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HomeMy WebLinkAbout09/06/83 SSPECIAL CITY COUNCIL MEETING Tape #1 Side 1 5: O0 PM PUBLIC HEARING ON CHARTER AMENDMENT PROPOSALS A special meeting of the City Council of the City of Bremerton, Washington was held in the Council Chambers, 239 Fourth Street, Bremerton, Washington, Tuesday, September 6, 1983, at 5:00 PM, with Council President Art Anderson presiding. Also present were: Councilmen E. Sturdivant, Spencer Horning, Clyde Pachek, Roy Mosely, Phil Drouin, Bill Amo, and Jim Adrian, Mayor Dawkins, Acting City Attorney Mary Killian and City Clerk McCluskey. Councilman Russ Johnson was absent. The meeting opened with the Pledge of Allegiance. The purpose of this called meeting was to review the proposed Charter changes presented by the Council Charter Amendment Committee. President Art Anderson turned the meeting over the E. Sturdivant, Chairman of the Charter Amendment Committee. Mr. Sturdivant introduced Mr. Charles Ullock who presented the '!Redistricting" criteria. He stated that after careful study, conferring with the City Attorney and completing a detailed report the following recommendations are made: That no redistricting be done at this time since the Total Population Deviation is now 2.13%. This is well below the criteria or goal of less than 5% Total Population Deviation. The City Charter, Section 5, page 2, should state that there will be 9 districts and the precincts should be deleted from the Charter and included in an ordinance to govern what precincts are in each District. However, the Charter should include a statement that the To~al Population Deviation shall be maintained at less than 5%. This would be a safeguard from future Council redistricting by the ordinance with no regard to keep district(s) population in balance, at least to 5% or less Total Population Deviation. The ordinance should include the formula for computing Total Population Deviation. Since the new census will not be made until 1980 and the data not available until about 1992, any population increases to the city and therefore to District(s) will use the 1980 census data. Annexation population increases can be determined by Tract and Block from the State's detail map and the 1980 Census Count by Tracts and Blocks. If required redistricting may be required based on a Total Population Deviation of less than 5%. Discussion was held by the Councilmen regarding annexation and affect it would have on bordering districts, dividing districts, possibly relocating the Councilman currently in office and how this would affect his position if it occured. City attorney stated these changes would give Council more power to make decisions. Mr. Drouin raised the question - if a councilman moved out of his district would he be eligible to say in office? Answer - No. Side 2 Lena Swanson, 2123 Snyder, voiced her objection to these recommendations, emphasing that the Court directed the Council to come up with a redictricting plan or the Court would undertake the job. Mr. Ullock restated the position that as long as the Total Population Deviation was less than 5% they were in compliance. Mr. Sturdivant introduced Mr. Tom Rosebraugh who presented the proposed change for "City Clerk" and "City Auditor", with the following recommendations. 1. To shorten the City Clerk's description of duties as follows: "The Mayor shall be charged with the administration of the office of City Clerk. The Clerk shall perform the duties required by this Charter, State law and by ordinance; keep a record of the proceedings of the Council, and of every matter and thing before, presented to, or acted upon by the Council; certify all accounts ordered paid as herein provided; be custodian of the official seal of the City and affix the same to all documents when authorized to do so." The present charter contains invalid information and this simplifies and clearly outlines the required duties and responsibilities. 2. Auditor's position - should come under the Mayor direction as follows: Section 23 - The Mayor shall have charge of the department of finance and shall be responsible for the custody of City funds and monies. He shall be ex-officio treasurer of the City; he shall keep such accounts and make such reports and perfo~ S · Tape . - Side 2 ape #2 :ide 1 6, 1983 other duties as are prescribed by this Charter or by ordinance. tie shall designate one of his assistants as chief assistant andas City Treasurer. He shall have charge, supervision and control of all piers, docks, wharves and municipal buildings and of municipally owned cemeteries. He shall be charged with the supervision of the City Auditor in conjunction with an Auditing Con~ittee. The Auditing Committee shall be comprised of the Mayor, two City Council members to be designated by the City Council, the City Attorney and an independent consultant, who shall be selected by other four members of the Auditing Committee. The City Auditor shall only be removed by a majority of tile Committee as a whole. Jim Adrian raised the question as to "bid limit" and it was explained that in rewriting the Clerk's responsibilities it dropped out and with the rewording complies with the State law giving the City more flexibility in purchasing. The Mayor and City Clerk had voiced their concern previously over the $2,000.00 bid limit and expressed their support of eliminating this segment. Kathleen McCluskey, City Clerk, stated her support of the above recommendation pertaining to the Clerk's and Auditors positions. Mr. Rosebraugh stated that the present City Auditor spends about 80% of his time in accounting duties and if this change is passed serious consideration should be given to making a break in these responsibilities - necessitating two positions rather than one. SECTION 5 - OFFICERS - ELECTION AND TERM OF: Jim Adrian outlined changes: 1. Districts shall be formed by ordinance and they shall be as equal as possible in population size. District lines can be adjusted by the City Council in the event of population shifts and/or changes. 2. Councilman must be resident of City of Bremerton at time of filing for position. 3. Councilman must reside continuously within his district during elective term. 4. Elective term would begin on the first day of January following election. 5. Staggered terms - Districts 2,4,6,8 would be for two years (at time of 1985 election Districts 1,3,5,7,9 shall be elected for four-year terms. From 1987 election forward, municipal elections shall be held every two years, and all council members shall be elected for four-year terms. 6. Mayor Pro Tempore - First Council meeting of each year members shall, by majority vote, designate one of their number, or a qualified registered voter of the City as Mayor Pro Tempore. Powers of this position was discussed and it was brought out that as written, a Mayor Pro Tempore could not dismiss a Department Head until he had been in the Mayor Pro Tempore position for at least 30 days. Bill Amo voiced his objection to bringing in someone from the outside to fill this position. Lena Swanson, 2123 Snyder, expressed her grave concern that the City Council is stepping into Administration territory and felt that City Council should stay out of that portion of the City government. She felt that it was up to the Mayor to select a Mayor Pro Tempore. SECTION 7 - VANCIES: Jim Adrian presented proposed changes: 1. Council position would be deemed vacant in case of failure to qualify withi~ two days after beginning of term for which he was elected, or by reason by death, resignation, removal from office, removal from the City, continuous absenses from the City for more than 30 days during term of office without consent of Council, conviction of a felony, incompetency judicially declared or the occurrence of any other events which are declared by State law to create a vacancy, or if a council member is absent from three consecutive regular Council meetings without being excused by the Council. In the event of an extended absence or disability Council, by majority vote, may appoint a Council member Pro Tempore to serve during the absence. If a Council member is absent more than 30 days in a given year without consent of the Council his salary shall be correspondingly diminished. A vacancy occurring otherwise than by recall, or by resignation after recall petition is filed, shall be filled by appointment by the City Council unless the unexpired term be two years or longer. If, after 30 days, Council is unable to agree upon a person to be appointed to fill a vacancy, Council shall submit the names of two Council nominees to the ~layor, who shall make the appoint of the Councilmember Pro Tempore from those submitted. A vacancy occurring by recall or by resignation after recall petition is filed, shall be filled by special election which shall be held within 60 days after such vacancy occurs. In the event that there are more than four vacancies in the City Council, which are required to be filled by election, the Governor shall he rpquestpd to termporarilv fill surh vaCancip~ frnm qualifipd ~lectors. Se~, Jer 6, 1983 Page a Tape 2 - Side 1 Bill Amo indicated he would like to put the responsibility of removal of a Councilman in the hands of the individual Districts. Lena Swanson, 2123 Snyder, expressed her feelings that the City Council does not have the right to remove a councilman and that each district should be the authority to remove that person. She restated her position that the committee should reconsider the redistricting proposal and Mayor Pro Tempore proposed change. Jim Adrian suggested that if there was a problem in wording it can be taken to committee for a change if so deemed. Spencer Horning explained his feelings regarding the appointment of a City Attorney - that it should coincide with the election of the Mayor. The reasoning behind this was that the Mayor and Attorney work closely together and it~gguld be a workable relationship. If the Mayor is elected and finds that the relationship with the attorney who is in the position, is not workable it presents a problem. By having the attorney's position up for appointment at time of Mayor's election, the Mayor would have the option to extend the appointment of the attorney in the position or select a new one. Lena Swanson, 2123 Snyder, stated that there is the potential possibility for a conflict of interest when the City Attorney advises both the Mayor and Council. CIVIL SERVICE - presented by Mary ~illian, Acting City Attorney: entire Civil Service If the voters approve the/ Charter Changes the City will not be in vilation because of the wording "in substantial compliance of State laws" - giving the city more flexibility. l~a)Number of Commissioners: Changing from 3 to 5 and terms changing f~om ~ix years to three years. (advantage to shortening terms - commissioners give large con~itment in undertaking the duties and making it for shorter period of years required to serve would allow more people to want to serve in this capacity.) 2(b)Personnel Director will have the responsibility for classification of all employees excepting unskilled day laborers temporarily employed, the elective officers and appointive officers. (Any employee can appeal to the Commission if requested). 3(c)All full paid employees of the Fire Department and Police Department of the City shall be included under the provisions of this article, and all existing provisitons of stte law pertainin to such employees shall be complied with by the Commission. IThis allows more flexibi substantially lity with Police and Fire Department personnel). 4(e) Employees within the scope of this article who are in office at the time of the adoption of this Charter shall retain their positions, unless removed for cause. 5. Section 36 - The Commission shall provide for the selection of a secretary and such assistants as may be necessary. The Personnel Director shall not be employed by the Commissio~n any capacity. In the past the Personnel Director had acted in the capacity as Secretary to the omm ssion and he has reported directly to the,ayor on perso pet the feeling has been that this may be a breach of confidentality/~nd someone other than the Personnel Director it will retain the confidental atmosphere required. Kathleen McCluskey asked if the current Personnel secretary would act in the capacity as Secretary to the Commission. Mary Killjan replied that she could as it would not be in violation. Bill Amo asked a question pertaining to selection of the top three applicants verses the top one. Mary Killian indicated that it is stated so in the Charter - having been approved by the former administration. She indicated that the Commission makes the rules and that the Council them approve them. 6. Under Section 36 "and Chief Examiner" has been eliminated - Sa,~tember 6, 1983 Page 4 Tape 2 - Side 1 Section 39 - Tried to clarify who is and who is not in Civil Service. Department Heads have been indicated as not civil service, and can be removed without cause. Also added to this section is "and any other employee exempted from the operation of this Article by the commission". Bill Amo brought up the point that after taking office it was spoken to make the most essential changes to the Charter are these changes to the Civil service that critical? E. Sturdivant indicated that these are key issues that are presently giving the administration problems. Mary Killiam affirmed this fact. Bill Amo voiced his objection again to the rule regarding the selection of the top three applicants verses the top one. Mary Killjan indicated that it is up to the Council to approve these rules and if they wish to change it they can. Nayor's Veto time- The change to this item is"if the Mayor fails for 15 (previously stated 10 days) from date of Council approval to either approve or veto an ordinance, it shall become valid without his approval. Mayor Dawkins commented that he should be able to make a decision within that time frame. Mr. Sturdivant brought up the subject of when these changes will be brought before the Council. He suggested that they be submitted at the next Council meeting, September 7, 1983. Mary Killjan indicated that if they were to make the deadline to get it to the County Auditor it should be handled as timely as possible. Decision was made to present to the Council on September 7, 1983. Meeting Adjourned 7:20 PM. KATHLEEN L. McCLUSKEY, CIT~YERK APPROVED: ART ANDERSON, COUNC~)~PR~I~DENT