Paul Roberts
New member
8/1/24 City Council Meeting, Procedures for Personnel Interaction, page 141: https://d3n9y02raazwpg.cloudfront.n...e5-dd03-46c5-8369-a82e47ed3d16-1721950627.pdf
My meeting notes below:
Dear Mayor and Council Members,
Today, I address an important issue concerning our roles and responsibilities as council members, particularly the interpretation of Sections 3.23 and 4.01 of our City Charter and their relationship with the Interactions ordinance. It is crucial that we ensure our ordinances align with the Charter and uphold the rights of individual council members to obtain information necessary for informed decision-making.
First, let's consider Section 3.23 of our City Charter: "The individual Council members shall have the right to meet with the Mayor to inquire about any matter or issue and with the City Manager or department head to obtain information deemed necessary to make informed decisions regarding the business of the City"(City Charter (PDF)).
This section unequivocally grants each of us the right to seek information directly from the City Manager or department heads. This provision is vital for our ability to fulfill our duties effectively. Without direct access to information, we are hampered in our oversight role and our capacity to make informed decisions that reflect the best interests of our constituents.
Now, let's turn to Section 4.01 of the City Charter: "Except for the purposes of inquiries and investigations under this charter, the City Council or its members shall deal with employees who are subject to the supervision of the City Manager solely through the City Manager"(City Charter (PDF)).
While this section emphasizes the need for council members to interact with city employees through the City Manager, it clearly makes an exception for inquiries and investigations. This exception is crucial as it recognizes that there are instances where individual council members must exercise their right to gather information independently.
Case Law Support:
In Gravel v. United States, 408 U.S. 606 (1972), the U.S. Supreme Court underscored the importance of legislative privilege, protecting the rights of legislators to perform their duties without undue interference. While this case dealt with federal legislators, the principles are broadly applicable. The Court stated, "The Speech or Debate Clause was designed to assure a coequal branch of the government wide freedom of speech, debate, and deliberation without intimidation or threats from the Executive Branch."
Additionally, in Bland v. City of Round Rock, 487 S.W.3d 140 (Tex. App. 2016), the court emphasized the necessity of adhering to charter provisions regarding council interactions with city staff, reinforcing the individual rights of council members to seek information.
I urge my fellow Council members to consider these adjustments to ensure that our ordinance aligns with the intent and provisions of our City Charter.
My meeting notes below:
Dear Mayor and Council Members,
Today, I address an important issue concerning our roles and responsibilities as council members, particularly the interpretation of Sections 3.23 and 4.01 of our City Charter and their relationship with the Interactions ordinance. It is crucial that we ensure our ordinances align with the Charter and uphold the rights of individual council members to obtain information necessary for informed decision-making.
First, let's consider Section 3.23 of our City Charter: "The individual Council members shall have the right to meet with the Mayor to inquire about any matter or issue and with the City Manager or department head to obtain information deemed necessary to make informed decisions regarding the business of the City"(City Charter (PDF)).
This section unequivocally grants each of us the right to seek information directly from the City Manager or department heads. This provision is vital for our ability to fulfill our duties effectively. Without direct access to information, we are hampered in our oversight role and our capacity to make informed decisions that reflect the best interests of our constituents.
Now, let's turn to Section 4.01 of the City Charter: "Except for the purposes of inquiries and investigations under this charter, the City Council or its members shall deal with employees who are subject to the supervision of the City Manager solely through the City Manager"(City Charter (PDF)).
While this section emphasizes the need for council members to interact with city employees through the City Manager, it clearly makes an exception for inquiries and investigations. This exception is crucial as it recognizes that there are instances where individual council members must exercise their right to gather information independently.
Case Law Support:
In Gravel v. United States, 408 U.S. 606 (1972), the U.S. Supreme Court underscored the importance of legislative privilege, protecting the rights of legislators to perform their duties without undue interference. While this case dealt with federal legislators, the principles are broadly applicable. The Court stated, "The Speech or Debate Clause was designed to assure a coequal branch of the government wide freedom of speech, debate, and deliberation without intimidation or threats from the Executive Branch."
Additionally, in Bland v. City of Round Rock, 487 S.W.3d 140 (Tex. App. 2016), the court emphasized the necessity of adhering to charter provisions regarding council interactions with city staff, reinforcing the individual rights of council members to seek information.
Identifying the Conflicts in the Interactions Ordinance
- Section 1.310.3(c):
- Text: "Items or requests that may entail a change in daily operations or procedures shall go through the City Manager. Items or requests that entail a change in the overall policy or an ordinance or resolution of the City shall require Council approval."
- Conflict: This section conflicts with Section 3.23 as it imposes additional steps for requests involving changes in operations or policies, undermining the individual rights to obtain necessary information.
- Proposed Amendment:
- "Items or requests that may entail a change in daily operations or procedures should be communicated to the City Manager. However, this shall not impede the rights of individual Council members as provided in Section 3.23 of the City Charter."
- Section 1.310.3(d):
- Text: "The Council as a whole may ask for information from Staff by making the request to the City Manager during a public meeting."
- Conflict: Suggesting that information requests must come from the Council as a whole limits the individual rights outlined in Section 3.23.
- Proposed Amendment:
- "While the Council as a whole may ask for information from Staff during a public meeting, individual Council members retain the right to seek information directly from the City Manager or department heads as provided in Section 3.23 of the City Charter."
- Section 1.310.4(b):
- Text: "Requests by a Council Member or the Mayor for Staff attendance at a meeting shall be made through the City Manager. The City Manager must approve the request for Staff attendance at the meeting, with due consideration of appropriate location and expense impact. The City Manager shall either meet the request or defer the matter to full council for discussion and direction."
- Conflict: Requiring the City Manager's approval for staff attendance could impede the individual rights of council members as per Section 3.23.
- Proposed Amendment:
- "Requests by a Council Member or the Mayor for Staff attendance at a meeting shall be made through the City Manager, who shall facilitate such requests in accordance with the rights granted in Section 3.23 of the City Charter."
- Section 1.310.4(e):
- Text: "Staff shall notify the City Manager of direct contact by an elected or appointed official concerning the above communication matters."
- Concern: This could discourage staff from communicating directly with council members, potentially making them fearful of reprisals.
- Proposed Amendment:
- "While Staff shall notify the City Manager of direct contact by an elected or appointed official concerning official communication matters, staff members are encouraged to communicate any concerns or issues directly with their elected representatives, ensuring open and transparent communication."
- Section 1.310.9:
- Text: "The operational authority of the City Manager shall not be impeded or infringed upon individual Council Members or Committee members."
- Concern: The City Manager could claim that mere questions and inquiries are a violation of this provision.
- Proposed Amendment:
- "The operational authority of the City Manager shall not be impeded or infringed upon by individual Council Members or Committee members. However, inquiries and requests for information made in accordance with Section 3.23 of the City Charter are not considered an infringement on the City Manager's operational authority."
- Section 1.310.10:
- Text: "The City Attorney is the legal advisor for the Council and all offices and departments of the City with respect to any legal question(s) pertaining to the affairs of the City, and as such is not considered a member of the Staff. The City Attorney represents the City, Council and Staff as a whole and not the individuals who hold the office of Mayor or Council Member, or who are employed by the City."
- Proposed Amendment:
- "The Mayor, Council Members, and City Manager shall not request or direct the City Attorney to initiate an action or prepare any report that is significant in nature, or initiate any significant project or study without the consent of a majority of the Council. Both the City Manager and the City Council shall be informed of any significant project, study, or report prepared by the City Attorney that has been requested by the City Manager, Mayor, or a Council Member. The City Manager shall not prevent the Mayor or Council Members from communication with the City Attorney to obtain legal advice regarding any legislative matter."
- Section 1.310.3(e) - Potential for Walking Quorum:
- Text: "Written materials or written responses to questions or requests for information shall be provided to the entire Council."
- Concern: This could create the potential for a walking quorum or other legal issues related to open meetings.
- Proposed Amendment:
- "Written materials or responses to questions or requests for information shall be provided to the entire Council in a manner that complies with open meetings laws and ensures no walking quorum or other legal violations occur."
Conclusion
These proposed amendments ensure that the Interactions ordinance respects the individual rights of Council members as provided in our City Charter while maintaining the necessary procedural safeguards for efficient city operations. By explicitly acknowledging our rights and providing clear definitions and procedures, we can prevent any misinterpretation and ensure that we all have the information needed to serve our community effectively.I urge my fellow Council members to consider these adjustments to ensure that our ordinance aligns with the intent and provisions of our City Charter.
