Wrapping up the first Charter Review Committee meeting on Dec. 9, the group was shown several provisions from the charter that could be adjusted.
Levelland City Attorney Slater Elza presented multiple examples that are within the city’s current charter that need to be revamped to be within state statute. Elza also explained that by seeing tangible examples this would give the committee members an idea of what they can suggest in regard to changes to the charter in the next meeting, which is set for Dec. 17.
A provision with much discussion revolved around Article IV-Section II regarding the city manager and the overall outline of responsibilities of the position.
The current charter gives the city manager the authority to employ all employees except the city secretary, chief of police, tax collector and assessor and city attorney.
Elza explained that the glaring change that needed to be made to the provision is that the tax collector and assessor are now a part of the county.
Speaking to the committee, Elza added as the city manager is responsible for the entire budget, the manager should hire the city secretary and police chief.
Elza explained that the city manager position is responsible for how the city runs, how the various departments treat the citizens and keeping the entire operation within budget.
“You want a professional running things, somebody who has the time and expertise to pay attention to those things and someone who can pivot and make decisions on short notice,” explained Elza. “If this person is going to be responsible for budgets, accountability and for oversight, it is very hard to not give him or her the authority to run the organization as it needs to be run.”
Elza acknowledged that some individuals may feel that might be a lot of power for one individual. However, he also added that hiring the proper individual is what resolves those issues.
“Ultimately all power comes back to the city council because they control the checkbook,” said Elza. “It is not about going around the council. It is about being efficient and it is about professionalism. Additionally, we have to ask the question, will we be able to hire good people in the future for that position if they do not have the power and authority they need to run things well?”
Elza circled back to the council and their responsibility of hiring positions. He explained that the council should be in charge of hiring three positions which entail the city manager, municipal judge and the city attorney.
He added that the council hiring the municipal judge is a form of separation of power and the city attorney position is to protect the council.
The recommended provision by Elza was as follows: In cooperation with the city attorney, to see that all laws and ordinances are enforced.
Except as otherwise herein provided, to appoint and remove all heads of department and subordinate officers and employees of the city; all appointments to be upon merit and fitness along, and in the classified civil service all appointments to be subject to the civil service provisions of this charter.
To exercise control over all departments and subdivisions thereof created by this charter, or that may hereafter be created by the council, except as hereinafter provided.
To see that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and upon knowledge of any violation thereof to call the same to the attention of the city attorney, whose duty it shall be to take such steps as may be necessary to enforce the same.
To attend all meetings of the council, with the right to take part in the discussion, but having no vote.
To recommend to the council for adoption such as measures as he may deem necessary or expedient.
To keep the council at all times fully advised of the financial condition and needs of the city.
To act as budget commissioner and as such prepare and submit to the council the annual budget after receiving estimates made by the directors or heads of the various departments of the city. To see to it that city lives within its budget.
Either personally or by one or more assistant city managers designated by the city manager, to execute all documents, contracts and legit instruments on behalf of the city as provided by this Charter or by the ordinances or resolutions of the council passed in pursuance thereof.
To perform such other duties as may be prescribed by this Charter, or by ordinance or resolution of the council.
The next provision addressed was Aticle IV-Section IV regarding nepotism. Elza explained the current charter prohibits employment of any person related to them by blood or marriage.
He explained that with a city this size the language is too broad and should specifically lay out the prohibited relationships.
The recommended language states: the City of Levelland shall comply with state nepotism law regarding which persons are not qualified to be appointed to any office, position, clerkship, or other service of the city.
Elza brought Article IVSection V regarding city manager bond to the attention of the committee. He explained that the current charter has set the bond amount at $5,000.
He added that the amount is no longer adequate.
“We have to have them and they do serve a purpose,” said Elza.
The recommended language states: The city manager and any person performing the duties of custodian of city funds shall each give official bonds in such sums as may be prescribed by the Council from time to time by ordinance; such bonds shall be payable to the City of Levelland and shall, in each instance, be conditioned for the faithful discharge of duties of such officers. Such bonds shall be procured from an accredited survey company, authorized to do business under the laws of the State of Texas, and the premiums to such surety companies shall be paid by the city. All official bonds shall be approved by the Council and filed and recorded with the city secretary.
The next provision brought to the committee’s attention was Article V-Section III regarding qualifications. The current Charter requires a candidate to have resided in their district for six months prior to the first day on which candidates may submit their application to be on the ballot.
Elza added that the current trend is to make this time period 12 months.
Additionally, the current charter sets forth application deadlines. He recommended that the provision and all election related provisions be amended to say state law will govern.
In hand with following state law, Elza highlighted Article VSection VI regarding canvassing. He added that the current charter sets the canvassing date for elections at the next regular meeting of the Council.
Elza explained that provision is another that is recommended to simply incorporate state law or to allow this to also be addressed at a specially called meeting.
Article V-Section VII (A) regarding dates is similar in nature. Elza explained the Charter sets forth, “first Saturday of the month of May” and also sets forth that elections will be held in accordance with state law, “except as otherwise herein expressly provided.”
The remedy to this provision would be amending the language to take out the specific date and eliminate, “except as otherwise herein expressly provided.”
In Section VII (B), the Charter states the council will determine the runoff election dates. The recommendation for that section is for the language to say it will follow state law.
Elza explained that the provisions regarding elections, runoffs and dates should follow state law to be considerate of all that are allowed to vote. Those would include service men and women who reside within the county but are not within the country. Following those state issued dates would provide ample time for those individuals to receive their mailed ballot and have the opportunity to return them.
For Article V-Section VIII, regarding officers, Elza explained the language can have different meanings and is not clear.
The charter states that elected and appointed officers of the city will take the oath of office and execute bond as may be required by the Charter, ordinances or resolution.
It was recommended that the amendment states all officers of the city that are required to take the oath to do so.
Also, it was recommended to leave bonds other than city manager and financial employees to the discretion of the Council.
Elza explained that the use of may and shall in the Charter is contradicting and the decision for who to take the oath can be problematic because law enforcement takes an oath or the municipal court judge. Also, Elza stated he has never heard of a city manager taking an oath during his time as an attorney.
Article V-Section VIII regarding vacancies was discussed as well. Elza explained he was surprised by what the charter states.
The charter states a special election is required to fill any vacancy.
“This could really leave you in a bind,” said Elza. “Here is what we know, we want the individual to run in the election to be only for the unexpired term.”
Changing the language to follow state law allows for more flexibility, according to Elza.
State law would allow the council to appoint a replacement.
“This ultimately comes down to having trust in your city council,” said Elza. “Somebody could die or move and this gives the Council maximum flexibility.”
City Secretary Andrea Corley also mentioned that council may take into account election costs. She explained that the City of Levelland has an election every year and an additional election could add another $6,000 to $10,000 investment.
Article V-Section XII, regarding compensation was a topic of discussion. Currently the council members receive $25 a month and $50 a month for the mayor.
Elza provided several examples of what he has seen in other councils and explained he was more concerned about the committee’s thoughts.
Committee Member Stephen Henry offered his opinion saying individuals should run for positions because they would like to provide their service and do not do it for a paycheck.
Multiple members shared their agreement with Henry on the topic with discussion including more examples Elza has seen during his time with other cities.
Wrapping up the meeting, Elza shared his eagerness to meet with the committee in their next meeting to see if the committee members had any ideas or had any questions after looking over the current city charter.