Charter Review Commission Meeting

CHARTER REVIEW COMMISSION Municipal Building Multi-Purpose Room 201 West Gray Norman, Oklahoma Monday, August 12, 2019 5:30 p.m. 1. Overview of Amendment No. 1 to Resolution No. R-1819-66 establishing the Charter Review Commission. 2. Discussion of Article II, Section 1, of the City Charter to consider increasing the monthly stipend provided for the Mayor and Councilmembers. 3. Discussion of Article II, Section 1, of the City Charter to consider adding reimbursement for cell phone expenses as additional compensation received by City Councilmembers. 4. Discussion of Article II, Sections 2, 5, 6, and 14 of the City Charter to consider whether the term of office for Councilmembers should be changed from two to three years and whether the term of office for Mayor be changed from three to four years. 5. Discussion of Article II, Section 2, of the City Charter to consider whether the term of office for Councilmembers and Mayor should expire on the last Tuesday of the month in which a runoff election is held or scheduled to be held. 6. Discussion of Article II, Section 10, of the City Charter that would require a sitting Councilmember to resign their position at the time he or she files for another City, State or Federal elected office. 7. Discussion of Article II, Section 10, of the City Charter that would require a candidate for City Council to reside in the Ward in which he or she seeks election for a minimum of six months prior to filing for said office. 8. Discussion of Article II, Section 22, of the City Charter to consider allowing the outgoing Councilmember creating the vacancy to appoint his or her successor, unless such vacancy has been created due to removal from office as a result of proceedings by a Court of competent jurisdiction. 9. Miscellaneous Discussion. 10. Adjournment. It is the policy of the City of Norman that no person or groups of persons shall on the grounds of race, color, sex, religion, national origin, place of birth, age, familial status, disability, retaliation, or genetic information, be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination in employment activities or in all programs, services, or activities administered by the City, its recipients, sub-recipients, and contractors. In the event of any comments, complaints, modifications, accommodations, alternative formats, and auxiliary aids and services regarding accessibility or inclusion, please contact the ADA Technician at 405-366-5424, Relay Service: 711. To better serve you, five (5) business days’ advance notice is preferred.  ITEM 1 AMENDMENT TO R-1819-66  ITEM 2 ARTICLE II, SECTION 1 Increasing Council stipend  CHARTER REVIEW COMMISSION August 12, 2019 Article II, Section 1 – Stipend increase for Mayor and Councilmembers. Background: The 2005 CRC unanimously recommended a compensation increase for the Mayor and Councilmembers. The City Council did not elect to include the compensation increase in a municipal vote. In 2015, Article II Sec. 1’s verbiage changed from “compensation” to “stipend” per the CRC’s recommendation. However, the 2015 CRC did not consider changing the actual stipend amount. The most recent proposed stipend increase appeared in the Resolution No. R-1819-66 drafted in December 2018. No specific increase amount was requested. A chart comparing Norman’s stipend amount with other cities’ stipend amounts/salaries is attached for the CRC’s review. The cities cited on the chart are all cities in Oklahoma that are of similar size, population, and proximity to metropolitan areas. Proposed Change: There is no specific proposed language or stipend amount at this time.  Stipend Increase Comparison Chart Mayor City Citation Monthly Stipend/ Salary Attendance Fee Per Meeting Total Yearly Stipend/Salary Norman Charter Art. II Sec. 1 $50 $10 Approx. $840-$1,200 (Current) *Each regular council meeting and special meeting. Total monthly stipend may not exceed $100. Stillwater Charter Art. II Sec. 2-3 No Salary $100 Approx. $2,400 *Each regular council meeting only Oklahoma City Charter Art. II Sec. 33 $2,000 n/a $24,000 Edmond Code Tit. II Chapter $500 n/a $6,000 2.04.040 Midwest City Charter Art. III Sec. 5 $400 n/a $4,800 Lawton Code Art. 2-1-1-103 $1,250 n/a $15,000  Stipend Increase Comparison Chart Councilmembers City Citation Monthly Stipend/ Attendance Fee Per Total Yearly Stipend/Salary Salary Meeting Norman Charter Art. II Sec. 1 $50 $10 Approx. $840-$1,200 (Current) *Each regular council meeting and special meeting. Total monthly stipend may not exceed $100. Stillwater Charter Art. II Sec. 2-3 No Salary $50 Approx. $1,200 *Each regular council meeting only Oklahoma City Charter Art. II Sec. 33 $1,000 n/a $12,000 Edmond Code Tit. II Chapter 2.04.050 $350 n/a $4,200 Midwest City Charter Art. III Sec. 5 $300 n/a $3,600 Lawton Code Art. 2-1-1-103 $416.69 n/a $5,000  ITEM 3 ARTICLE II, SECTION 1 Cell phone reimbursement  `CHARTER REVIEW COMMISSION August 12, 2019 Article II, Section 1 – Reimbursement for Cell Phone Expenses as Additional Compensation. Background: Adding reimbursement for cell phone expenses as additional compensation for Councilmembers is a new proposal. Past CRC’s have not considered this issue. The proposed change first appeared in the Resolution No. R-1819-66 drafted in December 2018. A chart comparing Norman’s allowed additional compensation with other cities’ allowed additional compensation is attached for the CRC’s review. The cities cited on the chart are all cities in Oklahoma that are of similar size, population, and proximity to metropolitan areas. Proposed Change: There is no specific proposed language at this time. If adopted, this change would allow for Councilmembers to be reimbursed for cell phone expenses they while performing their municipal duties.  Cell Phone Expenses as Additional Compensation Comparison Chart City Citation Language Cell Phone Expenses Explicitly Included Norman Charter Art. II Sec. 1 There is no language that allows for No (Current) compensation or reimbursement of expenses incurred as a result of City business. Stillwater Charter Art. II Sec. “No other remuneration or salary shall be No 2-3 paid other than direct out-of-pocket expenses incurred while actually performing City of Stillwater business.” Oklahoma Charter Art. II Sec. 9 “The Mayor and Councilmen may receive No City reimbursement for actual and necessary expenses incurred in traveling on business of the City, but only when so directed by a resolution passed by two-thirds roll call vote of the entire Council-elect, duly recorded and made prior to the incurring of said expenses.” Edmond Charter There is no language that allows for No compensation or reimbursement of expenses incurred as a result of City business. Midwest Charter Art. III Sec. “The mayor and councilmembers may also No City 5 be reimbursed for their actual and necessary expenses incurred on business for the city when approved by the mayor and council.” Lawton Code Art. 2-1-1-103 There is no language that allows for No compensation or reimbursement of expenses incurred as a result of City business.  ITEM 4 ARTICLE II, SECTIONS 2, 5, 6 AND 14 Terms of Office for Council  CHARTER REVIEW COMMISSION August 12, 2019 Article II, Section 2 – Term increase for Mayor and Councilmembers. Background: This term increase is a novel issue for the CRC. The proposed change first appeared in Resolution No. R-1819-66 drafted in January 2019. A chart comparing Norman’s term lengths with other cities’ term lengths is attached for the CRC’s review. The cities cited on the chart are all cities in Oklahoma that are of similar size, population, and proximity to metropolitan areas. Proposed Change: There is no specific proposed language at this time. Article II Sections 2, 5, 6, and 14 of the Charter are subject to amendment. The Amendment would have the effect of increasing the Councilmembers’ term from two years to three years and increasing the Mayor’s term from three years to four years.  Term Lengths Comparison Chart City Citation Councilmember Mayor Term Length Term Length Norman (Current) Charter Art. II Sec. 2 2 Years 3 Years Stillwater Charter Art. VI Sec. 6- 4 Years 4 Years 1 Oklahoma City Charter Art. II Sec. 2 4 Years 4 Years Edmond Charter Art. II Sec. 9 4 Years 2 Years Midwest City Charter Art. III Sec. 1 4 Years 4 Years Lawton Charter Art. C-6 Sec. 1 3 Years 3 Years  ITEM 5 ARTICLE II, SECTION 2 Council Swearing-In  CHARTER REVIEW COMMISSION August 12, 2019 Article II, Section 2 – Mayor and Councilmember’s Term Expiration. Background: Prior to 2003, the terms of the Mayor and Councilmembers expired “at the time fixed for the last regular meeting of the Council in April”. In 2003, voters approved the current language that sets the expiration of mayoral and councilmember terms on the first Tuesday of July. A chart comparing Norman’s current term expiration date with other cities’ term expiration date is attached for the CRC’s review. The cities cited on the chart are all cities in Oklahoma that are of similar size, population, and proximity to metropolitan areas. Proposed Change: There is no specific proposed language at this time. The language cause the Mayor and Councilmembers’ term of office to expire on the last Tuesday of the month in which a runoff election is held or is scheduled to be held.  Expiration/Beginning of Terms Comparison Chart City Citation Expiration/Beginning of Terms Norman Charter “The terms of Councilmembers chosen to represent Council wards two (2), four (4), six (6), and eight (8) shall (Current) Art. II Sec. expire on the first Tuesday of July of the next even numbered year after their election.” 2 “The term of Councilmembers chosen to represent Council wards one (1), three (3), five (5), and seven (7) shall expire on the first Tuesday of July of the next odd numbered year after their election.” “The term of office of the Mayor elected at regular elections, shall be three (3) years. The term of the Mayor shall expire on the first Tuesday of July and each three (3) years thereafter.” Stillwater Charter “The terms of the mayor and other councilors shall begin at noon (12:00 p.m.) on the first Monday following Art. VI certification of the election results by the election board secretary.” Sec. 6-1 Oklahoma Charter “Councilman from each ward shall then be elected, whose term of office shall be four years, and shall hold office until City Art. II Sec. their successors are elected and qualified” 2 Edmond Charter “A general city election shall be held in said City on the first Tuesday in April, 1959, and each two years thereafter, to Art. II Sec. fill the office of mayor, who shall assume his duties on the first Monday in May following his election. 11 A general City election shall be held in said City on the first Tuesday in April, 1959, and each four years thereafter, to fill the offices of councilman for ward one and councilman for ward two, who shall assume their duties on the first Monday in May following their election. A general City election shall be held in said City on the first Tuesday in April, 1961, and each four years thereafter, to fill the offices of and councilman for ward three, and councilman for ward four, who shall assume their duties on the first Monday in May following their election.” Midwest Charter “The terms of the mayor and other councilmen shall begin at 7:30 p.m. on the first Monday after the time prescribed for City Art. III the general election of the year in which they are respectively elected.” Sec. 1  Expiration/Beginning of Terms Comparison Chart Lawton Charter “Beginning with the second Monday in January 2013 and the second Monday in each January thereafter the term of Art. C-6 office for the mayor or councilmember shall begin for their respective term . . . .” Sec. 1  ITEM 6 ARTICLE II, SECTION 10 Council Vacating Seat to run for other office  CHARTER REVIEW COMMISSION August 12, 2019 Article II, Section 10 – Resignation upon Filing for another Elected Office. Background: In 2005, subsequent to the 2005 CRC report, four councilmembers suggested an additional change to the Charter that would have required City employees running for partisan political office to take a leave of absence upon filing for office. City Council did not send any such language forward for a vote. The 2012/13 CRC recommended adding language to the Charter stating that any employee seeking elected office may be required to take a leave of absence as prescribed by the Code of Personnel Manual, and such language was adopted by the voters in 2015. Although previous CRC’s have considered how to best address employees who run for elected office, the proposal requiring a sitting Councilmember to resign upon filing for another City, State, or Federal elected office is a novel issue. 51 Okla. Stat. § 6 prohibits dual office holding such that a sitting City Councilmember cannot also serve as mayor, state representative, federal representative, etc. State law also provides that candidates may file for no more than one office at any one election. 26 Okla. Stat. § 5-106. A chart comparing Norman’s current Charter provisions regarding current councilmembers filing for another elected office with other cities related provisions is attached for the CRC’s review. The cities cited on the chart are all cities in Oklahoma that are of similar size, population, and proximity to metropolitan areas. Proposed Change: There is no specific proposed language at this time. The change would require a sitting councilmember to resign their position when he or she files for another City, State, or Federal elected office.  Filing for/Holding Two Positions City Citation Language Norman n/a n/a (Current) Stillwater Charter Art. IX Sec. 9-5 “Except as may be otherwise provided by this charter or by ordinance, the same person may hold more than one office or position in the city government. The city manager may hold more than one such office or position, through appointment by himself or herself, by the city council or by other city authority having power to fill the particular office or position, subject to any regulations which the city council may make by ordinance; but he or she may not receive compensation for service in such other offices and positions. Also the city council by ordinance may provide that the city manager shall hold ex officio designated administrative offices subordinate to the city manager as well as other designated compatible city offices, notwithstanding any other provisions of this charter.” Oklahoma Charter Art. II Sec. 8 “No person holding office or employment under the United States Government or the State of Oklahoma, City notaries public excepted, or any other State, or municipality, shall hold any office or regular employment under this City of whatever kind or nature, except that a member of a Federal, County or State Advisory Board or Commission may hold office or serve on a City Board or Commission of this City.” Edmond n/a n/a Midwest n/a n/a City Lawton Charter Art. C-8 Sec. 7 “Except as may be otherwise provided by this Charter or by ordinance, the same person may hold more than one office in the city government. The city manager may hold more than one such office, through appointment by himself, by the council, or by other city authority having power to fill the particular office, subject to any regulations which the council may make by ordinance, but he may not receive compensation for service in such other offices. Also the council by ordinance may provide that the city manager shall hold ex officio designated offices subordinate to the city manager as well as other designated compatible city offices, notwithstanding any other provision of this Charter.”  ITEM 7 ARTICLE II, SECTION 10 Residency in Ward prior to filing for City Council  CHARTER REVIEW COMMISSION August 12, 2019 Article II, Section 10 – Requiring a Person to Reside in a Ward for a Minimum of Six Months in order to be an Eligible Candidate for a Councilmember Position. Background: Currently, in Article II Section 2, the Norman Charter requires that a councilmember candidate reside in Norman for six months prior to filing for office. There is not a specific ward residency requirement in the Charter at this time. A ward residency requirement for councilmember candidates has not been considered by past CRCs. The proposed change first appeared in the Resolution No. R- 1819-66 drafted in December of 2018. A chart comparing Norman’s current ward residency requirement with other cities’ policies is attached for the CRC’s review. The cities cited on the chart are all cities in Oklahoma that are of similar size, population, and proximity to metropolitan areas. Proposed Change: There is no specific proposed language at this time. The change would require a candidate to reside in a Ward for a minimum of six months in order to be an eligible candidate for that ward’s councilmember position.  Residency Requirements of Councilmembers Comparison Chart City Citation Language Minimum of Six Months Residency in Ward Norman Charter Art. II “For purposes of filing and election to the positions of City Council, only persons who have been duly No (Current) Sec. 2 registered to vote in accordance with state law within the City of Norman for the six months prior to the date of the municipal election and reside in the ward from which they seek election, on the date of their filing, shall be eligible to seek election to the City Council.” Stillwater Charter Art. II “Only qualified registered voters of the City of Stillwater who have resided within the City of Stillwater No Sec. 2-1 for a period of six (6) months immediately preceding the date of filing and who are twenty-one (21) years of age shall be qualified for the offices of mayor and councilors and they shall have these qualifications from and after the time when they file for office or are selected to fill vacancies.” Oklahoma Charter Art. II “No person shall be eligible to the office of Mayor or Councilmember unless he or she be a citizen of the Yes City Sec. 6 United States and of the State of Oklahoma, at least 21 years of age, a qualified voter in The City of Oklahoma City, a resident of the ward for which representation is sought for at least six months, and shall have been for three years immediately preceding such election a resident of The City of Oklahoma City or an area which has been annexed to and has become a part of the City.” Edmond Charter Art. II “No person shall be eligible to be mayor, or councilman unless he be a citizen of the United States and of No Sec. 9 the State of Oklahoma, a freeholder in the City of Edmond, at least twenty-five years of age, a resident of said City at least one year next prior to his election, and a qualified voter of said City and Ward from which he seeks election” Midwest Charter Art. II “Councilmen shall be qualified electors of the city at least twenty-five (25) years of age, must have been No City Sec. 2 residents of the city for at least one (1) year next preceding their election or appointment to fill vacancies, and must at the time of their election or appointment to fill vacancies be residents in good faith of the respective wards from which they are elected or appointed.”  ITEM 8 ARTICLE II, SECTION 22 Process for filling Council vacancies  CHARTER REVIEW COMMISSION August 12, 2019 Article II, Section 22 – Filling Vacant Council Positions. Background: Whether to allow an outgoing councilmember to appoint their successor or to hold a special election to fill the empty position is a novel issue for the CRC. The proposed change allowing an outgoing councilmember to appoint their own replacement came in the form of an amendment to the Resolution proposed by Councilmember Castleberry on April 18, 2019. The Resolution was subsequently amended by Councilmember Petrone to include a proposed change that would mandate a special election in the case of a vacant councilmember position. A chart comparing Norman’s current policy for filling vacant positions with other cities’ policies is attached for the CRC’s review. The cities cited on the chart are all cities in Oklahoma that are of similar size, population, and proximity to metropolitan areas. Proposed Change: There is no specific proposed language at this time.  Vacancies in Council Comparison Chart Norman Charter “Any vacancy occurring on the City Council shall be filled by a majority vote of the remaining Replacement appointed (Current) Art. II members of the City Council, for a period extending until the next regular municipal election, at by council, but a special Sec. 22 which time an election, conducted as provided by this Charter and applicable State law, shall be election is held if the held to fill any balance of the unexpired term; provided, however, if the City Council does not fill council fails to appoint a the vacancy by appointment within sixty (60) days after the same occurs, it shall be mandatory on replacement within 60 the part of the City Council to call and schedule a special election to fill the vacancy for the days unexpired term, which election shall be held for the election of a City Councilmember, only, and said election shall be conducted in the same manner as a regular municipal election.” Stillwater Charter “The city council, by majority vote of its remaining members, shall fill vacancies in its own Replacement appointed Art. II membership, including the office of mayor, for any unexpired term. by council. A special Sec. 2- If the city council fails to fill a vacancy in its membership within sixty days after the vacancy election is held if the 10 begins, then the mayor and councilors shall issue a proclamation calling a special election to fill the council fails to appoint a vacancy for the unexpired term.” replacement within 60 days. Oklahoma Charter “Whenever a vacancy occurs in the Council by reason of death, resignation, incapacity, or removal A special election is City Art. II of a member, the Council shall, within 30 days after the occurrence of such vacancy, by a majority held. Council appoints a Sec. 4 vote, appoint a qualified person to fill the vacancy in the Council. The appointee shall serve in such person to fill the vacancy capacity only until a person has been duly elected to fill the vacated office at a special or regular during the election. Council election. . . .” Edmond Charter “If the office of mayor, or any councilman shall become vacant for any cause, the mayor and Replacement appointed Tit. II council shall appoint some eligible person to fill such vacancy, who shall hold said office until the by council Sec. 12 next general City election, when such vacancy shall be filled as in the case of an original election, but only for the unexpired part of the term of said office.” Midwest Charter “The council, by majority vote of its remaining members, shall fill vacancies in its own Replacement appointed City Art. II membership, including a vacancy in the office of mayor, for the unexpired terms. . . .” by council Sec. 8 Lawton Charter “The council, by majority vote of its remaining members, shall fill by appointment, vacancies in Replacement appointed Art. C- the office of mayor and in its own membership until successors are elected for the unexpired term by remaining 2 Sec. of that office at the next possible municipal election.” councilmembers 10