HomeMy WebLinkAboutMinutes - CC - 01/20/2012MILTON CHARTER COMMISSION
January 20, 2012 Meeting
Minutes/Agenda Summary
I. The Chairman called the meeting to order and recognized a quorum at 5:10 p.m.
The following Commission members were in attendance: Ron Wallace, Robert Meyers, and
David Shannon. Gordon Hunter was absent. George Ragsdale was en route.
Others in attendance were City Manager Chris Lagerbloom and City Attorney/Secretary Ken
Jarrard.
II. Approval of Minutes: Approval of January 11, 2012 minutes. A motion and second were
made to approve the January 11, 2012 minutes as approved. Motion approved 3-0.
III. Agenda. Without exception, the Commission agreed to discus three (3) potential Charter
issues – that were to be presented by the City Manager.
IV. Miscellaneous discussion. The Chairman recommended that Charter Commission meetings
be limited to 2 hours, and that no further meetings be held on Friday evenings. Commission
members agreed, without exception. No official action taken.
V. Discussion of Charter issues.
a. Sections 3.25 and 4.10 of the Milton Charter.
City Manager discussed that under the Charter he has the ability to hire department
heads – but that suspending or terminating department head employment involves the
City Council.
- Although this limitation has not yet presented a challenge to the City
Manager, it could present a challenge in the future;
[Commission member George Ragsdale joins meeting at 5:20 p.m.]
- Commission member noted that the reason for the oversight by the City
Council on suspensions and terminations was to place a “check” on the ability
of a City Manager to unilaterally remove gifted department heads;
- City Manager noted that if talented department heads are removed by the
City Manager for no cause – an appropriate method for City Council control is
to remove the City Manager;
- Commission member noted that allowing a department head to go “above the
head” of the City Manager directly to the Council makes for an awkward
leadership structure;
- Commission member noted that the ability of the City Manager to lead staff
would be severely impacted if the City Council overturned a termination or
suspension decision of the City Manager;
- City Manager says that all suspension and termination decision are presently
vetted with the City Attorney;
- Commission member believed that this requirement in the Charter is likely in
need of modification in order to provide the City Manager greater autonomy.
- Preliminary Recommendation: A motion was made and seconded to make a
preliminary recommendation for Charter revision. The proposed Charter
revision would be to the following two sections of the Charter, with
modifications as noted via the edits below –
Section 3.25. The City Manager shall, “Have the authority to hire persons to
act as department heads or directors and fill other positions designated by
ordinance or resolution and appoint and, when the city manager deems it
necessary for the good of the city, suspend or remove all city employees and
administrative officers the city manager hires or appoints except as provided
by law or personnel ordinances adopted pursuant to this Charter. The city
manager may authorize any administrative officer who is subject to the city
manager’s direction and supervision to exercise these powers with respect to
subordinates in that officer’s department office or agency.”
Section 4.10(e). “The city manager may suspend or terminate directors or
department heads, so long as the City Attorney reviews the facts supporting
suspension or termination and concurs such action is appropriate. The
director involved may appeal to the city council which, after a hearing, may
override the suspension. Any removal of a director shall be by the city
council.”
Motion approved 4-0.
[Bylaws: A motion and second were made to approve the bylaws that had been discussed at
the January 11, 2012 meeting. Motion passed 4-0. Bylaws were signed by all members
present].
b. Sections 3.22(b)(4) of the Milton Charter.
City Manager stated that all Milton contracts must be signed by the Mayor. City
Manager observed that while often this is not a problem, for small purchases and time
sensitive purchases, it can present an impediment to timely conducting the business of
the City.
- City Attorney noted that Georgia law requires contracts to be approved by the
governing authority and spread on the minutes;
- Commission member questioned whether it was formal approval or simply
spreading upon minutes that is required;
- Discussion also ensued regarding whether, in light of State law, this was an
issue the Charter Commission could fix;
- Consensus was that the Charter Commission could recommend a modest
change to the Charter that would at least provide the City Manager and City
Attorney the ability to fashion creative and lawful solutions to this issue;
- One Commission member observed that the requirement that all contracts be
approved by the governing authority, irrespective of dollar amount, seemed
quite unworkable and perhaps a recommendation should be made to the
General Assembly that the state law on this topic needs to be revisited.
- Preliminary Recommendation. A motion and second were made to
recommend a revision to section 7.18 of the Charter as follows, with the
proposed modifications noted in the edits below:
Section 7.18. The mayor shall, “Sign as a matter of course on behalf of the city
all written and approved contracts, ordinances, resolutions, and other
instruments executed by the city which by law are required to be in writing.
The City Council may delegate contract signing authority to the City Manager
to the extent allowed by law.”
Motion passed 4-0.
c. Sections 1.12 and 6.11 of the Milton Charter.
City Manager advised that Sections 1.12 and 6.11 of the Milton Charter establish an
extremely high threshold for the City to be able to increase the real property millage in
excess of 4.731. The current requirement is that a higher millage must be established
by resolution of the city council and approved by a majority of the qualified voters of the
city.
- One difficulty of this requirement, is that is requires approval of a millage
increase by a majority of the “qualified voters” – which sets the bar extremely
high;
- The City Manager obtained and discussed a report by Mr. Robert Morrison,
First Vice President of Public Finance regarding the practical implications of
this, essentially frozen millage;
- The report concludes that this millage limitation “not only constrains Milton
from an operational standpoint, but will negatively impact future credit
ratings, borrowing costs and amounts.”
- Discussion ensued, with the Commission concluding that this was a
tremendously important issue, and that at the present they did not feel they
had sufficient information to proceed;
- The consensus was to have the City Manager invite Mr. Morrison to attend a
future meeting of the Commission so questions could be asked;
- It was agreed that this should occur before any preliminary recommendation
was made.
No action taken.
Closing
A discussion occurred regarding the agenda for the January 30 meeting. It was determined that
the substantive agenda should be (1) discussion of preliminary recommendations approved at January
20 meeting, followed by a discussion of the following charter items, (2) power of the mayor, (3) term
limits, (4) salaries of elected officials, and (5) ordinance adoption.
A motion and second were made to adjourn. Motion approved 4-0 to adjourn.
Meeting adjourned at 6:42 p.m.
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