McGiverin. No action was taken. 4. Discussion and possible action on the Petition Process Working Groups initial recommendation report on revisions to the petition process. (Commissioners Cowles, Dwyer, and McGiverin) The presentation on the Petition Process Working Group recommendations were made by Commissioner Van Maanen and Commissioner Dwyer. It was discussed to discuss the recommendations further at the February 15, 2024 meeting. No action was taken. 5. Discussion and possible action on the Initiative/Charter/Referendum Mechanics Work Groups initial recommendation on proposition lettering. (Commissioners Altamirano, Botkin, and Ortega) The presentation on the Mechanics Work Group recommendations was made by Commissioner Altamirano. The motion to approve the Alphabet Rotation of Proposition language recommendation was made by Commissioner Altamirano, seconded by Commissioner Van Maanen on an 8-0 vote. Commissioner’s Dwyer and Lasch were off the dais. Vice Chair Garcia absent. 6. Discussion and possible action on Recall Petitions Work Group recommendations. (Commissioner Van Maanen) The presentation on the Recall Petitions Work Group recommendations was made by Commissioner Van Maanen. Staff were directed to provide information if Political Action Groups can have contribution limitations. …
2024 CHARTER REVIEW COMMISSION MINUTES SPECIAL CALLED MEETING February 8, 2024 The 2024 Charter Review Commission convened in a special called meeting on Thursday, Thursday, February 8, 2024, Austin City Hall, 301 W. Second Street, Austin, Texas. Chair Palvino called the Commission Meeting to order at 7:04 p.m. Commission Members in Attendance: Vice Chair Garcia Commissioner Botkin Commissioner Dwyer Commissioner McGivern Commission Altamirano Staff in Attendance: Myrna Rios, City Clerk’s Office Caroline Webster, Law Department PUBLIC HEARING Commissioner Cowles Commissioner Lasch Commissioner Van Maanen Commissioner Ortega Commissioner Greenberg 1. Conduct a public hearing to receive feedback regarding proposed amendments to the City Charter recommended by the 2024 Charter Review Commission. Conducted The meeting was adjourned without objection at 8:24 pm. 1
CRC Recommendation Regarding Article V, Section 6 (City Attorney) Recommendation: City Manager appoints City Attorney, with confirmation by City Council Proposed Charter Revision: 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. Proposed Ballot Language: [in progress]
DRAFT CRC Recommendation Regarding Article V, Section 6 (City Attorney) Recommendation: City manager appoints city attorney, with confirmation by council Proposed Charter Revision: Policy Reasons: The CRC is recommending this charter revision to ensure that council has a designated attorney within the city attorney’s office to assist it in formulating ordinances and working through policy matters. Proposed Ballot Language: [in progress]
DRAFT Recommendation: Background Item 3: 5% Threshold City Council Resolution 20230309-025 establishing the 2024 Charter Review Commission indicated City Council’s intent to hold an election in November 2024 to allow voters to decide on several important changes to the charter including “changes to petition requirements for initiative and referendum or City Charter amendments including (…) Use of a durable signature threshold that utilizes a percentage of the total number of registered voters in the City.” Among the reasons cited for this change, the Resolution stated: “WHEREAS, in November 2012, voters approved a Charter amendment to change the number of required signatures for initiative and referendum petitions to be equal to the number of signatures required by state law to initiate a Charter amendment: 5% of qualified voters or 20,000, whichever number is smaller, and this change resulted in petitioners needing fewer than half the number of signatures than before;” and “WHEREAS, in 2012, when the change was made, 20,000 signatures was 4% of qualified voters, but this fixed number represents a steadily decreasing percentage of Austin voters as the City's population continues to grow;” and “WHEREAS, an October 2019 report by the City Auditor regarding citizen initiatives to amend the City Code noted that most peer cities require more signatures for citizen initiatives than Austin and that only Austin provides for a set number of signatures required or a percentage requirement, whichever is smaller”. The Charter Review Commission established the Petition Process Working Group on October 2nd, 2023. Its membership consisted of Commissioners Cowles, Dwyer, Greenberg, McGivern and Van Maanen. This recommendation was presented to the full Commission on XX/XX/XXXX. It was adopted/rejected by a X-X vote. Substance of the Proposed Amendments, Revisions or Repeals to the Charter This recommendation creates a durable signature threshold for the approval of citizen initiative and referendum petitions at 5% of qualified Austin voters and aligns those changes to the same threshold for changes to the City Charter, pending changes to state law. The Charter Review Commission recommends creating Article IV, § 11, titled “Changes to the City Charter,” and adding the following language: “In the event Texas Local Government Code 9.004 is amended to permit the city to affirmatively choose between setting the petition signature threshold required for initiating a charter amendment election to either a fixed number of qualified voters or a percentage of qualified voters without regard to which option is …
Recommendation: Elections for citizen-initiated Charter changes and initiatives held on municipal general election dates Item 4 Background The City Council Resolution 20230309-025 establishing the 2024 Charter Review Commission indicated City Council’s intent to hold an election in November 2024 to allow voters to decide on several important changes to the charter including a “Limit on citizen-initiated changes to the City Charter to November elections with a stated preference of holding elections on presidential election years.” The Charter Review Commission established the Initiative, Charter, and Referendum Mechanics Working Group (“Mechanics”) on October 2nd, 2023. Its membership consisted of Commissioners Altamirano, Botkin, and Ortega. The Working Group was supported by Ms. Caroline Webster of the City of Austin Law Department. This recommendation was presented to the full Commission on 1/30/2024. It was adopted/rejected by a X-X vote. Substance of the Proposed Amendments, Revisions or Repeals to the Charter This recommendation requires City Council to select the earliest municipal general election date when it orders an election for Charter changes or citizen-initiated initiatives. The City of Austin has its municipal general elections every two years, matching the presidential and “midterm” Congressional election cycle. For citizen-initiated Charter changes, Local Government Code 9.004 (b) already affords City Council the ability to select either the soonest of the next municipal general election or the presidential election: (b) The ordinance ordering the election shall provide for the election to be held on the first authorized uniform election date prescribed by the Election Code or on the earlier of the date of the next municipal general election or presidential general election. The election date must allow sufficient time to comply with other requirements of law and must occur on or after the 30th day after the date the ordinance is adopted. This recommendation binds Council to selecting the soonest of these two higher turnout elections. Additionally, there are no limitations from state statute or the Texas Constitution preventing Austin’s Charter from placing the same requirement on citizen-initiated initiatives. In consultation with City Law, the working group recommends the following language for for the ordinance ordering the election of this charter change: If Proposition __ is approved by a majority of voters voting in the election, the City Charter is amended to read as follows: ARTICLE IV.- INITIATIVE, REFERENDUM, [AND] RECALL, AND CITIZEN- INITIATED CHARTER AMENDMENTS. § 4.-COUNCIL CONSIDERATION AND SUBMISSION TO VOTERS. (A) When the council receives an …
SPECIAL CALLED MEETING OF THE 2024 CHARTER REVIEW COMMISSION Thursday, February 8, 2024 at 7:00 P.M. Austin City Hall, Council Chambers 301 W 2nd St AUSTIN, TEXAS Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation by telephone. To register to speak remotely or in person, please register here https://cityofaustin.formstack.com/forms/2024charterreviewcommission_townhall. CURRENT COMMISSIONERS: Jessica Palvino, Chair Ryan Botkin Cynthia Van Maanen Julio Altamirano Randy Ortega Betsy Greenberg Alejandro Garcia, Vice Chair JC Dwyer Brian McGiverin Michael O Cowles Megan Lasch PUBLIC HEARING AGENDA 1. Conduct a public hearing to receive feedback regarding proposed amendments to the City Charter recommended by the 2024 Charter Review Commission. The City of Austin is committed to compliance with the American 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 Myrna Rios at the Office of the City Clerk, at (512) 974-2210 or myrna.rios@austintexas.gov, for additional information; TTY users route through Relay Texas at 711. For more information on the 2024 Charter Review Commission, please contact Myrna Rios at myrna.rios@austintexas.gov
2024 CHARTER REVIEW COMMISSION MINUTES REGULAR MEETING February 8, 2024 The 2024 Charter Review Commission convened in a regular meeting on Thursday, February 8, 2024, Austin City Hall, 301 W. Second Street, Austin, Texas. Chair Palvino called the Special Called Commission Meeting to order at 7:04 p.m. Commission Members in Attendance: Chair Palvino Vice Chair Garcia Commissioner Botkin Commissioner Dwyer Commissioner McGivern Commission Altamirano Commissioner Cowles Commissioner Lasch Commissioner Van Maanen Commissioner Ortega Commissioner Greenberg Staff in Attendance: Myrna Rios, City Clerk’s Office Caroline Webster, Law Department PUBLIC HEARING 1. Conduct a public hearing to receive feedback regarding proposed amendments to the City Charter recommended by the 2024 Charter Review Commission. Conducted The meeting was adjourned without objection at 8:24 p.m. The minutes were approved on February 15, 2024 on Commissioner Lasch’s motion, Commissioner Botkin’s second on a 9-0 vote. Commissioner McGiverin was off the dais. Vice Chair Garcia absent. 1
What is the Austin City Charter? ➢The Austin City Charter is a key document that explains how Austin is managed and governed. ➢It is essentially a constitution for the city. What is the Austin City Charter? ➢ City Government Structure ➢ Community Participation ➢ Legal Framework for City Laws ➢ Managing City Finances ➢ Local Autonomy and Flexibility ➢ Ensuring Transparency and Responsibility What is the Charter Review Commission? The Austin Charter Review Commission is appointed by the Mayor and City Council to recommend updates to the City's governing document to reflect current legal standards, governance practices, and community needs. Who is on the Charter Review Commission? • Betsy Greenberg • Alejandro Garcia Limon • Megan Lasch • Brian McGiverin • Michael Cowles • Randy Ortega • JC Dwyer • Cynthia Van Maanen • • Ryan Botkin • Jessica Palvino Julio Gonzalez Altamirano What Issues is the CRC Considering? ➢ Use of a durable signature threshold for citizen-initiated petitions ➢ Limit on citizen-initiated changes to the City Charter to November elections in even-numbered years ➢ A process for filing petitions that ensures transparency, including an notice of intent and other requirements ➢ Ethical guidelines for petition signatures ➢ Alternative proposition lettering or numbering system ➢ Clarification of the outcome of an election where two similar but different ballot measures on the same subject matter both pass What Issues Are We Discussing Tonight? 1. Signature threshold for citizen-initiated petitions 2. Signature threshold for recall elections 3. Moving ordinance initiatives and charter changes to municipal general elections What if I Want to Talk About a Different Issue? ➢ Upcoming CRC Meetings at City Hall (5pm): • Thursday, February 15, 2024 • Thursday, February 29, 2024 • Thursday, March 7, 2024 ➢ Email: 2024charterreview@austintexas.gov ➢ Additional issues will be discussed at a later Town Hall. Please let us know if you have suggestions on discussion topics! Format for Discussion ➢ 1-2 minute: general topic overview by Moderator (Jessica Palvino) ➢ 3-5 minutes: speaker present “pros” ➢ 3-5 minutes: speaker present “cons” ➢ Community Discussion, facilitated by Moderator Issue #1: Petition Threshold ISSUE #1: Should the signature threshold be increased for initiative petitions? BACKGROUND FACTS: ✓ 4 types of petitions: initiative, referendum, recall and charter ✓ The current signature requirement for initiative petitions is the lower of 20,000 or 5% of voters, whichever is smaller ✓ A 2019 report from the City Auditor found …
REGULAR MEETING OF THE 2024 CHARTER REVIEW COMMISSION TUESDAY January 30, 2024 at 5:30 P.M. Austin City Hall, Boards & Commissions Rm 301 W 2nd St AUSTIN, TEXAS Public comment will be allowed in-person or remotely via telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation by telephone. To register to speak remotely, please call Myrna Rios, (512) 974-2210, 2024 or email your request to myrna.rios@austintexas.gov. CURRENT COMMISSIONERS: Jessica Palvino, Chair Ryan Botkin Cynthia Van Maanen Julio Altamirano Randy Ortega Betsy Greenberg Alejandro Garcia, Vice Chair JC Dwyer Brian McGiverin Michael O Cowles Megan Lasch AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL 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. APPROVAL OF MINUTES 1. Approve the minutes of the 2024 Charter Review Commission regular meeting of January 18, 2024. STAFF BRIEFINGS 2. Law Department briefing regarding staff proposed charter revisions. DISCUSSION AND ACTION ITEMS 3. Discussion and possible action on the City Attorney Working Group initial recommendation report. (Chair Palvino, Commissioners Garcia and McGiverin) 4. Discussion and possible action on the Petition Process Working Groups initial recommendation report on revisions to the petition process. (Commissioners Cowles, Dwyer, and McGiverin) 5. Discussion and possible action on the Initiative/Charter/Referendum Mechanics Work Groups initial recommendation on proposition lettering. (Commissioners Altamirano, Botkin, and Ortega) 6. Discussion and possible action on Recall Petitions Work Group recommendations. (Commissioner Van Maanen) 7. Discussion and possible action regarding community engagement of the Charter Review process from the Outreach Work Group. 8. Discussion and possible action of future meetings and meeting location. FUTURE AGENDA ITEMS 9. The Commission may discuss and identify future agenda items, topics, or presentations. ADJOURNMENT The City of Austin is committed to compliance with the American 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 Myrna Rios at the Office of the City Clerk, at (512) 974-2210 or myrna.rios@austintexas.gov, for additional information; …
2024 CHARTER REVIEW COMMISSION MINUTES REGULAR MEETING January 30, 2024 The 2024 Charter Review Commission convened in a regular meeting on Thursday, January 30, 2024, Austin City Hall, 301 W. Second Street, Room 1029, Austin, Texas. Chair Palvino called the Commission Meeting to order at 5:31 p.m. Commissioners Dwyer and Lasch attended virtually. Vice Chair Garcia absent. Commissioner Cowles Commissioner Lasch (virtual) Commissioner Van Maanen Commissioner Ortega Commissioner Greenberg Commission Members in Attendance: Vice Chair Garcia (absent) Commissioner Botkin Commissioner Dwyer (virtual) Commissioner McGivern Commission Altamirano Staff in Attendance: Myrna Rios, City Clerk’s Office Caroline Webster, Law Department PUBLIC COMMUNICATION: GENERAL Bobby Levinski – SOS (remote) Linda Curtis (remote) Lisa Chang (remote) Joe Riddell APPROVAL OF MINUTES 1. Approve the minutes of the 2024 Charter Review Commission regular meeting of January 18, 2024. The motion to approve the minutes from the January 18, 2024 meeting were approved on Commissioner Botkin’s motion, Commissioner Cowles’s second on an 8-0 vote. Commissioner’s Dwyer and Lasch were off the dais. Vice Chair Garcia absent. STAFF BRIEFINGS 2. Law Department briefing regarding staff proposed charter revisions. Withdrawn 1 DISCUSSION AND ACTION ITEMS 3. Discussion and possible action on the City Attorney Working Group initial recommendation report. (Chair Palvino, Commissioners Garcia and McGiverin) The presentation on the City Attorney Working Group recommendation was made by Commissioner McGiverin. No action was taken. 4. Discussion and possible action on the Petition Process Working Groups initial recommendation report on revisions to the petition process. (Commissioners Cowles, Dwyer, and McGiverin) The presentation on the Petition Process Working Group recommendations were made by Commissioner Van Maanen and Commissioner Dwyer. It was discussed to discuss the recommendations further at the February 15, 2024 meeting. No action was taken. 5. Discussion and possible action on the Initiative/Charter/Referendum Mechanics Work Groups initial recommendation on proposition lettering. (Commissioners Altamirano, Botkin, and Ortega) The presentation on the Mechanics Work Group recommendations was made by Commissioner Altamirano. The motion to approve the Alphabet Rotation of Proposition language recommendation was made by Commissioner Altamirano, seconded by Commissioner Van Maanen on an 8-0 vote. Commissioner’s Dwyer and Lasch were off the dais. Vice Chair Garcia absent. 6. Discussion and possible action on Recall Petitions Work Group recommendations. (Commissioner Van Maanen) The presentation on the Recall Petitions Work Group recommendations was made by Commissioner Van Maanen. Staff were directed to provide information if Political Action Groups can have contribution limitations. …
To: Commissioners, 2024 Charter Review Commission (“2024 CRC”) From: City Attorney Working Group (the “Working Group”) (Alex Garcia, Brian McGiverin and Jessica Palvino) Subject: Preliminary Report Summary and Recommendation: Building on the work of and recommendation from the 2018 Charter Review Commission (see Attachment A), the City Attorney Working Group conducted additional research and interviewed a subject matter expert regarding whether the 2024 CRC should recommend amendments to Article V, Section 6 of the City of Austin’s Charter, which provides that the city manager shall appoint the city attorney. Upon concluding its work, the Working Group unanimously supports amending Article V, Section 6 and recommends a two‐pronged approach: (1) The city attorney shall be nominated by the city manager and confirmed by the council, and shall serve until removed by the joint action of both council and manager; and (2) One attorney within the office of the city attorney shall be appointed as “legislative counsel” to the city council, during which time appropriate ethical walls will be in place to protect the attorney‐client privilege. Resources: In reaching this recommendation, the Working Group relied heavily on the report from the 2018 Charter Review Commission (see Attachment A). The Working Group confirmed that Texas Home Rule Charters, Second Edition (2010), published by the Texas Municipal League, has not been updated since its last publishing. Additionally, the Working Group studied the National Civic League Model City Charter provisions relating to the appointment of the city attorney (see Attachment B), along with the associated commentary, and spoke with the author about the drafting of Section 4.03. The Working Group met three times to discuss its proposed recommendation and considered various written resources, including those included as Attachment C. Attachment 1 Attachment 2 Attachment 3
DRAFT Recommendation: Background City Council Resolution 20230309-025 establishing the 2024 Charter Review Commission indicated City Council’s intent to hold an election in November 2024 to allow voters to decide on several important changes to the charter including “changes to petition requirements for initiative and referendum or City Charter amendments including (…) Use of a durable signature threshold that utilizes a percentage of the total number of registered voters in the City.” Among the reasons cited for this change, the Resolution stated: “WHEREAS, in November 2012, voters approved a Charter amendment to change the number of required signatures for initiative and referendum petitions to be equal to the number of signatures required by state law to initiate a Charter amendment: 5% of qualified voters or 20,000, whichever number is smaller, and this change resulted in petitioners needing fewer than half the number of signatures than before;” and “WHEREAS, in 2012, when the change was made, 20,000 signatures was 4% of qualified voters,but this fixed number represents a steadily decreasing percentage of Austin voters as the City's population continues to grow;” and “WHEREAS, an October 2019 report by the City Auditor regarding citizen initiatives to amend the City Code noted that most peer cities require more signatures for citizen initiatives than Austin and that only Austin provides for a set number of signatures required or a percentage requirement, whichever is smaller”. The Charter Review Commission established the Petition Process Working Group on October 2nd, 2023. Its membership consisted of Commissioners Cowles, Dwyer, Greenberg, McGivern and Van Maanen. This recommendation was presented to the full Commission on XX/XX/XXXX. It was adopted/rejected by a X-X vote. Substance of the Proposed Amendments, Revisions or Repeals to the Charter This recommendation sets a durable signature threshold for the approval of citizen initiative and referendum petitions at 5% of qualified Austin voters. The Charter Review Commission recommends amending Article IV, § 1 by replacing the current language: “Any initiated ordinance may be submitted to the council by a petition signed by qualified voters of the city equal in number to the number of signatures required by state law to initiate an amendment to this Charter.” with the following amended language: “Any initiated ordinance may be submitted to the council by a petition signed by five percent of qualified voters of the city.” and amending Article IV, § 2 by replacing the current language: “a petition signed by …
