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[ CITY OF HUBER HEIGHTS STATE OF OHIO Charter Review Commission]
LIKE TO CALL THE ORDER OF THE MAY 6TH MEETING OF THE CHARTER REVIEW COMMISSION.MR. ROGERS, IF YOU COULD DO THE ROLL, PLEASE.
AND I WILL NOTE THAT MR. CAMPBELL, UH, HAD NOTIFIED ME EARLIER TODAY THAT HE WOULD HAD A CONFLICT AND WOULD NOT BE ABLE TO BE HERE.
UH, BEFORE WE MOVE ON TO THE APPROVAL OF THE MINUTES, I WOULD ENTERTAIN A MOTION TO EXCUSE MR. CAMPBELL'S ABSENCE.
IF WE COULD TAKE THE ROLL ON THAT EXCUSED ABSENCE.
MOVING ON TO ITEM NUMBER TWO, APPROVAL OF THE MINUTES.
WE'VE ALL RECEIVED THE VERY LENGTHY MINUTES FROM OUR APRIL 23RD MEETING.
UH, I WOULD ENTERTAIN A MOTION TO APPROVE THE MINUTES.
ANY FURTHER DISCUSSION ON THE MINUTES? OKAY.
SO WE ARE OFF TO ITEM NUMBER THREE.
UH, LETTER A, CHARTER REVIEW, COMMISSION PROCESS, NEEDS, STAFF SUPPORT, AND OTHER ISSUES.
UH, I REALLY DON'T HAVE ANYTHING THIS EVENING.
UM, IF THERE'S ANY QUESTIONS OR CLARIFICATIONS ON ANY PROCESSES OR ANYTHING THAT MEMBERS OF THE COMMISSION HAVE, I'D ENTERTAIN THOSE.
AND WE'LL MOVE RIGHT INTO, UH, TODAY'S BUSINESS.
UH, I, ITEM B HUBER HEIGHTS CITY CHARTER.
TODAY WE ARE STARTING WITH ARTICLE SEVEN ADMINISTRATIVE DEPARTMENTS.
UH, AS WE'VE DONE IN THE PAST, WE WILL, UH, OPEN THE FLOOR TO THE PUBLIC AND THEN RECEIVE ANY QUESTIONS OR CONCERNS FROM THE COMMITTEE.
SO WE WILL START RIGHT OFF ARTICLE SEVEN, SECTION 7 0 1, CREATION OF DEPARTMENTS, ANYTHING FROM THE COMMUNITY, ANYTHING FROM THE COMMISSION.
ANYTHING ON SEVEN AT ALL? NOTHING.
UH, ANYTHING FROM THE COMMITTEE ON 7 0 2? UH, 7 0 3.
DEPARTMENT DIRECTORS, ANYTHING? OKAY.
DEPARTMENT OF LAW AS I STARE AT HER AT THE END.
DEPARTMENT OF FINANCE, DEPARTMENT OF PUBLIC SAFETY.
MR. RUSSELL, LOOKING RIGHT AT YOU, ANYTHING? NO.
7 0 8 DEPARTMENT OF PUBLIC SERVICE.
SO THERE IS A, A PART IN THERE WHERE IT TALKS ABOUT THE, UM, DIRECTOR OF PUBLIC SERVICE IS ALSO RESPONSIBLE FOR ENFORCEMENT OF ALL THE LAWS AND ORDINANCE AND RESOLUTIONS RELATED TO ZONING.
UM, I WOULD LIKE TO PROPOSE THAT THE DIRECTOR WOULD NOT BE PERMITTED TO WRITE LETTERS TO ANY CURRENT BUSINESS, FUTURE BUSINESS OR ANYTHING RELATED TO ZONING WITHOUT LEGAL REVIEW.
I KNOW I'M GETTING STARES FROM MY PEERS.
I WILL GIVE THE EXAMPLE THAT THERE WAS A STORAGE FACILITY THAT WAS PUT IN MIXED USE SPACE THAT IS 40 FEET FROM OUR PLAYGROUND AND OUR ENTIRE HOA FOUGHT IT.
AND WE WENT TO THE PLANNING COMMISSION, WE WENT TO COUNCIL.
UM, AND MAGICALLY THE DEVELOPER PRODUCED A LETTER THAT WAS WRITTEN BY THE
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DIRECTOR OF PUBLIC SERVICE AT THE TIME, STATING THAT A STORAGE FACILITY COULD BE USED FOR MIXED BASE USE.AND THE CITY DECIDED NOT TO FIGHT THAT IN COURT.
AND SO I'M ASKING IF MAYBE THIS DIRECTOR OR ALL OF THEM SHOULD NOT BE ALLOWED TO WRITE LETTERS THAT COULD BE INTENDED AS A LEGAL BINDING DOCUMENT WITHOUT SOMEONE FROM THE LEGAL DEPARTMENT REVIEWING IT FIRST.
UH, THIS WAS WRITTEN LIKE 15 PLUS YEARS AGO.
I REMEMBER, REMEMBER RICK, DO YOU WANT TO TAKE THAT OR DO YOU WANT ME TO RESPOND TO IT? SO I, I'M NOT OPPOSED TO ANY ADDITIONAL REVIEW GOING FORWARD, UM, WHEN IT COMES TO ZONING APPROVALS.
UM, BUT I, I'M OPEN TO THE COMMITTEE.
I WAS JUST THINKING THAT MAYBE THAT'S SOMETHING THAT WOULD BE UNDER THE DIRECTION OF LIKE ESTABLISHING A PROCESS OR ADMINISTRATIVE REVIEW UNDER THE CITY MANAGER VERSUS, UH, A CHARTER AMENDMENT.
IT SEEMS MORE PROCEDURAL THAN, UM, LEGISLATIVE.
BUT, UM, I DON'T KNOW WHAT EVERYBODY ELSE THINKS.
WHAT I CAN DO IS I CAN GO BACK, UH, LOOK AT SOME CHARTERS AND SEE WHAT WE HAVE, UM, BECAUSE I DO UNDERSTAND YOUR CONCERNS, SO I DO TOO.
I, I CAN BRING BACK SOME INFORMATION FOR US.
CAN WE ADD THAT AS AN ACTION ITEM FOR YEP.
SINCE SIX 12 SEEMS TO BE BOGG DOWN, GETTING FULL.
THAT GIVES HIM A LITTLE BIT OF TIME TO REVIEW OTHER CHARGES.
NO, I,
THE DIRECTORS ARE, UH, SO I AM THE DIRECTOR OF PUBLIC SAFETY, AND BRIAN WILL BE THE DIRECTOR OF PUBLIC SERVICE.
UH, AS WE GROW, I THINK THESE DEPARTMENTS COULD BECOME, UM, DIRECTORS OF THEIR OWN, BUT GIVEN OUR SIZE, I, I I THINK WE'RE GOOD WITH HAVING MYSELF AND THE CITY MANAGER OVERSEE THEM AT THIS POINT.
I, I, SO YEAH, THE DIRECT, THERE'S SOME POSITIONS THAT ARE REQUIRED UNDER THE CHARTER, LIKE DIRECTOR OF PUBLIC SERVICE AND DIRECTOR OF PUBLIC SAFETY, WHERE THEY'RE DUAL ROLES.
LIKE ONE PERSON HOLDS ANOTHER TITLE, BUT THEY'RE ALSO ONE OF THE DIRECTORS.
SO DIRECTOR OF PUBLIC SERVICE WOULD BE AN OVERSIGHT OF LIKE, ENGINEERING PUBLIC WORKS.
EVERYBODY OKAY TO ADD THAT AS A TOPIC FOR 6 25? YEP.
ANYTHING ELSE FROM ARTICLE SEVEN? OKAY.
THEN WE WILL MOVE INTO ARTICLE EIGHT.
UM, MR. SCHAFER, DO YOU HAVE ANYTHING FROM ARTICLE EIGHT? SO WE'RE GOOD TO PROCEED THROUGH.
UM, SO, UH, SECTION 8.01, MERIT SYSTEM ESTABLISHED.
MERIT AND PERSONNEL SYSTEMS? 8 0 4.
8 0 6 GENERAL LAWS AND APPLICABLE.
SOUNDS LIKE ARTICLE EIGHT IS GOOD TO GO.
SO LAST NEW ARTICLE OF THE NIGHT, ARTICLE NINE.
MR. SCHAFER, WILL YOU HAVE ANYTHING FROM ARTICLE NINE? I DON'T THINK SO.
IF YOU CHANGE YOUR MIND, JUST JUMP IN, LET ME KNOW.
UM, SO ARTICLE NINE BOARDS AND COMMISSIONS, UH, SECTION 9 0 1, CREATION OF BOARDS AND COMMISSIONS.
APPOINTMENT OF MEMBERS TO, OF BOARDS AND COMMISSIONS.
SO JUST FOR INFORMATIONAL PURPOSES FOR THE COMMISSION, UM, THERE ARE CERTAIN BOARDS AND COMMISSIONS THAT ARE SPECIFIED IN THE CITY CHARTER THAT ARE LISTED HERE IN SECTION
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9 0 1 THAT ARE REQUIRED OF BOARDS AND COMMISSIONS THAT HAVE TO EXIST.AND THEN COUNSEL HAS THE ABILITY BY ORDINANCE OR RESOLUTION TO CREATE ANY OTHER BOARDS AND COMMISSIONS.
AND SO WE HAVE A SIGNIFICANT NUMBER OF THOSE, SUCH AS THE MILITARY AND VETERANS COMMISSION, THE CULTURAL DIVERSITY COMMISSION THAT WERE CREATED BY, UH, ORDINANCE OR RESOLUTION RATHER THAN BY, UH, ESTABLISHED UNDER THE CITY CHARTER AND THIS ONE AND THIS ONE.
SO, CAN I ASK A QUESTION? UM, NO,
SO WE HAVE OUR THREE BOARDS, PLANNING, ZONING, AND APPEAL PERSONNEL APPEALS.
UM, BUT UNDER 9.06, WE HAVE PARKS AND REC.
UM, DO WE WANT TO CHART FIVE PARKS AND REC OR, MY OTHER SUGGESTION WOULD BE THAT WE DON'T, DOES THAT MAKE SENSE? I, I, I JUST, IT SEEMS WEIRD THAT IT SHOWED UP.
PARKS AND RECREATION BOARD IS CONSIDERED A CHARTER ESTABLISHED BOARD, EVEN THOUGH IT'S NOT REFERENCED IN SECTION 9 0 1.
I DON'T KNOW WHY THAT ONE WAS OMITTED.
UM, BUT IT IS A CHARTER ESTABLISHED BY THE FACT THAT IT'S 9 0 6.
AS LONG AS THE COMMISSION'S OKAY.
I, I DON'T KNOW THAT TAKING IT TO THE VOTERS FOR CLEANUP IS WORTH THE EFFORT.
AND THE EXPLANATIONS THAT, YEAH.
SO I'D LIKE TO, UM, UH, OPEN THE PROVERBIAL CANNEL WORMS HERE.
UH, THE CITY MANAGER AND I HAVE DISCUSSED, UM, THAT THERE ARE MANY MUNICIPALITIES WHERE THE, THE PLANNING COMMISSION AND THE BZA ARE ONE AND THE SAME.
UM, AND THE REASON I'M BRINGING THAT UP IS JUST TO, UH, MAYBE GET A LITTLE DISCUSSION, ESPECIALLY SINCE WE HAVE A BZA MEMBER HERE, BECAUSE, UM, UH, AS MANY OF YOU MAY BE AWARE, WE'RE HAVING A HARD TIME FINDING VOLUNTEERS TO FILL OUR BOARDS AND COMMISSIONS.
AND, UH, SO I, I'D LIKE TO AT LEAST DISCUSS, UH, THE ADVANTAGES, DISADVANTAGES TO, UH, COMBINING THE PLANNING COMMISSION AND THE BZA INTO ONE BODY.
UH, AND HOPEFULLY OUR CITY MANAGER CAN GIMME A LITTLE MORE INSIGHT INTO HOW THAT'S WORKED IN THE YEAH.
UH, SO I'VE HAD THIS DISCUSSION WITH, UH, SOME PLANNERS.
UM, AARON RELL, YOU KNOW, IS OUR CITY PLANNER.
HE'S HAS GOOD FRIENDS, UM, IN COLUMBUS.
UM, I USED TO WORK FOR A SMALLER MUNICIPALITY, AND THERE WAS A RECOMMENDATION AT ONE POINT TO COMBINE THOSE COMMISSIONS.
UM, AARON DIDN'T RECOMMEND IT HERE, BUT I THINK IT'S AT LEAST WORTH DISCUSSION.
UM, BOARD OF ZONING APPEALS AND PLANNING COMMISSION, UM, SURVEY SERVE A DIFFERENT BUT SIMILAR ROLE.
AND SO I GUESS I WOULD LOVE TO HEAR FROM OUR COMMUNITY AND, UM, COUNCIL MEMBERS ABOUT WHETHER WE WANT ONE BOARD FOR BOTH OR TO KEEP HIM SEPARATE.
THAT'S KIND OF WHERE I THINK MR. WESCOMB.
WHAT DOES, WOULD IT STREAMLINE ANYTHING AS IT, AS IT, AS IT PERTAINS TO, OBVIOUSLY I THINK IT WOULD STREAMLINE THINGS, BUT FOR, FOR DISCUSSION PURPOSES.
SO, SO, YOU KNOW, UNFAIR ADVANTAGE, 'CAUSE I'M THE ONLY ONE HERE FROM ANYBODY.
SO, SO I THINK THEY BOTH SERVE DIFFERENT PURPOSES.
I DON'T THINK THERE WOULD BE ANY LESS CASES OR ANY LESS MEETINGS.
UM, AND THOSE TWO BOARDS, AT LEAST IT APPEARS TO ME OVER THE TIME THAT I'VE BEEN WATCHING, ARE THE ONES THAT DON'T HAVE A GREAT DIFFICULTY FILLING POSITIONS.
UM, WE HAD A VACANCY, I THINK FOR TWO MONTHS ON THE BCA RECENTLY, UH, AND IT WAS FILLED.
UM, BUT WE, I DON'T THINK WE'VE HAD EXTENSIVE YEAH.
THAT, THAT WAS GONNA BE MY COMMENT
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AS WELL.THOSE ARE TWO THAT WE DON'T TYPICALLY HAVE TROUBLE ATTRACTING FOR IT.
IT'S MORE THE, UH, COUNCIL ESTABLISHED BOARD AND COMMISSIONS THAT WE HAVE.
I THINK THE BEAUTY OF THE BZA IS THAT IT'S GENERALLY I'LL, I'LL SAY OR LAY, UM, CITIZENS WHO ARE LOOKING AT STUFF AND SAYING, DOES THIS MAKE SENSE FOR YOUR CASE? KIND OF PUTTING A COMMUNITY STANDARD ON IT, YOU KNOW, IS IT OKAY TO PUT A SHED IN YOUR BACKYARD OR WHEN YOUR BACKYARD HAS GOT BOTH A SIDE YARD AND A BACKYARD KIND OF THING? 'CAUSE YOU'RE ON A COURT A LOT.
UM, AND THAT'S DIFFERENT, I THINK, THAN THE PLANNING COMMISSION THAT REALLY HAS TO LOOK AT WHAT ARE ALL THE PLANNING COMMISSIONS OR, OR ALL THE, THE ORDINANCES THAT ARE LAID OUT AND SAY, YOU KNOW, ARE YOU STAYING WITHIN ALL THE ORDINANCES? THEN YOU, AND IT'S MORE PRESCRIPTIVE, I THINK SO, UM, I JUST THINK THEY HAVE A LITTLE BIT DIFFERENT FLAVOR.
AND I DON'T, I, I'D BE WORRIED ABOUT LOSING THAT DIFFERENT FLAVOR.
AND HAVING SERVED ON THE BGA FOR FIVE YEARS, UM, I THINK THAT THE BCA DEALS WITH EXCEPTIONS, WHEREAS THE PLANNING COMMISSION DEALS WITH JUST THAT WITH PLANNING.
BUT THE, THE PART THAT REALLY CONCERNS ME IS THAT THE BGA HAS LEGISLATIVE, IF YOU WOULD SAY, POWER, THAT THE PLANNING QUASI-JUDICIAL, QUASI JUDICIAL, QUASI QUASI JUDICIAL, AND YOU CAN'T GIVE THAT TO THE PLANNING COMMISSION.
SO THIS IS ACTUALLY SOMETHING I BROUGHT UP TO MR. WEBB BECAUSE IT HAD COME UP IN PREVIOUS DISCUSSIONS, PREVIOUS EMPLOYMENT.
UM, AND YES, IT DID REVOLVE A LOT AROUND WHETHER WE COULD ATTRACT, UM, VOLUNTEERS.
SO, UH, I VERY MUCH BELIEVE IF, IF THERE'S A VERY DIFFERENT ROLE BETWEEN THE TWO, I'M FINE KEEPING IT THE WAY IT IS IF MR. WEBB IS YEAH.
AND, UM, UH, THE, UM, QUESTION YOU BROUGHT FORTH AS TO THE SIZE OF THE COMMUNITY THAT, UH, WE WERE TALKING ABOUT, I WAS WONDERING IF THAT HAD ANY BEARING ON, UM, HERE IN HUBER HEIGHTS.
SO THE, THE SAME PERSON WHO KIND OF RECOMMENDED A COMBINATION OF THOSE BOARDS IN A SMALLER COMMUNITY ALSO ADVISED AARON, UM, THAT WE'RE LARGE ENOUGH THAT WE HAVE THE VOLUNTEERISM TO ATTRACT, UH, SEPARATE BOARDS.
SO I, I WOULD BE COMFORTABLE IF YOU ARE MR. WEBB, UM, KEEPING THOSE AS SEPARATE BOARDS AND COMMISSIONS.
I WOULD, BUT THANK YOU FOR THE DISCUSSION.
I, I ACTUALLY, I DO APPRECIATE IT VERY MUCH.
DID WE, UM, I KNOW WE WERE HAVING A DISCUSSION.
DID WE SKIP OVER 9.03? WE HAVE NOT YET.
SO ANYTHING FURTHER WITH 9.02.
THEN I'M GONNA GO RIGHT TO YOU, 9.03.
YEAH, I, I JUST, I HAD A QUESTION, AND FORGIVE ME FOR NOT BEING A SUBJECT MATTER EXPERT.
UM, BUT WHEN IT COMES TO BOARDS AND COMMISSIONS, THOSE THAT AREN'T SPELLED OUT IN THE CHARTER, I'M JUST CURIOUS, DO THEY HAVE DEFINED GOALS? IS THERE ACCOUNTABILITY? DO THEY HAVE TO REPORT BACK TO COUNCIL ON A QUARTERLY BASIS? DO ANY OF THEM HAVE A BUDGET THAT THEY CONTROL THAT WOULD BE INFLUENCING WHAT TAXPAYER DOLLARS ARE DOING? I'M JUST CURIOUS.
SO, UM, ALL, ALL OF THESE, UM, CONDITIONS OR RULES, GENERAL RULES THAT ARE LISTED HERE FOR THE CHARTER BOARDS AND COMMISSIONS ARE APPLIED TO ALL OF THE BOARDS OF COMMISSIONS.
SO THERE'S NO DIFFERENCE WITH THAT.
UM, SOME OF THE BOARDS OF COMMISSIONS DO HAVE BUDGETS, UH, FOR THEIR ACTIVITIES.
HOWEVER, THEY'RE ONLY ADVISORY IN NATURE.
SO THEY'RE NOT THE BODY THAT'S APPROVING THE AUTHORIZATION OF THOSE EXPENDITURES.
SO THEY WOULD MAKE A RECOMMENDATION TO THE CITY COUNCIL, OR TO THE CITY STAFF TO EXPEND FUNDS FOR, FOR A SPECIFIC PURPOSE.
AND THEN ADMINISTRATIVELY, THE CITY STAFF WOULD, UH, YOU KNOW, OBTAIN THE NECESSARY AUTHORIZATIONS AND PURCHASE ORDERS AND STUFF LIKE THAT, UH, TO EXPEND THE FUNDS.
SO THERE'S A CHECK AND BALANCE ON THAT.
I THINK THE LONG STORY IS COUNCIL GETS TO DECIDE ONE WAY OR THE OTHER, WHICH I THINK IS GOOD.
UH, ONE, UH, ON BOARD AND COMMISSION FEEDBACK, UH, THIS COUNCIL HAS, UH,
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FOR HOW LONG HAS IT BEEN NOW, TONY, THAT WE'VE HAD? THIS IS OUR SECOND YEAR.SO WE'RE NOW IN OUR SECOND YEAR OF HAVING BOARDS AND COMMISSIONS COME AND PRESENT BEFORE COUNCIL, UM, WHAT THEY'VE BEEN UP TO AND GIVING US AN IDEA OF, UH, WHAT'S GONNA HAPPEN, UH, IN THE COMING WEEKS, MONTHS, YEARS.
THE SECOND THING IS, UM, NOT UNLIKE THE RULES OF COUNCIL, EACH BOARD AND COMMISSION HAS A BOARD AND COMMISSION HANDBOOK THAT'S, UH, PROVIDED TO THEM BY TONY ROGERS.
AND TONY GOES OVER THE BOARD AND COMMISSION HANDBOOK WITH THEM.
TONY, CAN THE BOARD AND COMMISSION HANDBOOK BE UPDATED, UM, MORE EASILY, UH, LIKE THE RULES OF COUNSEL? CAN IT BE UPDATED TO REFLECT, UM, IF THERE'S SOMETHING HERE WE'D LIKE TO SEE IN FRONT? YEAH.
THE, THE, UH, IT COULD BE UPDATED ANY TIME IT'S DONE BY RESOLUTION, UH, APPROVING THE CHANGE BY COUNSEL.
UM, SO, UM, YOU KNOW, COUNSEL HAS TO APPROVE THOSE REVISIONS.
IN FACT, I'M IN THE PROCESS RIGHT NOW OF DOING A REWRITE, UM, THAT WE HOPE TO HAVE BY SUMMERTIME, UH, THAT WOULD PROPOSE A NUMBER OF CHANGES, BECAUSE WHEN THIS, UH, HANDBOOK WAS LAST INTRODUCED, ORIGINALLY WHEN I WROTE IT, IT, IT WAS 2017.
UM, SO, YOU KNOW, A FEW YEARS HAVE PASSED AND THERE'S SOME THINGS THAT HAVE BEEN UPDATED.
WE'VE ADDED TWO, UH, COMMISSIONS TO THE ROSTER SINCE, UH, THE HANDBOOK WAS CREATED.
SO, UH, WE'VE SOLICITED INPUT FROM, UM, THE STAFF LIAISONS TO THE VARIOUS BOARDS AND COMMISSIONS AND OTHER INDIVIDUALS.
AND, UH, THAT'LL, THAT DRAFT WILL BE COMING BEFORE COUNSEL IN THE NEXT FEW MONTHS.
AND THEN I HAD ONE MORE QUESTION ON THAT.
ARE ALL OF THE CHAIRS FOR COMMISSIONS AND BOARDS, ARE THEY OBLIGATED TO TALK TO EACH OTHER? UM, NO, UH, THERE'S NO OBLIGATION TO DO THAT.
UM, ONE OF THE IDEAS THAT WE'VE HAD RECENTLY, JUST BECAUSE SOMETIMES THERE'S ACTIVITIES THAT OVERLAP A LOT OF DIFFERENT BOARDS, LIKE TAKE FOR INSTANCE, THE STAR SPANKED HEIGHTS, UM, WITH THE PARADE AND THE FIREWORKS, YOU KNOW, YOU HAVE PARKS AND RACKET, BALL ARTS AND BEAUTIFICATION, AND, UM, SOME OF THE OTHERS, UH, THAT THEY HAVE LIKE A COMMITTEE THAT MEETS TO PLAN THAT EVENT.
AND THERE'S REPRESENTATIVES OF THOSE DIFFERENT PEOPLE OR DIFFERENT GROUPS, UH, THERE.
BUT, UM, THERE'S NO FORMAL MECHANISM.
SO, UM, ONE OF THE THINGS THAT WE'VE PROPOSED AND WILL LIKELY BE INCLUDED IN THE HANDBOOK, WOULD BE SOME, UM, REGULAR MEETINGS, UH, BETWEEN THE CHAIRS OF ALL THE BOARDS AND COMMISSIONS TO, UH, DISCUSS ITEMS OF COMMON INTEREST.
AND THEN ALSO REGULAR MEETINGS BETWEEN THE, UH, STAFF LIAISONS THAT WORK WITH EACH OF THE BOARDS AND COMMISSIONS TO, UH, YOU KNOW, JUST WORK ON AREAS OF COMMON INTEREST.
OR IF THEY'RE SEEING SOMETHING THAT, YOU KNOW, ONE SIDE SEEING AND THAT SOMEONE ELSE IS DEALING WITH THE SAME SITUATION, IT MIGHT PROVIDE SOME SUPPORT, UM, AS WE DID WHEN WE INTRODUCED THE, THE HANDBOOK ORIGINALLY.
UH, WE'LL ALSO BE HAVING TRAINING SESSIONS FOR ALL THE MEMBERS OF THE BOARDS AND COMMISSIONS EXISTING, UM, ON, ON THE NEW HANDBOOK AS WELL, ONCE THAT'S APPROVED BY COUNCIL.
YEAH, I THINK THAT WOULD BE GREAT.
AND FROM A A CITIZEN PERSPECTIVE, IT ALSO FEELS VERY SILOED.
SO I, I CAN APPRECIATE HAVING THEM COLLABORATE A, A WHOLE LOT MORE.
AND I THINK, UH, THAT WAS ONE OF THE REASONS THAT, UM, COUNSEL WANTED TO INTRODUCE THE CONCEPT OF HAVING THEM TO COME AND PROVIDE THE UPDATES.
SO LIKE, EVERYONE'S HEARING WHAT THEY'RE DOING, AND IT'S NOT JUST KIND OF THIS COMMISSION'S OFF ACTING ON ITS OWN WITHOUT, UM, SOME AWARENESS OR OVERSIGHT OF, OF THEIR IDENTITIES.
ANYTHING ELSE FROM SECTION 9 0 3? OKAY.
HEARING NOTHING WILL MOVE TO 9 0 5 BOARD OF ZONING APPEALS 9 0 6 BOARD OF PARKS AND RECREATION.
YES, MS. BURCH, UM, WELL, THESE ARE ALL, NEVERMIND BECAUSE THESE ARE ALL CHARTER ESTABLISHED, CORRECT? RIGHT.
UH, 9.07 REMOVAL OF BORDER COMMISSION NUMBER MEMBER.
SO, READING THROUGH THE LANGUAGE, AND, YOU KNOW, MY HR BACKGROUND KIND OF, UH, WINCED A LITTLE BIT WHEN THEY TALK ABOUT, UM, REASONS FOR REMOVAL OF A BOARD MEMBER OR COMMISSION MEMBER, IT JUST FEELS VERY VAGUE.
AND WHILE I CAN APPRECIATE THAT, WE WOULDN'T WANNA TAKE THIS
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TO A VOTE, I'M JUST CURIOUS IF THERE IS ANY MORE CONTEXT TO THAT IN A KIND OF A PROCEDURAL, AND I'M GUESSING THIS, UM, IT MIGHT BE SPELLED OUT SOMEWHERE ELSE OUTSIDE OF THE CHARTER, BUT I'M JUST CURIOUS WHAT THAT LOOKS LIKE IF SOMEONE WANTS TO REMOVE A BOARD MEMBER OR A COMMISSION MEMBER.THAT WORDING THAT'S LISTED THERE, IT'S JUST REALLY BIG.
WHAT DOES THAT PROCESS LOOK LIKE? DO THEY NEED TO HAVE A REASON? AND AGAIN, YOU KNOW, IF WE'RE GOING BACK TO THE WHOLE, IT'S VOTED ON BY COUNCIL, MAKING SURE THAT COUNCIL IS THERE
WE HAVEN'T DONE A LOT OF REMOVALS OF BOARDS AND COMMISSIONS.
UM, TYPICALLY WHEN WE'VE HAD SOME ISSUES, UM, YOU KNOW, MAYBE SOMETIMES IN A CONVERSATION WITH THAT PERSON, THEY VOLUNTARILY RESIGN FROM THE POSITION.
SOMETIMES, UM, IT DOES STATE HERE THAT THE REASONS HAVE TO BE PROVIDED IN WRITING.
SO, UM, THE, THE BEST I COULD GIVE YOU REALLY IS THAT THE BOARD AND COMMISSION HANDBOOK GOES INTO GREATER DETAIL ON WHAT THE EXPECTATIONS ARE FOR MEMBERS OF THESE, UH, UNITS.
AND SO THERE'S A CODE OF ETHICS IN THE BOARD OF, OF, UH, OR IN THE BOARD COMMISSION HANDBOOK, AND THEY SIGN A STATEMENT AGREEING TO ADHERE TO THAT CODE OF ETHICS AS PART OF THE VOLUNTEER EXPERIENCE.
AND, UM, SO, YOU KNOW, IF THERE WAS AN ISSUE WITH SOMEONE'S, UH, VIOLATION OF THE PROCEDURES THAT ARE OUTLINED IN THE HANDBOOK OR THE CODE OF ETHICS, THOSE WOULD GENERALLY BE THE REASONS THAT WOULD BE GROUNDS.
UM, ALONG WITH LACK OF QUALIFICATIONS.
IF THE PERSON'S NO LONGER LIVING IN THE CITY MM-HMM,
SO, UM, I THINK MAYBE A LONG TIME AGO WE HAD SOMEONE WHO MOVED, BUT THEY DIDN'T WANNA RESIGN, AND THEY MADE US GO THROUGH THE PROCESS OF REMOVING THEM.
UM, BUT THAT WAS SET IN THE CHARTER.
IT WASN'T REALLY A DISCRETIONARY TYPE OF THING.
UM, THE ONLY THING I WOULD MAYBE ASK THE COMMISSION TO CONSIDER, AND I KNOW THAT, UH, WE'VE HAD SOME DISCUSSION OF THIS WITH COUNCIL AT DIFFERENT POINTS, IS MAYBE, UH, UH, A DIFFERENT NUMBER OF VOTES REQUIRED TO REMOVE, UH, UH, A MEMBER FROM A BOARD OF COMMISSION.
UM, IT'S CURRENTLY SIX, WHICH IS UNDER, AS WE'VE DISCUSSED IN THE OTHER THINGS THAT, UH, GET VOTED ON.
UH, SO IT'S A HIGHER THRESHOLD.
IT'S, THEY'RE NOT EMPLOYEES, NOR ARE THEY, UH, ELECTED OFFICIALS.
AND REALLY THE THRESHOLD THAT'S SPELLED OUT HERE IN SECTION 9 0 7 IS ALMOST THE SAME THRESHOLD FOR REMOVING A SITTING ELECTED COUNCIL MEMBER.
SO I DON'T KNOW IF THOSE TWO POSITIONS, YOU KNOW, ARE, ARE QUAL FOOTING IN TERMS OF, UM, HOW EASY OR HOW DIFFICULT IT SHOULD BE TO, TO REMOVE ONE OF THOSE MEMBERS.
UM, IT COULDN'T BE LOWER THAN FIVE BECAUSE THAT'S OUR THRESHOLD FOR ANYTHING TO BE APPROVED WITH FIVE AFFIRMATIVE VOTES.
UM, BUT, UM, THAT MIGHT BE SOMETHING TO CONSIDER IS WHETHER THAT SHOULD BE LOWERED FROM SIX TO FIVE.
UH, SIMPLE MAJORITY SHOULD TAKE THE, THE CAKE ON A COM ON A COMMISSION MEMBER.
UM, AND TO BE CLEAR, I WAS SUGGESTING JUST FOR, THAT'S NOT FOR THE ELECTION.
RIGHT, RIGHT, RIGHT, RIGHT, RIGHT.
I I WOULD BE OKAY WITH A SIMPLE MAJORITY, BUT YEAH.
WITH, WITH REGARDS TO THAT, I WOULD JUST SUGGEST THAT, UH, THINK ABOUT IT FROM A PUBLIC STANDPOINT OF HAVING THE SAME CRITERIA FOR BOTH ELECTED OFFICIALS IN THE PUBLIC SO THAT THERE IS AN EQUALITY ASSOCIATED WITH THIS AND NOT A DIFFERENT STANDARD BY WHICH PEOPLE ARE HELD ACCOUNTABLE.
AND THE ONLY OTHER POINT I WOULD MAKE IS THAT IT ONLY TAKES FIVE VOTES TO APPOINT SOMEONE TO AVOID A COMMISSION MY MOTION.
LIKE FOR INSTANCE, IF COUNCIL PASSES A RESOLUTION, UH, BY FIVE VOTES, UH, THEY CAN ALSO AMEND OR RESEND THAT RESOLUTION BY FIVE VOTES.
SO BASICALLY UNDOING THE ACTION.
UM, IT WOULD SEEM TO ME THAT IT WOULD BE APPROPRIATE TO HAVE THAT SAME ABILITY WITH, UH, THE APPOINTMENT OF BOARD COMMISSION MEMBERS.
WHAT DID WE AMEND LAST TIME IN THIS SECTION? DO YOU REMEMBER? YOU KNOW, I WAS THINKING THAT WHEN WE WERE LEADING UP TO THIS, BUT I JUST CAN'T REMEMBER BECAUSE I REMEMBER SOMETHING FROM LAST TIME.
BUT I, WAS IT, I THINK IT WAS IT NOTIFICATION I TO BE ABOUT, UH, THAT IT MADE
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THE PROCESS OF LIKE, I THINK BEFORE IT SPELLED OUT A HEARING PROCESS.UM, THIS DOES SAY THEY HAVE THE RIGHT TO BE HEARD BEFORE COUNSEL, BUT I THINK IT REMOVED A FORMAL HEARING.
REMOVED A FORMAL HEARING FOR REMOVAL.
I KNEW WE HAD SOMETHING THAT, THAT'S THE BEST OF MY RECOLLECTION.
I COULD LOOK THAT UP FOR NEXT TIME TO THAT'S OKAY.
ONE SPECIFIC CLARIFICATION, MR. WEBB.
WELL, I, I'D ONLY POINT OUT IT'S NOT A SIMPLE, UM, FIVE VOTES OF COUNCIL OR SIX VOTES OF COUNCIL TO REMOVE SOMEONE.
THERE'S, UH, FOUR, UM, STATED REASONS FOR REMOVAL.
SO A, UM, COMMISSION MEMBER OR BOARD MEMBER WHO IS UP FOR REMOVAL WOULD HAVE TO BE FOUND IN VIOLATION OF ONE OF THOSE FOUR STATED REASONS.
I KNOW UNDER QUALIFICATIONS, THERE'S A LENGTHY LIST OF QUALIFICATIONS, BUT, UM, IN THE EXAMPLE TONY GAVE, UH, A PERSON MOVES OUT OF THE CITY, BUT FEELS THEY HAVE THE RIGHT TO REMAIN ON THE BOARD.
I DON'T KNOW THAT WE, IT SHOULD TAKE A SUPER MAJORITY TO REMOVE THAT PERSON WHEN OBVIOUSLY THEY DON'T QUALIFY.
UM, WELL, YOU SHOULDN'T HAVE TO AT THAT POINT.
I MEAN, THEY KNOW THEY'RE NOT QUALIFIED, SO IT TAKES AN AFFIRMATIVE VOTE OF SIX MEMBERS TO REMOVE A BOARD COMMISSION NUMBER.
SO I, I, I THINK THAT REDUCING FIVE MAKES SENSE.
ANY OTHER OPINIONS? YEAH, I MEAN, I, I'M NOT SAYING WE LOWER THE THRESHOLD OF ACCOUNTABILITY FOR THEM, BUT IF IT TAKES FIVE TO VOTE THEM IN, I THINK FIVE TO VOTE THEM OUT.
AND THAT WOULD BE THE SAME WITH, UH, EMPLOYEES.
LIKE I'M AN APPOINTED POSITION, UH, FIVE MEMBERS OF COUNCIL ARE REQUIRED TO APPOINT ME.
IT ALSO TAKES FIVE TO REMOVE ME.
SO WE'VE COME CLOSE, BUT NOT
SO IT'S, IT, IT'S THE, YOU KNOW, UH RIGHT.
IT, IT'S JUST BEING CONSISTENT WITH THE STANDARD IS, IS APPLIED.
ANYONE OPPOSED TO PUTTING THIS ON THE JUNE 25TH ACTION ITEMS WITH LANGUAGE? ALTHOUGH IT'D BE PRETTY SIMPLE, I THINK JUST TO, WE CAN DO THAT PRETTY QUICK.
WE COULD, YEAH, WE COULD DO THAT BY THE, WE COULD DO IT BY THE JUNE, UH, 25TH MEETING, OR THE, THE 12TH.
ANYTHING ELSE FROM SECTION NINE? 'CAUSE I BELIEVE 9 0 7 WAS THE LAST ONE.
SO WE HAVE DONE THE NEW CHARTER REVIEW.
UH, SO WE ARE NOW TO ACTION ITEMS. UH, SO GOING TO OUR ACTION ITEM SPREAD LIST, SPREADSHEET, UM, ALL THE THINGS FOR SIX 12, WE JUST SKIP OVER.
AND UNLESS THE COMMISSION WANTS TO, I, I MEAN, THERE'S PROBABLY, UH, NO REASON TO REVIEW THE ONES THAT HAVE BEEN CLOSED BECAUSE THE ACTION WAS COMPLETED FROM THE LAST TIME, OR THE ONES THAT WE'RE NOT GOING TO DISCUSS UNTIL, UM, THE JUNE 12TH MEETING.
AND UNLESS SOMEBODY HAS SOME ADDITIONAL COMMENTARY THAT THEY WANNA MAKE ON ANY OF THOSE ITEMS, BUT OKAY.
I THINK, YOU KNOW, WE'RE, WE'LL SAVE COMMENTARY FOR AFTER OKAY.
IF THERE'S SOMETHING ON THERE.
AND THAT WAY WE CAN GET THROUGH TODAY'S YEAH.
WE'RE LARGELY PREPARED TO HIT THE ONES FOR TODAY, UM, THAT ARE SCHEDULED FOR TODAY.
SO IF YOU GO TO PAGE TWO OF YOUR ACTION ITEMS, UM, THEY ARE MARKED IN YELLOW.
SO, UH, VERY FIRST ONE, I, I DON'T THINK THEY GOT THE CODED COLOR.
THEY DIDN'T GET THE COLOR CODED ONE.
UM, AND I GUESS I'LL JUST GO WITH THE LAST THREE NUMBERS.
OH OH EIGHT, UH, PROVIDED PROPOSAL FOR AMENDMENTS TO ARTICLE FOUR, SECTION FOUR 10 COMPENSATION.
SO, UM, I WAS THE ONE THAT BROUGHT THIS ITEM UP, UH, PREVIOUSLY AND, UH, STARTED DOING SOME RESEARCH INTO IT.
AND JUST TO REFRESH EVERYBODY'S MEMORY, THE, THE DISCUSSION WAS ABOUT THAT COUNCIL HAS A FIXED COMPENSATION AND THE CHARTER ONLY ALLOWS, UH, CHANGES TO THAT COMPENSATION BY A VOTE OF COUNCIL, UH, IN AN ELECTION YEAR BETWEEN JANUARY 1ST AND JUNE 1ST.
UM, THAT'S THE ONLY TIME THAT CAN BE DONE SO ODD NUMBERED YEARS.
UM, AND SO WE WENT FOR A VERY LONG PERIOD OF TIME WITH COUNSEL'S SALARY NOT BEING ADJUSTED.
[00:35:01]
UM, BACK IN 2000, I WANNA SAY 18, I THINK, OR 19, IT, IT WOULD HAD TO BEEN 19 'CAUSE IT'S NOT A NUMBERED YEAR.UM, FINALLY WAS ADJUSTED AFTER, UM, NEARLY 30 YEARS, UM, TO REFLECT SOME CHANGES.
UM, IT WENT FROM A WHOLE, UH, $300 A MONTH FOR, UH, SERVING ON COUNCIL, UH, TO, UH, 6 75 A MONTH.
UM, BUT THAT THE 300 HAD BASICALLY BEEN IN PLACE SINCE ALMOST THE BEGINNING OF THE, THE CITY'S HISTORY.
SO, UH, THE OTHER PIECE TO THIS IS THAT, UM, COUNCIL, UH, MEMBERS AND THE MAYOR ARE, UH, COVERED UNDER PERS, WHICH IS THE RETIREMENT SYSTEM, JUST LIKE EMPLOYEES ARE.
SO IT USED TO BE UNDER PERS THAT YOU GOT ONE YEAR OF SERVICE CREDIT FOR ONE YEAR OF SERVICE IN AN ELECTED OFFICIAL'S POSITION, NO MATTER HOW MUCH YOU GOT PAID.
BUT, UM, A NUMBER OF YEARS AGO, OPRAHS CHANGED THAT.
AND, UM, THEY HAVE NOW WHAT'S CALLED A MINIMUM, MINIMUM EARN NABLE SALARY, WHICH MEANS THAT IF A COUNCIL MEMBER OR AN ELECTED FISH OFFICIAL IS NOT PAID THAT MINIMUM SALARY, THEN THEIR SERVICE CREDIT UNDER THE PENSION SYSTEM WITH UPPERS IS PRORATED TO, UH, IT'S BASICALLY TAKING THE SALARY AND DIVIDING IT BY WHAT THE MINIMUM EARN NABLE SALARY IS.
UH, SO THE, THE NET EFFECT HAS BEEN THAT COUNSEL HAS NOT KEPT UP WITH THAT MINIMUM EARN NABLE SALARY.
AND SO AS A RESULT, THEY'RE, UM, GETTING A PRORATED AMOUNT OF SERVICE CREDIT INSTEAD OF FULL YEAR SERVICE CREDIT LIKE THEY USED AGAIN.
SO IT GETS ADJUSTED EACH YEAR BASED ON INFLATION.
UM, CURRENTLY FOR 2024, UM, THE MINIMUM EARN NABLE SALARY, UM, IS $721 AND 44 CENTS A MONTH.
SO SLIGHTLY LESS OR SLIGHTLY ABOVE WHAT COUNCIL'S BEING PAID THAT CURRENTLY THE MAYOR'S POSITION'S NOT AN ISSUE BECAUSE, UH, THE MAYOR'S PAID AT A HIGHER RATE THAN THE COUNCIL MEMBERS ARE.
UH, BUT WE'D ALSO WANT TO KEEP THAT DIVISION OR THE SEPARATION, UH, YOU KNOW, CONSISTENT, UM, IF WE WERE TO ROUTINELY INCREASE, UH, COUNCIL SALARIES.
SO, UM, WE HAD TALKED ABOUT POSSIBLY HAVING A CHARTER AMENDMENT THAT WOULD, UH, PROVIDE FOR THOSE, UH, ADJUSTMENTS BASED ON COST OF LIVING AND THE MINIMUM EARN NABLE SALARY.
UH, BUT I CONTACTED A BUNCH OF MY COLLEAGUES ACROSS THE STATE AND ASKED FOR, UH, SOME SUGGESTIONS ABOUT HOW THEY'VE DONE IT AND GOT A LOT OF FEEDBACK, UM, ABOUT THIS.
UM, AND WHAT SEEMS TO BE THE MOST COMMON WAY IS THAT, UM, THEY DON'T CHANGE THEIR CHARTER.
THEY, THEY CHANGED THE COMPENSATION BY, UH, ORDINANCE OR RESOLUTION, AND I WANT TO RUN THIS BY LEGAL BEFORE WE WOULD FINALIZE IT, BUT, UH, THEY, THE COUNCIL WOULD HAVE TO ACT JUST AS THE CHARTER PRESCRIBES IN THE ELECTION YEAR, UH, BETWEEN THAT JUNE 1ST OR JANUARY 1ST AND JUNE 1ST TO MAKE A CHANGE.
IF THEY COULD PASS AN ORDINANCE THAT WOULD SAY BASICALLY THAT, UM, HERE'S ONE EXAMPLE OF SOME LANGUAGE THAT, UM, THAT'S NOT THE ONE I WANTED.
THE SALARY SH UH, SHALL AUTOMATICALLY INCREASE TO THE MINIMUM MONTHLY SALARY NECESSARY TO QUALIFY FOR A FULL MONTH CREDIT OF CONTRIBUTING SERVICE IN THE PUBLIC EMPLOYEE RETIREMENT SYSTEM ON THE EFFECTIVE DATE OF ANY INCREASE IN THE STATUTORY REQUIREMENT.
SO BASICALLY, RATHER THAN THEM HAVING TO COME BACK AND VOTE EVERY TWO YEARS TO, TO RAISE THE SALARY, THEY COULD PASS LEGISLATION ARGUABLY THAT WOULD ALLOW THAT TO BE JUST ADJUSTED TO WHATEVER THE MINIMUM, UM, SALARY IS AS ESTABLISHED BY THE RETIREMENT SYSTEM, WHICH IS VERY CLOSE TO WHERE, WHERE WE'RE AT ANYWAY.
SO IF, IF WE WENT THAT ROUTE, YOU SAID THAT EVEN THOUGH THAT WOULD BE LIKE A ONE TIME CHANGE, RIGHT? IT, IT WOULD BE A ONE TIME ORDINANCE UNTIL IT WAS RESCINDED.
BUT THE ORDINANCE HAS TO BE DONE IN LINE WITH WHAT THE PREVIOUS DIRECTIVE WAS, THAT IT HAS TO BE DONE IN AN ODD YEAR Y CORRECT.
SO, UM, AND SARAH, YOU CAN JUMP IN HERE AT ANY POINT.
I DIDN'T GET A CHANCE TO TALK TO YOU ABOUT THIS, BUT, UM, IT, IT SEEMS TO BE PRETTY COMMON THAT IT'S DONE THIS WAY IN OTHER MUNICIPALITIES.
UM, AND THAT WAY WOULD ALLOW FOR THE AUTOMATIC ADJUSTMENT,
[00:40:01]
PRESERVE THE, UH, ONE YEAR OF SERVICE CREDIT FOR THE ELECTED OFFICIALS, BUT IT DOESN'T, YOU KNOW, ALLOW FOR HUGE INCREASES THAT WOULD JUST BE TIED TO THE COST OF LIVING ADJUSTMENT THAT'S GIVEN, UH, UNDER THE RETIREMENT SYSTEM.AND IT WOULD APPLY TO ALL ACCOUNT, NOT JUST THE ONES IN THAT FOUR YEAR CYCLE AND THAT ODD YEAR CYCLE.
AND, AND THE OTHER PROVISION THAT'S IN THE CHARTER, UH, THAT EXIST AND WOULD APPLY TO THIS AS WELL, IS THAT WHEN COUNCIL, UH, VOTES TO APPROVE ANY CHANGE IN COMPENSATION, IT DOESN'T TAKE EFFECT UNTIL, UNTIL THEY'RE REELECTED TO A NEW CHAIR.
OH, WELL, THAT'S WHAT I WAS ASKING.
TO PIGGYBACK ON, TONY, IT IT'S THE BARE MINIMUM.
I MEAN, I, I THINK OUR COUNCIL IS BASICALLY A VOLUNTEER COUNCIL.
I MEAN, YOU GUYS MAKE A LITTLE BIT OF COMPENSATION WITH A LITTLE BIT OF, UM, PERS, BUT AT THE END OF THE DAY, WE'RE TRYING TO KEEP IT AT AT LEAST THAT MINIMUM IS OUR GOAL.
IF YOU FEEL A RESOLUTION IS THE BEST WAY TO GO, JUST BECAUSE IT DOESN'T REQUIRE A VOTE OF THE CITIZEN, WELL, IT, IT ALLOWS FLEXIBILITY DOWN THE ROAD.
SO LIKE, LET'S SAY YOU HAVE A NEW COUNCIL THEY WANNA DO AWAY WITH THIS SYSTEM, YOU KNOW, THEY, THEY COULD DO THAT.
AND IT ALSO WOULDN'T PRECLUDE FROM COUNSEL STILL VOTING TO RAISE THE SALARIES IF, IF THEY WANTED TO DO THAT UNDER THE TERMS OF THE CHARTER, IT JUST PROVIDES FOR MAINTENANCE TO MAINTAIN THAT MINIMUM SALARY FOR PENSION PURPOSES.
IS IS THERE A WAY TO DO IT SO THAT LET'S SAY THEY, THEY DO THIS IN JANUARY OF 25.
IS THERE A WAY TO DO THAT SO THAT EVERYONE GETS THAT RAISE TO THAT? 'CAUSE IT, I THINK IT'S UNFAIR THAT SOMEBODY, EVEN THOUGH THEY'RE CURRENTLY ELECTED, IF THEY DON'T GET THAT SAME BUMP, THAT'S THE WAY IT IS NOW THEY'RE GETTING LESS.
THAT WOULD REQUIRE A CHARTER AMOUNT.
SO YEAH, THAT'S THE WAY IT IS NOW.
AND I THINK THAT REASONING BEHIND IT WHEN A LOT OF PEOPLE DID IT THIS WAY WAS THAT IF YOU VOTED YOURSELF A HUGE PAY INCREASE, YOU'RE GONNA BE ANSWERABLE TO THE VOTERS BEFORE YOU GET THE INCREASE.
YOU KNOW, SO IT'S A CHECK AND BALANCE AND I SEE THAT.
I THINK I'LL JUST ADD TOO, UM, YOU KNOW, LEGAL HAPPY TO DO SOME ADDITIONAL RESEARCH, BUT JUST FROM WHAT I UNDERSTAND TOO, OHIO ETHICS LAWS REGULATE, UM, COUNCIL'S SALARIES.
SO, UM, AND JUST A BRIEF OPINION, I LOOKED UP THE, UM, ETHICS LAWS WILL TRUMP THE CHARTER IF THEY CONFLICT.
SO THAT'S SOMETHING THAT WE MIGHT WANNA LOOK INTO JUST TO MAKE SURE THAT WHATEVER IS CHANGED IS IN COMPLIANCE WITH THE OHIO ETHICS LAWS.
SO, UH, WHAT I WOULD PROPOSE IS WE DON'T CHANGE ANYTHING IN THE CHARTER.
AND JUST MAKE SURE THAT THIS COULD BE DONE LEGISLATIVELY WITHIN THE EXISTING CHARTER PROVISIONS.
WHICH WOULD BASICALLY, IF THAT'S THE DIRECTION WE CHOOSE TO GO, THEN UH, YOU KNOW, THAT WOULD KIND OF REMOVE IT FROM THIS AND PUT THE ON COUNCIL'S COURT ACT.
AND THE EARLIEST THEY COULD DO THIS WOULD BE JANUARY OF NEXT YEAR.
SO WOULD THAT BE YOUR RECOMMENDATION TO LET IT GO TO COUNCIL? THAT'S MY RECOMMENDATION.
ANYONE OPPOSED? SO WE CAN CHECK OFF ITEM NUMBER EIGHT AS COMPLETED.
AND WE'LL LEAVE IT UP TO OUR DISTINGUISHED COUNCILMEN AND WOMEN.
TONY WAS THERE THAT TAKEN CARE OF FOR US.
WERE THERE ANY EXAMPLES OF, UM, UM, IN YOUR RESEARCH OF PEOPLE WHO CHANGED THEIR CHARTER? UH, THERE'S, THERE'S ONE THAT HAD IT IN THE CHARTER, BUT EVERYBODY ELSE WAS BY, UH, THAT I TALKED TO WAS BY, UH, UH, RESOLUTION OR ORDINANCE WITHIN THEIR EXISTING CHARTERS.
READING FOUR 10, UH, COMPENSATION, IT, IT SEEMS TO BE CLEAN ENOUGH AS IT IS.
I THINK WE WOULD MUDDY IT UP BY TRYING TO, UH, TRYING TO MAKE THAT CHANGE.
AND I'M NOT SURE THE VOTERS WOULD EVEN EFFORT, UH, UNDERSTAND IT OR SEE IT AS ANYTHING MORE THAN JUST A COUNSEL GETTING MONEY LOAN A PAY RAISE.
SO IF THERE'S NOTHING FURTHER, WE CAN CHECK OFF NUMBER EIGHT AS COMPLETED.
AND WE WILL MOVE ON TO NUMBER NINE, WHICH IS IN PROVIDING INFORMATION REGARDING QUORUMS MAJORITY VOTES RELATED TO ARTICLE FOUR, SECTION 4.12.
SO, UM, A LOT OF THIS ON CORMAN MAJORITY VOTES, WE'RE GONNA BE TALKING UNDER ABOUT UNDER, UH, ITEM 16, UH, WHICH WAS THE WHOLE COMPREHENSIVE DISCUSSION ABOUT THE MAYOR'S VOTE AND HOW THAT IMPACTS THAT.
SO I WON'T GO INTO THAT AND AS MUCH TILL WE GET TO THAT.
UM, BUT THERE HAD BEEN THE ISSUE RAISED OF CONSEQUENCES OR COMPENSATION CONSEQUENCES FOR MISSING MEETINGS.
[00:45:01]
CITY OF CLEVELAND, UM, HAS A PROVISION, UH, IN THEIR CHARTER THAT SAYS, FOR EACH ABSENCE OF A MEMBER OF, OF A MEMBER FROM REGULAR MEETINGS OF THE COUNCIL, UNLESS AUTHORIZED BY A TWO THIRDS VOTE OF ALL MEMBERS OF THE COUNCIL, THERE SHALL BE DEDUCTED TO SOME EQUAL TO 2% OF THE ANNUAL SALARY OF EACH MEMBER.ABSENCE FROM 10 CONSECUTIVE REGULAR MEETINGS SHALL OPERATE AS SHALL OPERATE TO VACATE THE SEAT OF A MEMBER UNLESS SUCH ABSENCE IS AUTHORIZED BY COUNCIL.
AND THAT SAYS ALL COUNCIL MEMBER MEETINGS.
SO DOES THAT, THAT INCLUDE SAYS REGULAR MEETINGS AND COUNCIL, I'M SORRY, TONY, DID YOU SAY 10 CONSECUTIVE? 10 CONSECUTIVE AUTOMATIC.
IT'S AN AUTOMATIC VACATION OF THE SEAT.
UM, WHAT DID THEY MAKE UP HERE? BUT THAT'S ONLY UNEXCUSED ABSENCES.
BUT, YOU KNOW, THERE'S A LOT OF WAYS TO GAIN THAT BECAUSE, YOU KNOW, WHAT WE HAD BEFORE WAS, YOU KNOW, THEY TAKE TURNS ROTATING MM-HMM.
UM, IF THEY MAKE A LOT OF MONEY, THEN THAT MIGHT MAKE A DIFFERENCE.
IT'S NOT REALLY NO, A SIGNIFICANT AMOUNT, NO
YOU KNOW, AND THEN THERE WAS, UH, MONROE, OHIO, UH, WHICH IS JUST, SO THE SOUTH, THEY HAVE, UM, A PROCEDURE THAT IF YOU DO NOT ATTEND 66% OF THE RE REGULARLY SCHEDULED MEETINGS PER YEAR, THEN YOU AUTOMATICALLY VACATE YOUR SEAT.
UM, BUT, AND SO THAT ONE'S NOT AS, AS SPECIFIC, UM, WITHIN THOSE TERMS. UM, THE, THE REAL PART IS THE EXCUSED VERSUS UNEXCUSED.
UM, I, I SORT OF THINK THAT MAYBE AS WE GET INTO THE DISCUSSION ON THE OVERALL THING AND THE MAYOR'S VOTE AND THAT, THAT REALLY ADDING THAT NINTH VOTE COULD REALLY DO A LOT TO ADDRESS SOME OF THE ISSUES THAT HAVE HAPPENED IN THE PAST.
UM, AND, YOU KNOW, MAKE ONE CHANGE, UM, AND PROCESS THAT AFFECTS A COUPLE AREAS RATHER THAN TRYING TO PUT ON THESE CONSEQUENCES THAT, YOU KNOW, MAY BE, UH, BECOME DIFFICULT TO ENFORCE BECAUSE PEOPLE DO GAME THE SYSTEM AT TIMES.
I STILL, I STILL LIKE THE IDEA OF IF YOU MISS X PERCENTAGE OF REGULAR MEETINGS, YOU VACATE YOUR POSITION.
I WOULD LOWER IT TO 50 THOUGH.
IF YOU CAN'T DO YOUR JOB HALF THE TIME, YOU SHOULD NOT HOLD THAT SEAT.
THAT'S NOT A PROBLEM WE'VE HAD THOUGH.
I MEAN, I, I UNDERSTAND THAT, BUT I JUST, I THINK HAVING VERBIAGE TO DETER FUTURE WOULD NOT BE, I THINK THE VOTERS WOULD APPRECIATE THAT.
WELL, ARE YOU SAYING 50% CONTINUOUSLY OR NO, JUST IN GENERAL.
'CAUSE THAT WOULD BYPASS THE WHOLE, OH, I'LL GO THIS MEETING.
YOU MISSED THE NEXT ONE IN THAT KIND OF TRADE OFF.
SO IS THAT 50% OF THE TIME IN THEIR TERM, OR BY YEAR OR WHAT? I, I THINK YOU'D HAVE TO DO IT BY LIKE CALENDAR YEAR OR SOMETHING.
SO YOU, YOU REALLY STILL WOULD, YOU KNOW, THEY HAVE TO GO TO THE END OF THE YEAR, EVEN IF THEY HAD ALREADY SURPASSED THE 50% TO, YOU KNOW, I DON'T KNOW HOW, I MEAN, THERE'S SOME PROBLEMS IN THAT AND IN TERMS OF TRACKING AND STUFF, AND SO I DON'T KNOW IF YOU'VE HEARD OF THAT ANYWHERE WHERE THERE'S LIKE, WE DON'T HAVE ANY PROVISIONS IN OUR CHARTER FOR LIKE AUTOMATIC VACATION BASED ON ANYTHING.
LIKE EVEN IF SOMEONE FAILS TO MEET THE QUALIFICATIONS OF THE POSITION, THEY STILL DON'T, THE SEAT ISN'T AUTOMATICALLY VACATED.
THEY STILL HAVE TO GO THROUGH THE PROCESS OF, OF REMOVAL THROUGH A HEARING AND STUFF IN A VOTE.
CAN I, I HAVEN'T PERSONALLY SEEN ANYTHING ABOUT YEAH.
IT'S SOMETHING, UM, I CAN LOOK INTO.
CAN EVERYBODY HEAR ME?
ABOUT PERSONALLY, BUT I CAN DO SOME RESEARCH ON THAT.
UM, AND IT, IT'S ALSO SOMETHING, AGAIN, YOU COULD THINK ABOUT PUTTING IN THE RULES OF COUNSEL AS OPPOSED TO PUTTING IN THE CHARTER.
UM, 'CAUSE AGAIN, COUNSELS CHANGE OVER TIME.
SO WHAT MIGHT BE GOOD FOR THIS COUNCIL MIGHT NOT BE GOOD FOR THE NEXT ONE.
SO IT SOMETIMES IT HELPS TO HAVE IT IN THE RULES OF COUNSEL, BUT THE RULES OF COUNCIL DON'T HAVE ANY TEETH.
WELL, THE RULES OF COUNCIL, I DON'T THINK WE COULD DO A VACATION OF A SEAT THROUGH THE RULES OF COUNCIL.
I THINK THAT WOULD HAVE TO BE MATURE OR YEAH.
BUT I, I GUESS I WAS THINKING LIKE SOME OTHER PANEL DISCIPLINARY YEAH.
DISCIPLINARY ACTION OR COUNCIL CAN SORT OF SANCTION OWN SOMETHING LIKE THAT.
I MEAN, THE ONLY REALLY THING WE'VE HAD AS A TOOL IS REALLY CENSURE.
AND THAT'S NOT EVEN IN OUR RULES OF COUNCIL, BUT COUNCIL MEMBERS HAVE BEEN CENSURED, BUT MM-HMM.
[00:50:01]
YOU.UH, FIRST OF ALL, I'D HAVE TO SAY THAT THE NUMBERS TO ME ARE ASTOUNDING THAT I'M HEARING HERE.
UH, EVEN AT 50%, I AT OUR WORST, UH, NANCY, YOU CAN CORRECT ME IF I'M WRONG, BUT AT OUR WORST, I DON'T THINK WE SAW 50%.
SO, UH, BUT AT OUR WORST IT WAS, IT WAS PRETTY BAD WITH RESULTS, UH, OF WHAT HAPPENED TO THIS COUNCIL DURING THAT PERIOD OF TIME.
SO THERE ARE SOME AREAS OF CONCERN ME.
UH, ONE IS I THINK WE NEED TO PLACE A HIGH PRIORITY ON UNEXCUSED ABSENCE.
SO IF COUNCIL CAN'T COME TO AN AGREEMENT, IF FIVE MEMBERS OF COUNCIL CAN'T COME TO AN AGREEMENT TO EXCUSE AN ABSENT COUNCIL MEMBER, AND THAT HAPPENS, BOY, MY NUMBER'S WAY LOWER THAN 50%.
BUT I'M SAYING IF THAT HAPPENS A HALF A DOZEN TIMES IN A YEAR, THAT THE MAJORITY OF COUNCIL AGREES THAT A COUNCIL MEMBER IS UNEXCUSED.
I, I THINK WE NEED SOME TEETH HERE BECAUSE AS TONY SAID, THAT CAN HAPPEN.
AND MOST WE CAN DO IS CENSURE THAT PERSON.
UH, I, GOING BACK IN RECENT HISTORY HERE, THE, THE, THE MISSING MEETINGS IS SOMETHING THAT WAS DESTRUCTIVE TO THE COUNCIL.
I WOULD LIKE TO SEE SOMETHING WITH SOME TEETH IN IT.
I DON'T KNOW IF THAT HAPPENS HERE AND, OR, OR WHAT THE PROCESS IS.
BUT AT THE VERY BASIS, IF A MAJORITY OF COUNSEL CANNOT AGREE TO EXCUSE, UH OH NANCY, FOR EXAMPLE, FIVE PEOPLE ON COUNCIL DON'T AGREE TO EXCUSE NANCY'S ABSENCE.
AND A FEW MONTHS LATER, A MONTH LATER, NANCY DOES IT AGAIN.
AND FIVE PEOPLE STILL FEEL THAT IT'S AN UNEXCUSED ABSENCE.
AND THEN SHE DOES IT A COUPLE WEEKS LATER AND WE STILL CAN'T GET, UH, SHE'S STILL AN UNEXCUSED ABSENCE.
AND SO WHY WOULDN'T WE WANT COUNSEL TO HAVE A BIGGER HAMMER TO USE AT THAT POINT TO TAKE CARE OF THE PROBLEM? AND IF THAT'S THE DIRECTION THAT YOU WANT TO LOOK AT THIS ISSUE, THEN THAT WOULD BE MORE APPROPRIATELY IN SECTION 1308, WHICH IS REMOVAL OF AN OFFICIAL.
AND, AND MAYBE WE WOULD TAKE OUT THE, UH, CONSECUTIVE WORK CONSECUTIVE THE WORK CONSECUTIVE REALLY BOTHER.
SO THAT'S, THE PROVISION RIGHT NOW IS THREE CONSECUTIVE UNEXCUSED ABSENCES FROM REGULAR MEETINGS OF COUNCIL SECTION.
ARE YOU IN ANTONIO? DID YOU CITE A, A CITY THAT SAID 10 CONSECUTIVE ABSENCES? THAT WAS CLEVELAND? YEAH, THAT, THAT, THAT'S BEYOND BELIEF FROM THAT SOMEONE UP FOR 10 MEETINGS, SECTION OF REMOVAL.
I'M ALREADY DUSTING OFF THEIR CHAIR AND PUT SOMEBODY ELSE ON THERE.
SO IS THAT SOMETHING, CLEVELAND WAS THE ONLY ONE I COULD FIND THAT HAD, UH, THEY DID A SALARY REDUCTION OR, UH, YOU KNOW, IT HIT TO YOUR PAYCHECK, WHICH I THINK WAS BROUGHT UP BY SOMEBODY.
SO, SO I HAVE A QUESTION ABOUT THAT.
IF SOMEONE MISSES HALF OF THE MEETINGS FOR THE MONTH, I DON'T THINK THEY SHOULD GET THEIR PERS THAT MONTH.
LIKE YOU SHOULD NOT BE COUNTED AS A MONTH OF SERVICE IF YOU MISSED HALF OF THE MEETING.
AND I'M VERY SPECIFIC ABOUT A MONTH.
UM, LEGALLY, I DON'T KNOW HOW YOU WOULD, UH, DO THAT IN TERMS OF IMPACTING PERS CREDIT, UH, BASED ON MISSED MEETINGS.
UM, THERE MAY BE SOME CASE LAW OR SOME ETHICS STUFF LIKE YOU MENTIONED AROUND THAT.
I, I PERSONALLY HAVEN'T HAD ANY EXPERIENCE WITH THAT.
UM, THE PART'S GOING TO BE AS, AS TRACKING IT AND, AND REPORTING IT.
AND THEN, YOU KNOW, WITH PERS PARTICULARLY IT'S AN OUTSIDE ENTITY THAT WE DON'T HAVE CONTROL OVER.
I, I COULD ALREADY TELL YOU THE FINANCE PEOPLE PROBABLY RUN OUT BUILDING SCREAMING AND I TELL THEM WE'RE GONNA HAVE TO START PRORATING PAY, UH, BASED ON, UH, COUNCIL'S ATTENDANCE AT MEETINGS.
UM, SO, UM, YOU KNOW, SOME OF THINGS ARE MORE PRACTICAL THAN OTHERS, SO WE HAVE TO TAKE THAT INTO ACCOUNT TOO.
UM, SO I JUST WANTED TO THROW THAT INFORMATION OUT THERE ON WHAT I WAS ABLE TO FIND.
I DON'T KNOW IF THAT COMES, UH, LATER IN THE REMOVAL OF AN OFFICIAL, IF YOU WANNA HAVE CONSEQUENCES ABOUT VACATING OFFICE OR CHANGING THE NUMBER OF, UH, UNEXCUSED OR EXCUSED ABSENCES FROM MEETINGS OR THE PERCENTAGE RATE, UH, THAT WOULD BE THE PLACE TO CHANGE THAT.
IF YOU'RE TALKING ABOUT AN ISSUE OF, UM,
[00:55:02]
PERS IMPACT OR FINANCIAL CONSEQUENCES.AND THIS IS PROBABLY THE, THE APPROPRIATE PLACE TO TALK ABOUT IT.
AND IF THAT'S REALLY SOMETHING WE WANT TO GO DOWN THE ROAD, THEN I WOULD PROBABLY ASK SARAH TO LOOK INTO THAT AS WELL.
BUT I DON'T WANT TO HAVE HER DO THAT.
IF, IF THAT, IF THERE'S NOT A CONSENSUS AMONGST THE COMMISSION THAT THAT'S SOMETHING THEY WANT SPEND SOME TIME WITH.
I MEAN, I DON'T WANNA OVER COMPLICATE IT, BUT I'M CURIOUS NOW, IS ATTENDANCE NOT RECORDED OFFICIALLY ANYWHERE OTHER THAN MEETING MINUTES? ATTENDANCE? YEAH, IT'S RECORDED IN MEETING MINUTES.
BUT AGAIN, WE'RE LIKE A HOME RULE COMMUNITY, SO WE GOVERN OURSELVES IN TERMS OF HOW WE, UH, OR WHAT WE ALLOW AS TO ACCEPTABLE BEHAVIOR ON BEHALF OF THE COUNCIL MEMBERS AND SUCH.
SO I'M WONDERING IF THEIR STATISTICS SHOULD BE PUBLISHED BEFORE THEY RUN FOR REELECTION.
WELL, WE HAVE HAD THAT ISSUE THAT, AND THAT PEOPLE HAVE DONE PUBLIC RECORDS REQUESTS FOR ATTENDANCE RECORDS OF COUNCIL MEMBERS.
SO, UH, AND WE WOULD PROVIDE THAT INFORMATION IF SOMEONE ASKED.
UH, THE ONLY THING I WOULD ADD IS, UM, I, I LIKE WHERE WE'RE GOING WITH THAT.
AND I THINK TYING THAT TOO, THE EXCUSED UNEXCUSED ABSENCES, AGAIN, IF WE PUT THE POWER IN COUNSEL'S HANDS TO APPROVE AN ABSENCE OR DISAPPROVE AN ABSENCE, THEN I, I, THAT COULD LEND ITSELF TO A BASIS FOR WHAT YOU'RE TALKING ABOUT.
THE THE, THERE HAS TO BE, THERE HAS TO BE SOMETHING DONE TO, I, I DON'T WANT TO EVEN SAY PUNISHED, BUT CURTAIL THE, UM, UM, THE UNEXCUSED ABSENCES AS JUST HAS TO HAPPEN.
SO WHAT, WHAT DOES THE COMMISSION WISH TO DO? OBVIOUSLY WE'VE GOT THIS SECTION HERE, BUT WE ALSO HAVE 1308, WHICH IS THE REMOVAL.
UM, ARE WE WANTING TO PUT A FINANCIAL PIECE OR ARE WE JUST WANTING TO HAVE A MEANS TO REMOVE FOR UNEXCUSED ABSENCES IN 1308? CAN WE HAVE THE OTHER DISCUSSION AND THEN MAYBE COME BACK TO IT? 'CAUSE I DO NOT BY ANY MEANS WANT TO CAUSE MORE COMPLICATIONS OR WORK FOR THE FINANCE DEPARTMENT.
JUST YOU WANNA HAVE THE, YOU'RE SAYING HAVE THE DISCUSSION.
AND I BELIEVE 1308 DISCUSSION WOULD BE JUNE 25TH.
LOOK, IN OUR JUNE 12TH MEETING, WE GET UP THROUGH ARTICLE 12
SO ARTICLE 13 WOULD BE THE JUNE 25TH MEETING.
SO, SO I GUESS ACTION ITEM NUMBER NINE WOULD THEN MOVE TO JUNE 25TH AS WELL.
AS IT RELATES TO SECTION, AS IT RELATES TO 1308.
AND REALLY, UH, THE NEXT ITEM, UH, ITEM 13, WHAT WE KIND OF DISCUSSED TOO, WHICH WAS PENALTIES FOR MISSING MEETINGS.
SO THAT WOULD BE A 1308 DISCUSSION AS WELL.
UM, SO THEN WE'LL JUST JUMP TO NUMBER 14, UH, REVISED LANGUAGE AND 5.08 B CODIFICATION REGARDING PUBLISHING NOTICES TO NEWSPAPERS.
SO THIS IS, UM, AN ITEM THAT I BROUGHT UP IN SECTION 5 0 8.
AND I THINK JOHN WAS THE PERSON THAT HAD SAID WE MADE A SIMILAR CHANGE TO, UH, I THINK IT WAS, UH, FIVE 11 MAYBE.
YEAH, IT WAS FIVE 11 PUBLICATION.
UH, AT THE LAST CHART REVIEW COMMISSION.
PAUL, IF YOU WANT A COPY YOURS ONE, IF YOU INTERESTED, IF YOU'RE INTERESTED IN THE CHANGE THAT HE'S PROPOSING TO 5 0 8.
SO, UH, I'VE REDLINED, UH, THE PROPOSED CHANGE, UM, IN HERE.
UH, SO CROSSING OUT THE EXISTING LANGUAGE AND UH, I USE THE EXACT LANGUAGE FROM SECTION, UM, FIVE 11 PUBLICATION THAT WAS APPROVED AT THE LAST CHARTER REVIEW, UH, TO JUST SAY WHEN WE HAVE TO MAKE NOTICE PUBLIC NOTICE OF A, A CODIFICATION OR RE CODIFICATION, THAT THAT'S DONE BY POSTING, UM, AT LEAST 10 DAYS, UM, PRIOR TO COUNCIL'S ADOPTION OF THAT ORDINANCE ON THE CITY'S WEBSITE.
AND, AND IN NOT LESS THAN THREE PUBLIC PLACES WITHIN THE CITY.
AS SUCH, PLA PUBLIC PLACES ARE DETERMINED BY THE COUNCIL AND THOSE ARE SPELLED OUT IN THE RULES OF COUNCIL, UM, WHERE THOSE PUBLIC PLACES HAVE TO BE.
SO THEY'RE POSTED AT CITY HALL, THEY'RE POSTED AT THE, UH, HUBER HEIGHTS LIBRARY, AND THEN THEY'RE POSTED, UM, ONLINE AND THEN THEY'RE POSTED AT THE POLICE DIVISION
[01:00:01]
AS WELL.YOU, UH, INCREASE THAT BY THREE DAYS.
IS THAT GONNA CREATE A PROBLEM? NO.
UM, I THINK IT'S FINE BECAUSE ANY CODIFICATION THING GOES TO TWO READINGS, UH, BECAUSE IT'S AN ORDINANCE.
UM, AND WE MAKE THE NOTIFICATION PRIOR TO THE FIRST READING, SO YOU'D HAVE ALMOST A MONTH TO BEFORE IT WOULD ACTUALLY COME UP FOR A VOTE.
AND IT DOES EXACTLY MIRROR FIVE 11.
SO THE ONLY CHANGE TO THIS, BEYOND SEVEN TO 10 DAYS IS THAT IT JUST DOESN'T HAVE TO BE IN A NEWSPAPER OF GENERAL CIRCULATION.
AND I WOULD ARGUE THAT MORE PEOPLE SEE IT ON THE WEBSITE AND IN THESE OTHER PUBLIC PLACES THAN THEY'RE SEEING IT IN THE NEWSPAPER BECAUSE IT JUST GETS PUT IN THE LEGAL ADS SECTION WITH ALL THE OTHER LEGAL ADS.
AND UNLESS YOU'RE LOOKING FOR IT, YOU'RE NOT GONNA FIND IT THERE.
UNLESS THERE ARE ANY FURTHER QUESTIONS, I WOULD ENTERTAIN A MOTION TO APPROVE THIS CHANGE TO THE CHARTER.
AND WHEN WE SAY APPROVED, JUST TO CLARIFY, WE'RE APPROVING THIS AS A RECOMMENDATION.
FOR A CHANGE THE CITY CHARTER.
THAT THEN HAS TO BE APPROVED BY COUNCIL TO BE APPROVED, TO GO TO THE BOARD, TO THE GO TO THE VOTERS WHO THEN WILL APPROVE IT TO CHANGE THE CHARTER.
SO IT'S STILL ALL UP TO THE PUBLIC TO CHANGE THIS.
WE HAD A SECOND FOR MS. BIRCH.
I DIDN'T HEAR WHO MADE THE MOTION.
UM, MS. SUMMERS MADE THE OKAY.
ANY FURTHER DISCUSSION ON THIS? UH, I'LL GO AHEAD AND TAKE A ROLL CALL THEN PLEASE.
AND WE CAN ALL MARK THIS MAY 6TH.
WE MADE OUR FIRST RECOMMENDATION TO COUNSEL.
SO MOVING TO ITEM NUMBER 15, UH, THE SURVEY OF OTHER MUNICIPALITIES REGARDING MAYOR'S VOTE, THE MAYOR'S VETO, AND HOW MAYORS ARE SELECTED BY ELECTION OR APPOINTMENT OF COUNCIL.
SO I'LL LET SARAH SPEAK TO THIS 'CAUSE SHE DID THE RESEARCH AND I'LL PASS SOME COPIES DOWN HERE.
WOULD YOU LIKE A COPY OF THIS ONE? NO, I'M JUST TRYING TO SAVE EVERYBODY.
SO THIS IS KIND OF FOLLOWING UP ON THE LAST DISCUSSION WE HAD AT OUR LAST MEETING.
UM, I WENT AHEAD AND SURVEYED, UM, QUITE A FEW CITIES, 26 TOTAL.
AND I, I TRIED TO STAY AWAY FROM MAJOR CITIES, SO I KIND OF STAYED AWAY FROM LIKE CINCINNATI, COLUMBUS, CLEVELAND, AND LOOKED AT CITIES, UM, NOT NECESSARILY COMPARABLE TO HUBER HEIGHTS, BUT THAT WERE SORT OF, UM, SOMEWHAT SIMILAR, AS SIMILAR AS I COULD GET THEM.
AND, UM, I WAS ACTUALLY SURPRISED THAT ONLY TWO OF THOSE CITIES, UM, HAVE A MERE VETO.
UM, IT WAS BOWLING GREEN AND PEPPER PIKE, WHICH, UM, NEVER HEARD OF THAT.
ADMITTEDLY, I HAD NEVER HEARD OF IT, SO I HAD TO LOOK IT UP.
IT'S A VERY AFFLUENT SUBURB IN CLEVELAND AND WITH I KNOW IT.
UM, THEY RECENTLY HAD AN ISSUE WITH THE MAYOR VETO ACTUALLY INVOLVING THEIR, UM, CHARTER REVIEW COMMISSION.
UM, APPARENTLY THEY, THE CITY HAD NOT ESTABLISHED ONE, SO COUNCIL WAS TRYING TO ESTABLISH A CHARTER REVIEW COMMISSION.
THEIR CHARTER HAD NOT BEEN REVIEWED FOR I THINK OVER 50 YEARS.
AND THE COUNCIL MEMBERS DECIDED THAT THEY WANTED THREE COUNCIL MEMBERS TO BE MEMBERS OF THAT COMMISSION.
THE MAYOR DID NOT AGREE WITH THAT.
SO WHEN THE LEGISLATION PASSED, THE MAYOR VETOED IT ON THE BASIS THAT HE DID NOT WANT COUNCIL MEMBERS TO BE A PART OF THE COMMISSION WHILE THE COUNCIL MEMBERS THEN OVERRODE HIS VETO BY UNANIMOUSLY.
SO THEN THERE WAS A LOT OF ISSUES WITH THAT.
AND THEN THE CHARTER COMMISSION GOT CREATED AND THERE WERE STILL THREE COUNCIL MEMBERS WHO WERE APPOINTED AS LIAISONS TO THAT COMMISSION.
SO KIND OF JUST, YOU KNOW, IT SHOWS SORT OF SOME OF THE ISSUES THAT COULD COME UP.
YOU KNOW, I MEAN, THE MAYOR VETOED THAT LEGISLATION, BUT IF IT WAS WHAT, IT'S WHAT COUNCIL WANTED.
AND SO THEY WERE ABLE TO JUST OVERRIDE THAT VETO.
UM, AND I, I COULDN'T REALLY FIND ANYTHING ON BOWLING GREEN AS FAR AS ANY ISSUES THAT THEY'VE HAD WITH
[01:05:01]
THEIR VETO.UM, BUT OTHER THAN THAT, A MAJORITY OF CITIES, UM, DO NOT HAVE THEIR MAYORS VOTE.
AND WHEN THE MAYOR VOTES, UM, IT APPEARS AS THOUGH THE MAYOR DOES NOT HAVE A VETO POWER WHEN THE MAYOR IS A VOTING MEMBER.
AND ALSO IT LOOKS LIKE A MAJORITY OF THE COMMUNITY SURVEYED ALSO, THE MAYOR WAS ELECTED DIRECTLY.
THERE'S, YOU KNOW, A FEW MORE.
1, 2, 7, LIKE ABOUT SIX OR SEVEN.
THE MAYOR IS, UM, SELECTED BY THE MEMBERS OF COUNCIL TO BE MAYOR.
UM, OTHER THAN THAT, VAST MAJORITY OF THE CITIES, THE MAYOR IS ELECTED AND JUST FOR THE COMMUNITY, SO THEY KNOW MAYOR SELECT IS ELECTED BY THE PEOPLE.
SEVEN, NO MAYOR THAT HAS A VOTE.
23 HAVE, HAVE THE MAYOR WITH A VOTE.
ONLY THREE DO NOT HAVE THE MAYOR WITH A VOTE.
AND AGAIN, AS SHE MENTIONED, ONLY TWO HAVE MAYOR VETO POWER OUT OF THE 26.
SO 24 HAVE NO VETO POWER TO, SO THAT THE COMMUNITY HAS.
SO TRYING TO ELIMINATE THAT PUBLIC RECORDS REQUEST FOR YOU,
AND JUST FOR ANYBODY IN THE PUBLIC THAT IS INTERESTED IN THESE, THEY GET ATTACHED, ALL THE HANDOUTS GET ATTACHED TO THE MINUTES WHEN THEY'RE PROVIDED.
SO THEY, THEY WILL BE, UH, POSTED WITH THE MINUTES ONLINE.
SO THAT KIND OF ENDS THAT ACTION ITEM, DOESN'T IT? BECAUSE WE JUST WANTED THE SURVEY RIGHT.
BUT THAT BRINGS US INTO, TO THE NEXT ONE.
SO, UH, THAT SURVEY THEN LEADS US INTO ITEM NUMBER 16, UH, WHICH IS TO CREATE A COMPREHENSIVE OUTLINE OF ALL THE COMPONENT SECTIONS OF THE CITY CHARTER FOR A MAYOR'S VOTE, A MAYOR'S VETO, QUORUM DEFINITION, CHANGE COUNCIL VOTING, ET CETERA, FOR DISCUSSION.
SO, UH, WHAT I DID HERE, UM, WHAT THE DIRECTION GIVEN WAS TO PREPARE THAT OUTLINE.
UM, I'VE LISTED HERE ON THE HANDOUT ALL OF THE RELEVANT CITY CHARTER SECTIONS THAT DEAL WITH, UH, THE MAYOR, UH, QUORUM AND VOTING.
YOU'D BE SURPRISED WHEN I DID A SEARCH OF THE CITY CHARTER AND USED THE TERMS VOTE VOTING AND VOTES, UH, HOW MANY TIMES IT ACTUALLY APPEARS IN THE CHARTER.
BUT, UM, IF THE DIRECTION OF THE COMMISSION IS TO LOOK AT, UM, ADDING THE RIGHT OF VOTING TO THE MAYOR AND ELIMINATING THE MAYOR'S VETO, THEN I BELIEVE THAT THIS LIST IS COMPREHENSIVE AND THE SECTIONS THAT WOULD BE POTENTIALLY IMPACTED, UH, BY THAT DIRECTION, UH, DEPENDING ON HOW YOU CHOOSE TO MAKE A RECOMMENDATION TO IMPLEMENT.
SO SOME THINGS, UH, YOU KNOW, IF WE WENT IN ONE DIRECTION, IT MIGHT AFFECT DIFFERENT SECTIONS IN A DIFFERENT WAY.
UH, BUT I THINK THIS WOULD BE THE STARTING POINT.
AND THEN I ALSO HIGHLIGHTED IN YELLOW ON THE OUTLINE THE, UH, THE SPECIFIC LANGUAGE WITHIN THOSE SECTIONS THAT I THOUGHT WOULD BE IMPACTED BY THIS TYPE OF RECOMMENDATION.
SO, I DON'T KNOW IF YOU WANT TO START BY TALKING GENERALLY ABOUT WHERE WE'RE AT ON THIS WHOLE, YOU KNOW, AS A COMMISSION, UH, WHERE WE'RE AT ON THE WHOLE CONCEPT OF GIVING THE MAYOR THE RIGHT TO VOTE AND ELIMINATING THE MAYOR'S VETO AS WAS DISCUSSED AT THE LAST MEETING.
UM, AND THEN, YOU KNOW, IF THAT'S A FIRM DIRECTION THAT WE WANNA GO IN, THEN WE COULD TALK MORE SPECIFICALLY ABOUT HOW THAT MIGHT CHANGE THESE RELEVANCE SECTIONS.
SO THIS HIGHLIGHTED THIS AS IT STANDS NOW.
ALL THE OUTLINE IS EVERYTHING AS IT STANDS NOW, BUT I'M JUST, UH, THE HIGHLIGHTING REFERENCES, THE, THE SECTIONS THAT MIGHT BE IMPACTED BY THIS TYPE OF CHANGE.
SO IT IN SUMMARY, REALLY THAT GIVING THE MAYOR THE RIGHT TO VOTE IN ELIMINATING THE MAYOR'S VETO IMPACTS, YOU KNOW, FIVE OR SIX SECTIONS OF THE CHARTER THAT WOULD'VE TO BE CHANGED.
AND WHAT'S, WHAT'S THE RATIONALE FOR WANTING TO CHANGE THIS? WELL, ANYONE WANNA SPEAK TO THAT? WE, WE HAD I THINK, A REALLY LONG DISCUSSION.
I THINK THE DISCUSSION JUST REVOLVED AROUND HOW STAGNANT OUR COUNCIL WAS FOR ABOUT A YEAR DUE TO ATTENDANCE.
UM, NOT BEING ABLE TO GET TO A FOUR, FOUR VOTE TO WHERE THE MAYOR COULD CAST.
UM, AND I, I THINK A MAJORITY OF US WOULD LIKE TO SEE THAT FIXED IN SOME FASHION, WHETHER IT'S GIVING THE MAYOR A VOTE, WHETHER IT'S CHANGING SOME OF THE RULES THAT IF IT ENDS UP FOUR THREE BECAUSE OF AN ABSENCE, THE MAYOR'S ALLOWED TO VOTE AND NOT JUST WHEN IT'S A TIE.
I THINK THERE ARE A LOT OF DIFFERENT AVENUES
[01:10:01]
THAT WE COULD GO MM-HMM.I THINK LAST MONTH OR LAST MEETING, THE DISCUSSION STARTED ON THE MAYOR'S VOTE.
UH, JUST BECAUSE BY GIVING HIM A VOTE, THAT GETS US AN OPPORTUNITY WHEN IT'S FOUR TO THREE DUE TO AN ABSENT FOR HIS VOTE TO COUNT OR HER VOTE IN THE FUTURE TO COUNT, UM, DEPENDING ON WHO'S SITTING IN THAT SEAT.
BUT THEN YOU HAVE A TIE IF IT'S FOUR TO THREE, AND HE, IF IT'S FOUR TO THREE AND HE VOTES AND HE VOTES WITH THE THREE THEN, OR SHE VOTES WITH THE THREE, THEN IT DOESN'T PASS BECAUSE IT DOESN'T GET TO FIVE.
BUT IF IT'S FOUR TO THREE AND THE MAYOR VOTES WITH THE FOUR, NOW YOU'VE GOTTA PASS RESOLUTION INSTEAD OF IT FAILING AGAIN BECAUSE WE LACKED THE ABILITY TO GO TO A FOUR FOUR TIE.
AND IT JUST, IT, IT, AGAIN, IT DEPENDS ON WHICH WAY ANYONE WANTS TO GO.
I THINK A MAJORITY OF US WOULD LIKE TO SEE THOSE ISSUES FIXED.
IT'S JUST A MATTER OF WHAT IS THE FIX? IS THE FIX TO CHANGE THE MAYOR TO BE ABLE TO VOTE? IS THE FIX TO CHANGE THAT HE CAN VOTE IN MORE SY HE OR SHE CAN VOTE IN MORE INSTANCES THAN JUST THE FOUR FOUR TIE.
UM, YOU KNOW, IN, IN, IF SOMEONE'S ABSENT, DO, DO WE ALLOW THE MAYOR TO VOTE, UH, TO GIVE ONE MORE VOTE THAT COULD GET TO THE FIFTH.
UM, I THINK THAT'S WHERE WE JUST NEED TO DECIDE WHICH WAY WE WANT TO GO WITH THAT.
THERE WAS ALSO SOME DISCUSSION ABOUT KEEPING IT SIMPLE, AND I THINK JUST GIVING THE MAYOR A VOTE SIMPLIFIES THE PROCESS.
IN OTHER WORDS, THERE DOESN'T HAVE TO BE A, IN THIS SITUATION, THIS HAPPENS, OR, UM, IN THIS SITUATION THAT HAPPENS, THE MAYOR HAS A VOTE.
AND, UH, UM, I, I THINK IF YOU WERE TO POLL THE RESIDENTS, MOST PEOPLE WOULD PROBABLY THINK THAT THE MAYOR HAS A VOTE RIGHT NOW.
UH, THEY, YOU KNOW, AS FAR AS YOU WOULD THINK, UH, AS MR. RUSSELL COMMENTED AT THE LAST MEETING, HE'S COUNTED IN THE QUORUM.
I THINK THAT'S RIDICULOUS THAT YOU COUNT HIM FOR YOUR QUORUM, BUT YOU DON'T LET HIM VOTE, BUT HE DOESN'T A VOTE.
SO IT SEEMS LIKE, I ALSO THINK, I ALSO THINK IT'S PRETTY TELLING THE STATS THAT WE GOT, THAT THERE'S ONLY TWO CITIES IN, IN 26 THAT DON'T LET THE MAYOR VOTE.
AND AGAIN, MOST OF 'EM ARE ELECTED JUST LIKE OURS IS ELECTED.
I SEE IT AS A, A SIMPLE, AND, AND, UH, EVEN PROBABLY MORE IMPORTANTLY, UH, UH, A SIMPLE TO GRASP CONCEPT FOR THE VOTERS TO SEE, UM, JUST GRANTING THE MAYOR A VOTE.
AND THEN, UM, I, I THINK THAT ADDRESSES A WHOLE LOT OF WHAT WE WENT THROUGH AS A COUNCIL WITH THE, UH, INTENTIONAL ABSENCES AND WHAT HAVE YOU.
I GUESS, UM, WE SAW THE POWER OF THE VETO IN VERY CRITICAL INSTANCES.
UM, I WOULD HATE TO SEE THAT GO AWAY WHILE GIVING THE MAYOR A VOTE.
UH, WELL THAT'S, THAT'S KIND OF THE TRADE OFF.
THE REALLY, THE REASON THAT MAYORS VETO IS THERE, IS THAT, UM, IT IS A CHECK AND BALANCE ON, ON THESE TYPES OF THINGS.
AND IF, UH, SO THE MAYOR COULD BE THE CHECK AND BALANCE ON THE COUNCIL, IF THE MAYOR'S VOTING AS PART OF COUNCIL, THEN IT WOULD GIVE HIM AN UNFAIR ADVANTAGE OPPOSED TO THE REST OF THE VOTING MEMBERS OF COUNCIL, BECAUSE HE WOULD'VE A POWER NONE OF THEM HAD.
SO THAT, THAT WAS, AND YOU COULD SEE AGAIN IN THE STATISTICS THAT, YOU KNOW, IT APPEARS THAT THAT COMBINATION OF NO MAYORS, VITO AND THE MAYOR VOTING IS THE MOST PREVALENT.
TONY, COULD YOU SAVE YOUR, SO, SO IF HE, IF HE VOTED, THEN IT WOULD BE VERY HARD TO COME UP WITH A TIE.
YOU CAN'T COME UP WITH A TIE UNLESS THERE'S AN ABSENCE.
AND THE OTHER THING IS WE DISCUSSED, I DON'T, I ASKED, I DON'T HOW MANY TIMES WAS THE VETO EVEN USED IN THE LAST 10 YEARS? IT'S BEEN LESS THAN 10.
BUT IT'S BEEN, WE'VE USED IT RECENTLY.
AND THAT'S NOT BY JEFF, UH, OR MAYOR HO.
BUT IT HASN'T BEEN USED SINCE MCMASTER.
SO I, I, I THINK THE TRADE OFF IS REASONABLE.
UM, YES, THE MAYOR WILL HAVE TO GET A, A VETO, BUT AT THE SAME TIME HE WILL GAIN A VOTE.
AND LET'S BE HONEST, I'M GONNA SAY WHAT NOBODY'S SAYING.
MR. RUSSELL AND I WERE INVOLVED IN THE LAST PROCESS OF PEOPLE, YOU KNOW, SKIPPING MEETINGS AND WHATEVER.
UM, I, I THINK THE WILL OF THE PEOPLE IS BETTER SERVED IF THEY'RE GOING TO ELECT A MAYOR, UM, BY MAJORITY, THEN THAT MAYOR SHOULD GET
[01:15:01]
A VOTE.UH, I ALSO AGREE THAT IF THAT MAYOR GETS A VOTE, THEN HE DOESN'T GET TO COME BACK AROUND AND VETO IT LATER.
SO, UM, I I, I THINK WE'RE MAKING A GOOD TRADE OFF HERE, IN MY OPINION.
UM, THE MAYOR GETS A VOTE, BUT AT THE SAME TIME, HE DOESN'T HAVE A, LIKE A SUPER VOTE WHERE IF HE DOESN'T GET HIS WAY, HE, YOU KNOW,
SO, UM, YOU KNOW, I WANNA SAY MY PIECE, BUT AT THE SAME TIME, I WANT THE COUNCIL MEMBERS AND THE CITIZENS OF THIS COMMISSION TO KIND OF MAKE THIS DECISION FOR US.
I DON'T WANT TO HAVE TO MAKE IT
ONE, A MAJORITY OF THE CITIZENS I SPOKE WITH WOULD AGREE.
THEY THINK HE ALREADY HAS A VOTE.
WHEN I TOLD THEM THEY DIDN'T, THEY WERE SHOCKED.
AND THEY AGREE THAT'S A FAIR TRADE OFF.
UM, AND IT WAS JUST A STRAW POLL WITH MY HOA MEMBERS, NOTHING OFFICIAL.
UM, BUT MY OTHER QUESTION IS, IF WE MAKE THIS, UM, PROPOSAL AND COUNCIL APPROVES AND IT GOES TO A BALLOT, HOW WOULD WE SIMPLIFY THAT? BECAUSE I WOULD FEAR
WELL, THAT'S KIND OF THE PUBLIC EDUCATION PIECE THAT WE TALKED ABOUT SEVERAL TIMES.
UM, YOU KNOW, THE VERBIAGE IS GONNA HAVE TO BE THERE BECAUSE PEOPLE HAVE TO SEE THE TEXT AMENDMENT OF THE PROPOSED CHARTER CHANGE.
SO THAT'S WHAT'S GONNA BE ON THE BALLOT.
BUT I THINK IN THE SELLING OF IT, OR THE PROMOTING OF IT, UM, THE MESSAGE WOULD BE VERY SIMPLE THAT, UM, THE, THE POINTS HAVE BEEN MADE HERE THAT YOU'RE, YOU'RE DOING A TRADE OFF.
THE MAYOR'S GETTING A RIGHT TO VOTE THAT MOST PEOPLE THINK HE ALREADY HAS OR SHE HAS.
AND, UM, IN RETURN, YOU'RE GIVING UP THE VETO THAT'S BEEN USED VERY INFREQUENTLY.
SO WOULD THERE BE LIKE A SHORT TEXT AND THEN A LONG TEXT IF PEOPLE WANTED TO READ ALL OF THE VERBIAGE? WELL, THE, THE BALLOT IS ONE THING BECAUSE IT'S GOING TO HAVE THE LANGUAGE IN A FORMAT THAT'S PRESCRIBED BY THE BOARD OF ELECTIONS.
SO WE HAVE TO SUBMIT THESE ISSUES TO THEM.
AND, AND THEN IT GOES TO THE OHIO SECRETARY OF STATE, AND THEY HAVE TO PROVE THE LANGUAGE.
SO YOU CAN'T JUST PUT IT ON, IN A WAY, IT HAS TO BE NEUTRAL LANGUAGE SO THAT IT'S NOT APPEARING TO, YOU KNOW, FAVOR THE, YOU KNOW, ONE POSITION OVER ANOTHER FOR APPROVAL, THE CHARTER AMENDMENT, UM, ALL THOSE FACTORS.
SO IT'S THE, THE EDUCATION BEFORE THE VOTE IS WHERE YOU, YOU PROVIDE THE CONTEXT TO WHY THE CHANGE IS NECESSARY.
IF I COULD, JOHN RUSSELL, WE, UH, UH, THE, UH, UH, FORMER COMMISSION MADE A, A VERY GOOD, SIMPLE RECOMMENDATION, UH, LAST TIME AROUND THAT FAILED.
AND IT, IT, IF MEMORY SERVES ME RIGHT, IT WAS BECAUSE THE LANGUAGE APPEARED KIND OF CONVOLUTED ON THE BALLOT.
DO YOU KNOW WHAT I'M TALKING ABOUT THERE? I KNOW THE ONE THING THAT FAILED WAS THE RESIDENCY FROM THE CITY MANAGER, BUT I CAN'T REMEMBER THAT.
IN FACT, UM, THE REASON I FELT THE LANGUAGE WAS CONVOLUTED WAS BECAUSE ATTEMPTING TO CLARIFY, MOST PEOPLE THOUGHT THEY WERE VOTING TO MANDATE THE CITY MANAGER.
AND I THINK TO HER, TO YOUR POINT, I THINK THE AVERAGE PERSON READING THIS IS GONNA GET CONFUSED ANYWAY.
I THINK, I THINK REALLY YOUR EDUCATION PIECE IS WHAT YOU'RE GONNA HAVE TO TRY AND REALLY GET OUT IN FRONT OF AND SELL AND, AND MAKE SURE PEOPLE UNDERSTAND.
I THINK, AS I SAID BEFORE, I THINK THE MAJORITY OF PEOPLE IN HUBER HEIGHTS, WHEN THEY ELECT A MAYOR, THEY THINK HE GETS TO VOTE YES.
AND I THINK THEY'RE REALLY SHOCKED WHEN THEY FIGURE OUT THAT HE DOES NOT GET TO VOTE.
I DON'T THINK IF YOU VOTE, YOU SHOULD NEVER GET TO COME BACK AND SAVE VETO
AND AS WE DISCUSSED BEFORE, I THINK MAKING AN ODD NUMBER SOLVES A LOT OF WHAT YOUR PROBLEMS ARE YOU'RE TRYING TO SOLVE WITHOUT, WITHOUT GETTING INTO ALL OF THE OTHER WEEDS OF EVERYTHING ELSE THAT YOU'RE TALKING ABOUT.
I THINK THIS IS ONE SIMPLE FIX THAT, THAT, AND LISTEN, I SAY SIMPLE.
AND IF THIS DOESN'T WORK OUT SIMPLY, THEN, THEN YOU CAN COME BACK IN SEVEN OR EIGHT YEARS.
I WILL NOT BE HERE NO
BUT NO, I, I, I DO THINK AS YOU GUYS DISCUSS VOTING AND MISSING AND WHATEVER, I THINK IF, IF EVERY PERSON PRESENT GETS A VOTE, I THINK THAT SOLVES A LOT OF WHAT YOU'RE DEALING WITH.
AND IT DOES COME DOWN TO THE EDUCATION PIECE, WHICH IS OUR SECOND JOB DESCRIPTION, JUST SO YOU GUYS KNOW, AS BEING ON THE COMMISSION EXACTLY.
IS TO HELP EDUCATE FAILURE
WE CANNOT HAVE FAILURE TO COMMUNICATE ON THAT ONE
SO ANYTHING ELSE REGARDING THIS? AND, AND OBVIOUSLY I THINK
[01:20:01]
WE'RE GONNA NEED TO START GIVING SOME DIRECTION SO THAT WE CAN ACTUALLY SEE LANGUAGE TOO, APPROVE OR DISAPPROVE, SIMILAR TO WHAT WE JUST DID WITH 5.08.I MEAN, IF, IF THAT'S THE GENERAL CONCEPT YOU WANNA GO WITH.
I MEAN, THERE WAS, YOU WEREN'T HERE, BUT THERE WAS A LOT OF DISCUSSION TOO, ON SHOULD WE CHANGE WHAT IS THE REQUIRED NUMBER OF VOTES DEPENDING ON THE NUMBER OF PEOPLE PRESENT FOR ME? YEAH, I'VE HEARD THAT.
AND THEN YOU GET SOME REALLY COMPLICATED FORMULAS AND STUFF THAT, UH, YOU KNOW, YOU HAVE TO REALLY THINK EVERY TIME A VOTE'S TAKEN ABOUT WHAT, WHAT HAS BEEN APPROVED OR NOT APPROVED.
SO THIS CAME ACROSS AS MAYBE THE SIMPLEST METHOD TO TRY TO ADDRESS ALL OF THE ISSUES AROUND VOTING, UH, MISSING MEETINGS AND, AND, AND THAT SORT OF THING.
SO IF, IF THAT'S THE COMMISSION'S DIRECTION AND YOU WANT TO GIVE STAFF THAT DIRECTION, THEN UH, WHAT I WOULD DO IS, UH, WORK WITH LEGAL TO, UH, TAKE THESE SECTIONS THAT, THAT ARE ON THIS OUTLINE AND GIVE YOU A RED LINE VERSION OF THAT TO LOOK LIKE WITH THE LANGUAGE THAT WOULD BE NECESSARY TO IMPLEMENT SUCH A SYSTEM.
UH, AND TONY, IN THE SECTIONS YOU'VE HIGHLIGHTED HERE, UH, I THINK IT'S FAIRLY OBVIOUS WHAT WOULD CHANGE AND WHAT WOULDN'T CHANGE.
UH, I'LL NOTE THAT IN THE SECOND SET OF HIGHLIGHTS ON THE PAGE ONE, UH, WHERE YOU'VE HIGHLIGHTED, UH, SHALL SERVE AS A NON-VOTING MEMBER OF ALL COUNCIL, UH, APPOINTED COMMITTEES.
I DON'T THINK THAT WOULD CHANGE.
I WOULD STILL SEE 'EM AS A NON-VOTING MEMBER OF ALL COUNCIL APPOINTED COMMITTEES, UH, AS WELL, THAT THAT REFERS TO LIKE THE WORK SESSIONS AND STUFF AS WELL.
I THOUGHT, UH, COUNCIL APPOINTED COMMITTEES WERE, UM, THAT WOULD NOT BE BOARDS AND COMMISSIONS.
THAT WOULD BE COMMITTEES THAT COUNCILS SERVES AS MEMBERS OF.
SO LIKE PRIOR TO HAVING THE COUNCIL WORK SESSIONS, UH, WE HAD COUNCIL COMMITTEES THAT, THAT DID THE WORK IN SMALLER GROUPS, UH, VERSUS THE WORK SESSION WITH EVERYONE PRESENT AS A COMMITTEE OF THE WHOLE.
UH, SO, UH, I THINK IF YOU'RE GONNA GIVE THE MAYOR A RIGHT TO VOTE AND COUNCIL HAS THE RIGHT TO VOTE IN THESE COMMITTEES, THEN, UH, THE MAYOR WOULD'VE THE RIGHT TO VOTE IN THE COMMITTEES AS WELL.
ARE THOSE APPLICABLE ANYMORE AT ALL? UM, NEVER SAY NEVER, BECAUSE IT ALLOWS FOR THE FLEXIBILITY TO NOT HAVE THE CURRENT SYSTEM WE HAVE FOR COMMITTEE STRUCTURE.
SO, UM, YOU KNOW, THE, THE COUNCIL WORK SESSIONS HAVE ONLY BEEN IN PLACE SINCE 2016 AND BEFORE THAT, LIKE I SAID, THERE WAS THREE COMMITTEES OF COUNCIL.
AND DEPENDING UPON THE SUBJECT MATTER, THEN THOSE ITEMS FIRST WENT TO THE INDIVIDUAL COMMITTEE THAT COVERED THOSE TOPICS AND THEN CAME TO THE FULL COUNCIL FOR A VOTE.
UM, SO, YOU KNOW, THAT COULD ARGUABLY STILL GO BACK TO THAT SYSTEM OR A HYBRID SYSTEM, UM, THAT DOESN'T EXIST NOW.
SO I THINK YOU'D WANNA RETAIN THE FLEXIBILITY TO DO WHATEVER THE CURRENT COUNCIL THINKS IS THE BEST WAY THEY CAN CONDUCT THE BUSINESS OF, DID THE MAYOR HAVE, DID THE MAYOR HAVE A VOTE ON THOSE COMMITTEES? NO, THE MAYOR WAS A, UM, NON-VOTING MEMBER OF THE COMMITTEE.
SO I GUESS I'LL ASK THE QUESTION.
IS THERE ANYONE OPPOSED TO HAVING MR. ROGERS AND LEGAL WORKUP WITH THE MAYOR'S VOTE? CAN I JUST ADD THAT IF WE ARE GOING TO HAVE LET HIM HAVE A VOTE THAT THAT WORDING IS CONSISTENT? 'CAUSE I AGREE, I DON'T, I DON'T WANT HIM TO NOT HAVE A VOTE IN THIS SITUATION, AND HE HAS A VOTE IN THIS SITUATION.
MY RECOMMENDATION WOULD BE CONSISTENT ACROSS, YEAH.
SO I'M NOT SEEING ANYONE OBJECT.
UH, ARE YOU LOOKING AT 6 25? LET'S PUT THIS ONE FOR SIX 12.
'CAUSE FOR SIX 12
I, I, I JUST, I MEAN, I'M ON VACATION.
I KIND OF KNOW WHAT I HAVE TO DO AND THEN I'LL SEND IT TO SARAH AND CHRIS TO REVIEW IT, UH, FROM A LEGAL PERSPECTIVE.
AND WHAT IS IT ABOUT NOT FULFILLING DUTIES? WHAT IS THAT? I DON'T KNOW, BUT IT'S A COMMISSION, SO I'M JUST A VOLUNTEER, SO.
SO THAT, MOVING ON, THAT TAKES CARE OF 16.
SO 17 REVISED LANGUAGE FOR 6.01 APPOINTMENT QUALIFICATION COMPENSATION REGARDING CITY MANAGER RESIDENCY PER DIRECTION OF CHARTER COMMISSION.
SO THIS ONE WAS DISCUSSED, UH, THE LAST TIME FOR SECTION 6 0 1,
[01:25:01]
AND, UH, THE COMMISSION HAD ACTUALLY CAME UP WITH THE LANGUAGE THAT THEY SUGGESTED.SO I JUST USED FROM THE RECORDING THE EXACT, UH, LANGUAGE THAT WAS PROPOSED AND RED LINED IT OUT.
UM, SO WE WOULD STRIKE THE, UM, AT THE TIME OF APPOINTMENT THAT THE MANAGER NEED NOT BE A RESIDENT OF THE CITY, BUT SHALL BECOME A RESIDENT WITHIN SIX MONTHS AFTER APPOINTMENT, UNLESS OTHERWISE TEMPORARILY AUTHORIZED BY COUNSEL.
AND THE NEW LANGUAGE WOULD BE AT THE TIME OF APPOINTMENT, RESIDENCY OF THE MANAGER WILL BE DEPENDENT ON EXISTING OHIO STATE LAW AND AS NEGOTIATED BY COUNCIL.
AND THE NEGOTIATED BY COUNCIL PIECE WAS TO ALLOW FOR THE PROVISION THAT EXISTS TO ENTER INTO AN EMPLOYMENT CONTRACT WITH THE EMPLOYEE VOLUNTARILY THAT ACCEPTS, UH, RESIDENCY IS A, IS A CONDITION OF EMPLOYMENT.
ANY QUESTIONS FOR MR. ROGERS ON THE LANGUAGE? I'LL JUST SAY WHAT IT, WHAT IT MEANS IS BASICALLY WHEN A NEW CITY MANAGER IN 50 YEARS OR SO, WHEN I'M GONE,
UH, THAT'S THE ONLY WAY WE CAN GET AROUND STATE LAW, WHICH CURRENTLY DOES NOT ALLOW A GENERAL PROVISION FOR RESIDENCY, UH, CURRENTLY.
SO, AND THIS WAS THE ONE THAT FAILED? YEAH.
SO IT WILL NEED TO, AND IF IT FAILS, AGAIN, NEED TO DO, IT CAN'T BE ENFORCED.
AND, YOU KNOW, WE'RE JUST TRYING TO CLEAN UP THE CHARTER, LET'S BE HONEST.
SO IF YOU'RE OKAY WITH THIS, THEN WE, WE SHOULD HAVE A, A VOTE ON THIS HONOR.
SO I WOULD ENTERTAIN A MOTION.
ANYONE? MR. WEBB? I WILL MOVE.
ANY FURTHER DISCUSSION ON THAT ITEM BEFORE WE TAKE A VOTE? OKAY.
MR. ROU, IF YOU CAN DO THE CALL, THE RULE TEXT.
SO THAT TAKES CARE OF ALL ACTION ITEMS FOR THIS MONTH FOR THIS MEETING.
UM, WHICH THEN BRINGS US TO OUR NEXT MEETING WILL BE, LET ME GRAB MY AGENDA.
UH, NEXT MEETING WILL BE ON JUNE 12TH, 2024, RIGHT HERE AT SIX O'CLOCK.
UH, THE ARTICLES OF THE CHARTER THAT WE'LL BE BE REVIEWING ARE ARTICLE 10, FINANCE, TAXATION AND DEBT, ARTICLE 11, NOMINATIONS AND ELECTIONS, AND ARTICLE 12 INITIATIVE REFERENDUM AND RECALL.
UM, AND ALL OF YOU HAVE YOUR ACTION ITEM TRACKING FORM, SO YOU SEE THE VARIOUS, UH, TOPICS THAT WILL BE UP FOR DISCUSSION, UH, ON SIX 12.
UM, AS WE DISCUSSED IN OUR VERY FIRST MEETING, UM, JUNE 12TH IS THE DATE OF MY CREW, SO I WILL BE OUT OF TOWN.
UM, SO MS. SUMMERS WILL BE GOING FROM VICE CHAIR TO CHAIR FOR THAT MEETING.
UH, WE DO HAVE A COUPLE OF BIG ITEMS AND, AND I, I JUST WANNA MAKE SURE THAT I GO ON RECORD WITH WHERE I STAND SINCE I WILL NOT BE HERE.
UH, BUT THE NEXT MEETING, NEXT MEETING, ONE OF THE, UM, ACTION ITEMS WOULD BE TERM LIMITS.
UH, AND ALTHOUGH I HAVE OPENLY STATED THAT ON THE FEDERAL LEVEL ON ALL FOUR TERM LIMITS, UM, JUST REVIEWING THE MATERIALS THAT WE HAVE SEEN AND BEEN PROVIDED AND DOING MY OWN RESEARCH, UM, I'M NOT SURE THAT MY PERSONAL OPINION, AND I'LL LEAVE IT UP TO YOU GUYS AND OUR CHAIR FOR NEXT MONTH TO DECIDE, BUT I, MY PERSONAL OPINION WOULD BE FOR THE CITY OF HUBER HEIGHTS, TERM LIMITS WOULD NOT BE A GOOD IDEA JUST DUE TO OUR LACK OF CANDIDATES THAT WE'VE HAD IN RECENT ELECTIONS.
UM, AND THE FACT THAT THE VOTERS CAN TERM LIMIT ANYBODY IN A YEAR, UH, VOTERS CAN, CAN HAVE THEIR VOICE AND AND ELIMINATE THEM.
UM, THE OTHER THING I KNOW YOU GUYS WILL BE DISCUSSING, UH, AT THE NEXT MEETING, UH, THAT I JUST AGAIN WANNA GO ON RECORD, IS THE, UM, ABILITY TO RUN FOR ELECTION FROM A SAFE SEAT.
UM, YOU KNOW, OUR DISCUSSION LAST MONTH OR LAST MEETING REGARDING THAT, UM, I THINK THAT IS JUST SUCH A DIVISIVE THING AND CAN ONLY DO DAMAGE TO A COUNCIL AS WE SAW.
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UM, OR BE IN FAVOR OF ANYTHING THAT WOULD ELIMINATE THE ABILITY TO RUN FROM A SAFE SEAT.I THINK ONCE THEY FILE THAT PETITION FOR THAT SEAT, THEY SHOULD BE REMOVED FROM THEIR CURRENT POSITION AND HAVE A LITTLE BIT OF TEETH IN IT INSTEAD OF CAUSE DIVISIVENESS THROUGH A TENSE ELECTION.
AND THEN IF THEY LOSE, HAVE TO WORK TOGETHER, UH, I JUST THINK THAT IS PRETTY UGLY.
UM, SO THOSE, THAT'S MY OPINION ON THOSE.
AND AGAIN, UH, I'LL TRUST THAT THE COMMISSION WILL, WILL COME UP WITH GREAT DECISIONS AND TRUST THAT MS. SUMMERS WILL BE LEADING THE WAY STRONGLY.
UH, BUT UNLESS THERE IS ANYTHING FURTHER FROM THE COMMISSION THIS EVENING, THEN WE WILL MOVE TO ADJOURN AT SEVEN 30.