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WANT TO GET GOING[Charter Review Committee on November 28, 2023.]
TO ADJOURN? SURE.THIS MEETING OF THE GARLAND, UH, CHARTER REVIEW COMMITTEE IS GAVEL INTO WHATEVER.
FIRST ITEM ON THE AGENDA, APPROVAL OF THE MINUTES.
ANYBODY GET A CHANCE TO READ 'EM? IT LOOKS CORRECT TO ME.
IF NOBODY'S GOT NOTHING, I CAN MAKE A MOTION TO APPROVE.
OH, THIS WILL BE A TOUGH ONE, FOLKS.
AND FOR THE RECORD, THERE'S NO CITIZEN IN THE AUDIENCE HERE, SO WE WILL NOT HAVE PUBLIC COMMENTS.
ITEM THREE A, CONSIDER CHANGES FOR COUNCIL.
SECTION FOUR RELATED TO REVISING THE POWERS GRANTED TO COUNSEL RELATED TO PLANNING AND ZONING MATTERS.
AND WE HAVE THAT SOMEWHERE IN HERE.
SO THIS IS, UH, ONE THAT Y'ALL CONSIDERED AT THE LAST MEETING WHEN YOU ASKED US TO TAKE A SHOT AT REDRAFTING THE, THE TAIL END OF THE PROPOSED SECTION, UH, TO JUST REFERENCE THE POWERS REFERENCED ABOVE.
AND SO THAT'S THE LANGUAGE THAT WE'VE DONE BASED ON THE, THE DIRECTION LAST TIME.
IS YOUR, DOES YOUR MIC NEED TO BE ON? OH, I GUESS IT COULD BE.
TRACY WAS LOOKING OVER HERE, SO I'M GOING
CUT ME ON THE SHOULDER NEXT TIME.
SO THIS IS, UH, BASED ON THE DISCUSSION LAST TIME AND DIRECTION GIVEN BY THE COMMITTEE TO STAFF OF, UH, REDRAFTING.
SO THIS IS WHAT WE BELIEVE Y'ALL WERE DIRECTING STAFF TO DO, BUT YOU WANTED TO LOOK AT IT BEFORE YOU APPROVED IT AS A BODY.
SO HERE IT IS FOR YOUR CONSIDERATION.
LOOKS BUNCH OF LEGAL CRAP TO ME.
THAT, THAT'S ON THE RECORD, HUH? MIX IT.
'CAUSE THEY REALLY DON'T UNDERSTAND IT.
VILLE CITY CAN DO WHAT THEY WANT TO DO AS LONG AS WITHIN STATE LAW.
SECOND, WE HAVE MOTION TO APPROVE THE WONDERFUL WORDING PRESENTED TO US.
ALL IN FAVOR? ANY DISCUSSION? ALL IN FAVOR.
I SORRY, CHAIR, JUST FOR OUR RECORD.
WHO WAS THE SECOND ON THAT ONE? MS. DOTSON.
AND ITEM B, CONSIDER CHANGES FOR COMPOSITION SPECIFICATIONS OF BOARDS AND COMMISSIONS, INCLUDING ARTICLE 11.
SECTION ONE RELATED TO COMPOSITION OF THE PLAN COMMISSION.
SO IS THIS BASED OFF OF MY S YOU KNOW, DEAL ABOUT ALTERNATES THEN? THIS IS JUST THE LANGUAGE AS IT WAS IN THERE.
WE HAVEN'T ACTUALLY CHANGED ANYTHING.
THAT'S, BUT IT WAS THE DIRECTION GIVEN AT THE LAST SESSION WAS THAT BECAUSE THIS WAS A NEW ITEM FOR Y'ALL TO CONSIDER, THAT WAS NOT PART OF THE CHARGE.
IT WAS PUSHED A MEETING SO THAT Y'ALL COULD THINK ABOUT IT AND THEN BRING YOUR THOUGHTS BACK TO DISCUSS AS A COMMITTEE.
I THINK AT THE LAST MEETING, THE POINT WAS MADE THAT FOUR MEETINGS HAD BEEN CANCELED OF THE PLAN COMMISSION.
AND I BELIEVE THREE OF THOSE WERE DUE TO LACK OF ACTIONABLE ITEMS FOR AN AGENDA.
AND I, I ONLY REMEMBER ONE, BUT THEN I AM OLD.
UH, THAT WAS FOR LACK OF A QUORUM, HUH? YEAH.
I, COMMISSIONER ROSE, I THINK ONE YEAR IS NOT LONG ENOUGH TO BE A CITIZEN OF GARLAND.
ISN'T THAT'S ALL THAT'S REQUIRED OF COUNSEL? I DON'T KNOW.
I'M AT, I JUST, IF IT IS, THEN THAT OUGHT TO CHANGE TOO.
I HEAR WHERE YOU'RE COMING FROM, BUT I THINK A YEAR IS SUFFICIENT.
AND THE REASON WHY IS BECAUSE THIS IS SUCH A MOBILE SOCIETY NOW, AND WE NEED PEOPLE WHO WANT TO BE INVOLVED.
AND MOST PEOPLE HAVE ONLY BEEN HERE A YEAR, DON'T EVEN KNOW ABOUT THESE COMMITTEES.
OR THEY DON'T USUALLY KNOW TO INTERACT WITH OUR LOCAL MUNICIPALITY UNTIL THEY'VE BEEN HERE A WHILE.
UNLESS THEY WERE ACTIVE IN A PREVIOUS CITY AND THEN RELOCATED HERE AND WANNA BE SIMILARLY ACTIVE.
WOULD IT BE BETTER TO SAY A MINIMUM OF ONE YEAR AS OPPOSED TO A LEAST ONE YEAR? IT'S A LEGAL THING THERE, I THINK.
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SAME THING.IT'S THE, IT WOULD HAVE THE SAME EFFECT, SIR.
SO BACK TO THE IDEA OF THE ALTERNATES.
'CAUSE I'VE ALREADY MADE THE MISTAKE ONCE
UM, THINKING THAT THROUGH, I HAVE NOT BEEN ABLE TO GET PAST THE IDEA THAT IF WE DO HAVE ALTERNATES, UH, THAT GIVES SOME BLOCK OR SOME INDIVIDUAL COUNCIL PERSON OR SOME MAYOR ADDITIONAL SWAY ON A QUASI JUDICIARY COMMITTEE OR BOARD.
AND I, I HAVEN'T BEEN ABLE TO GET AROUND THAT.
BUT MORE TO THE POINT OF HITTING OUR QUORUMS, I WENT BACK AND STARTED LOOKING FOR WHAT OUR POLICY WAS ON ABSENTEEISM AND, AND THINGS LIKE THAT.
THERE'S NOTHING IN THE CHARTER AND THERE'S NOTHING IN COUNCIL POLICY, SURPRISINGLY, UH, THAT ADDRESSES THAT TOPIC.
I BELIEVE THE ONLY PLACE IT'S ADDRESSED IS IN BOARD BYLAWS, AND I DON'T HAVE OURS WITH US.
MY SUGGESTION WOULD BE THAT WE, UH, LEAVE THE CHARTER AS IS ON THAT POINT, AND THEN ASK THE COUNCIL TO ESTABLISH AN ATTENDANCE POLICY.
AND THE REASON I THINK THAT WORKS IS BECAUSE IF THE COUNCIL HAS VOTED AS A MAJORITY TO PASS AN ATTENDANCE POLICY THAT SATISFIES THE REQUIREMENT WITHIN THE CHARTER THAT A MAJORITY OF THE COUNCIL MANAGE THE APPOINTEES THAT THE COUNCIL HAS APPOINTED.
UH, AND THAT GIVES THEM THE AUTHORITY TO SET THAT METRIC OF, YOU KNOW, IF YOU DON'T SHOW UP TO YOUR MEETINGS, IT CREATES A VACANCY IN THE OFFICE AND WE CAN REPLACE YOU, BUT WITHOUT IT REQUIRING A POSITIVE ACTION ON THE, ON THE PART OF THE COUNCIL TO GO AND REMOVE YOU.
UH, I THINK THAT THAT KIND OF FIXES TWO ISSUES AT ONCE.
ONE OF BEING, YOU KNOW, CALL THE INACTIVE FOLKS OUT OF THIS, OUT OF THESE THINGS.
AND NUMBER TWO, IF WE'RE CONSISTENTLY NOT HITTING A QUORUM, WELL THAT'S A PROBLEM WITH THE MEMBERS THAT NEEDS TO BE ADDRESSED.
UM, AND THAT'S KIND OF WHERE I'VE COME OUT ON IT.
I LIKED THE A THE CONCEPT OF THE ALTERNATES.
I REALLY DID, BUT I COULDN'T FIGURE OUT A WAY TO DO IT, WAY TO IMPLEMENT IT WITHOUT CREATING POWERS, WITHOUT CREATING A POWER SHIFT.
IT HAS NOTHING TO DO WITH ALTERNATES.
WELL, IT, IT IS PART OF THE CONSIDERATION COMMISSION.
THE COMPOSITION OF THE PLAN COMMISSION.
THAT, THAT'S WHY I ASKED FIRST.
'CAUSE I WAS PRETTY SURE I WAS WRONG TOO, BUT HE SAID I WAS RIGHT.
SO I, I THINK, I THINK HE'S RIGHT.
I THINK REY SAID, YOU'RE RIGHT.
THAT'S WHY I ASKED
ANY, ANY OTHER DISCUSSION ON THE COMPOSITION OF PLAN COMMISSION? AND I, I HAVE A TENDENCY TO AGREE.
'CAUSE THERE WAS ONE PITFALL I SAW, AND IT IS, AND NOT THAT WE'VE EVER SEEN POWER STRUCTURES GET FORMED IN THIS CITY.
IF A VACANCY OCCURS UPON THE, UPON THE PLAN COMMISSION, THE COUNCIL MEMBER FROM THE AFFECTED DISTRICT OR THE MAYOR, AS THE CASE MAY BE, INSTEAD OF THE CASE MAY BE, I'D RATHER IT SAY IF IT AT LARGE MEMBER TO DE DESIGNATE THAT THE AMERICAN ONLY APPOINT THE, A LARGE MEMBER.
THAT'S, YOU KNOW, I, I THINK THAT'S UNDERSTOOD.
BUT INSTEAD OF SAYING AS THE CASE MAY BE, THAT'S NOT CLEAR TO ME, IT'S CLEARER IF IT'S SPECIFICALLY SAYS IF AN A LARGE MEMBER, WELL, W UH, UH, I'LL ASK, UH, LEGAL, WOULD THIS NAIL IT DOWN ENOUGH TO WHERE THE MAYOR JUST COULDN'T SAY, APPOINT SOMEBODY FROM DISTRICT ONE OR FOUR? THERE'S A VACANCY.
I'M READING IT WHERE I SEE YOUR POINT.
THE COUNCIL MEMBER FROM THE AFFECTED DISTRICT.
OR THE MAYOR THAT POINTS AN AT LARGE.
THE MAYOR NEVER APPOINTS A SINGLE DISTRICT.
IT SAYS, UH, THE COUNCIL PERSON OR THE MAYOR, YOU KNOW, AS CASE AS THE CASE MAY BE, AS THE CASE MAY BE, IT MAY BE THE COUNCIL PERSON OR THE MAYOR WHO APPOINTS.
SO DOES THIS KIND OF GIVE THE, UH, MAYOR AUTHORITY TO APPOINT, TO APPOINT A COUNCIL PERSON FROM ANOTHER DISTRICT? IT'S A TECHNICALITY, BUT UH, IT'S SOMETHING THAT'D PROBABLY BE ARGUED AT A COURT, A COUNCIL MEMBER FROM THE AFFECTED DISTRICT.
SO IF DISTRICT ONE IS VACANT, IT'S THE COUNCIL MEMBER FOR DISTRICT ONE, NOT THE MAYOR.
BUT THIS SAYS IT MIGHT BE THE MAYOR OR THE MAYOR AS THE CASE MAY BE.
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ONE THROUGH EIGHT, IT IS THE MAYOR.THAT'S THE REASONABLE INTERPRETATION OF IT.
BUT WHAT IS, WHAT ARE THE WORDS? YEAH.
WELL, THE, AS THE CASE MAY BE REFERENCES BOTH THE COUNCIL MEMBER FROM THE AFFECTED DISTRICT AND THE MAYOR IS HOW IT WOULD BE READ.
SO IF YOU'RE INTERPRETING IT, IT'S THAT IT'S THE COUNCIL MEMBER FROM THE AFFECTED DISTRICT OR THE MAYOR AS THE CASE MAY BE IN THE SENSE OF, DEPENDING ON WHICH VACANCY IS UP, THE APPOINTEE, THE APPOINTER OF THAT APPOINTEE WHO HAS CREATED THE VACANCY WOULD BE THE ONE TO FILL THE VACANCY.
IS THAT THE WAY THIS READS? YES, SIR.
IN LEGALESE, LEGALLY, MAYBE, BUT NOT
NOT, NOT TO US ON LEGAL BRAINS.
SO IF THIS A, A SIMILAR TYPE OF WAY YOU COULD WORD IT WOULD BE THE COUNCIL MEMBER, OR IN THE EFFECTIVE DISTRICT, OR THE MAYOR RESPECTIVELY, IS SOMETHING SIMILAR THAT YOU WOULD USE IN A, IN A, LIKE A CONTRACT CLAUSE.
AND BACK WHEN THIS WAS DRAFTED, THEY JUST HAPPENED TO USE AS THE CASE MAY BE.
UM, SO IF I WASN'T, I WASN'T HERE WHEN THEY DRAFTED IT, BUT LEGALLY, IT'S JUST TO SPECIFY THAT YOUR ADVICE TO THE COUNCIL, SAY A, A DISTRICT FOUR COMES UP AND THAT COUNCILMAN IS OUT FOR A COUPLE MEETINGS AND THE MAYOR COMES, OH, I'LL JUST NOMINATE SOMEBODY OR SAY, NO, YOU REALLY CAN'T DO THAT, MR. MAYOR, WOULD THAT BE YOUR ADVICE? RIGHT.
I WONDER IF RESPECTIVELY WOULD BE MORE CLEAR THAN AS THE CASE MAY BE.
I THINK IT CLARIFIES IT TOTALLY.
GET RID OF AS THE CASE MAY BE.
IF IN THAT LARGE MEMBER YEAH, YOU'RE JUST GOING, YOU'RE NAMING NAMING THE POSITION.
IT WOULD BE, OR THE MAYOR'S AT LARGE MEMBER.
YOU COULD NO, IT, THAT WOULD BE REDUNDANT.
SO, OR THE AT LARGE IT WOULD READ COUNCIL MEMBER FROM THE AFFECTED DISTRICT OR THE, THE MAYOR IN THE CASE OF THE AT LARGE MEMBER SHALL LIKE THAT SHALL NOMINATE A COMMISSIONER.
IF WE DON'T HAVE POLICIES ALREADY ABOUT ATTENDANCE, SHOULD THAT BE THE PLACE WE START ASKING THE COUNCIL TO SET ATTENDANCE POLICY? BUT THAT'S NOT, THAT'S NOT, THIS IS, THIS IS ABOUT A VACANCY THAT, UH, UH, OCCURS FOR ANY REASON.
COMMISSIONER LEAVES THE, AT LARGE OH, OH AT LARGE.
UH, THE MAYOR'S ALWAYS APPOINTED AN AT LARGE, APPOINTED AN AT LARGE MEMBER FOR PLAN COMMISSION.
UM, AS THEIR NINTH PERSON, ALL THIS IS DOING IS CLARIFYING.
YOU'RE JUST CLARIFYING THE MAYOR'S RULE ABOUT NEED TO WRITE.
WHO CAN, YOUR WORDS OR THE AT LARGE POSITION? MM-HMM.
THE MAYOR'S AT LARGE POSITION THAT THE MAYOR'S AT LARGE POSITION AND THE AT LARGE COMMISSIONER SHALL BE NOMINATED BY THE MAYOR.
AND THAT'S IN SECTION A THERE, HERE.
SO THAT DEFINES THE MAYOR'S APPOINTEE.
I'M GONNA PLAY DEVIL'S ADVOCATE FOR JUST A SECOND HERE.
UM, AS ONE WHO WRITES JOURNALISTICALLY, NOT LEGALLY OKAY,
AND THEY, THEY WOULD FIGHT FOR THAT, I WOULD IMAGINE.
AND SINCE IT COSTS, YOU KNOW, HOW MANY THOUSANDS OF DOLLARS TO, UH, PRINT IT UP IN A PAPER, I'M NOT CERTAIN THAT IT'S A GOOD POINT, BUT I I, IT'S AN EXCELLENT, EXCELLENT POINT.
I'M NOT CERTAIN IT'S, IT'S WORTH THE CHANGE, BUT IS IT WORTH PUTTING THIS ON THE BALLOT FOR ONE SMALL PHRASE? I'M WITH YOU ON THAT ONE.
YOU CAN'T ELIMINATE IT BECAUSE THEN IT IS, THEN IT IS CONTRADICTORY BECAUSE THEN IT READS THE COUNCIL MEMBER OR THE MAYOR CAN APPOINT THOSE PEOPLE AND WE DON'T WANT THAT.
BUT I, ALL I'M ASKING IS, IS, IS THIS POINT OF CONFUSION ISSUE ENOUGH TO, TO MESS WITH CREATING A, A, A PROPOSAL ON THE BALLOT FOR IT AND THE SITUATION'S NEVER COME UP.
WELL, OH, YOU KNOW, SOMEBODY WILL BRING IT UP.
JUST SURE AS YOU SAY THAT, DON'T SAY THAT
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MAYOR, OTHERWISE IT WOULDN'T, NOW I'VE GOTTA RUN FOR MAYOR TO, UH, IT HAS BEEN QUESTIONED TWICE.YOU KNOW, THERE'S BEEN TWO WAYS SO FAR THAT WE'VE HAD TO INTERPRET IT.
IF WE SAY, INSTEAD OF AS THE CASE MAY BE, SAY, IF AN AT LARGE MEMBER CLARIFIES THAT COMPLETELY.
BUT DOROTHY, YOU WERE SAYING THAT SECTION A A SORT OF ALREADY FRAMES THAT FOR US.
AND THIS IS JUST THE LANGUAGE IN SECTION E IS JUST SORT OF REFERRING BACK TO WHAT'S ALREADY BEEN ESTABLISHED IN A RIGHT.
AND, AND THAT'S MY ONLY POINT.
AND I'M NOT SAYING THAT THE POINT OF CONFUSION SHOULDN'T BE CLARIFIED.
I'M JUST SAYING HOW BIG A DEAL IS THIS.
BUT WE HAVE, IF WE HAVE THE OPPORTUNITY TO SUGGEST WE MAKE IT A LITTLE BIT MORE CLEAR, THEN WHY DON'T WE YEAH.
SEND IT TO COUNSEL AND ALL GOTTA DO IS LET COUNSEL MAKE THAT DECISION.
SO I DON'T WANNA HEAR A FULL CONSENSUS OR ANYTHING.
SO WHAT'S THE WORDING THEN? THE CORRECTED WORDING.
SO YOU WANNA PROPOSE A CORRECTED WORDING AND COUNSEL CAN DO WITH IT WHAT THEY MAY
IREGARDLESS AS THE CASE MAY BE
UH, ARE WE GONNA CHANGE THE WORD? WHERE DID YOU LEAVE LOAN? UH, WE'RE GONNA PROPOSE CHANGE, CHANGING THE WORDAGE AND LET, LET LET THE COUNCIL MAKE THE, UH, FINANCIAL DECISION AS TO WHETHER THEY WANT TO TAKE CARE OF IT.
AND IT WOULD BE, OR THE MAYOR'S AT LARGE MEMBER AS THE CASE MAY BE.
YOU KNOW, THOSE THREE AT LARGE MEMBER OR THE MAYOR'S AT LARGE MEMBER, WE ADDING APOSTROPHE S AND THREE WORDS, I THINK WOULD TAKE CARE OF IT.
BUT, AND TAKE OUT AS THE CASE MAY BE.
I DON'T, I DON'T, THE MAYOR HAS TO BE THERE.
WE'VE ALREADY DECIDED THERE THAT THE, UH, EIGHT MEMBERS ARE DESIGNATED BY THE CITY COUNCIL.
THE ONLY THING LEFT NOW WOULD BE THE MAYORS AT LARGE.
I DON'T THINK WE HAVE TO RESTATE IT.
JUST SAY THE AT LARGE MEMBER OR AN AT LARGE MEMBER.
WELL, IN, IN THAT SENTENCE, WE'RE DEFINING THAT THE COUNCILMAN, UH, APPOINT THEIR DISTRICT ONE.
AND SO WE WOULD JUST BE USING THAT SAME METHODOLOGY.
THE MAYOR APPOINTS HIS AT LARGE ONE.
IT'S IT'S ALMOST A CLEAR, IT'S, IT'S, I SAY THAT I, I'D RATHER, IF WE'RE CHANGING IT, I'D RATHER KEEP THE MAYOR AT LARGE.
I WOULDN'T WANNA LEAVE MAYOR OUT.
'CAUSE THEN I THINK YOU GET TO THE SAME, YOU GET THE OPPOSITE SORT OF POTENTIAL FOR MISINTERPRETATION.
I'M NOT GOING TO, I'M NOT GONNA DIE.
'CAUSE THE INTER LEGAL INTERPRETATION IS, BUT I'M ALSO FINE WITH LET THEM DECIDE.
LET'S GIVE 'EM I'M GOOD WITH THAT TOO.
LET THEM JUST SAY, YEAH, I DON'T THINK SO.
WELL, THAT'S THE PURPOSE OF THOSE IN, IN, IN THE WORLD IN NEGOTIATION.
THIS COULD BE OUR THROWAWAY TOO.
YOU KNOW WHAT I'M TALKING ABOUT.
I KNOW WHAT YOU'RE TALKING ABOUT.
YOU, YOU, YOU KNOW, PUT AIR THAT'S ON THE RECORD AND THEY SAY, WELL, WE NEED TO GET RID OF SOME, OH, LET'S GET RID OF THIS ONE.
AND YOU GIVE 'EM SOMETHING TO ARGUE OVER.
ARE, ARE WE BACK NEXT WEEK FOR ONE FINAL WRAP UP MEETING? UH, WE'LL, WE'LL SEE AT THE END OF THIS MEETING.
I WAS GONNA SAY, IF SO, SHOULD WE WAIT FOR THE LANGUAGE? WAIT FOR THE LANGUAGE? YEAH.
WELL, I THINK WE'RE AT NOW ALL WE'RE DOING IS GIVING DIRECTION FOR LANGUAGE AND YEAH.
UM, DO I HEAR ANY KIND OF CONSENSUS? WE NEED TO GIVE THAT KIND OF LANGUAGE YEAH.
WE HAVE A MOTION AND A SECOND TO REWORK THE LANGUAGE AND HAVE IT AT OUR NEXT MEETING, WHICH HOPEFULLY WILL BE OUR LAST MEETING BEFORE GOING TO COUNCIL HALL IN FAVOR.
OPPOSED? I THINK, I THINK THAT'S, YEAH.
I THINK THAT'S, UH, UNANIMOUS.
C CONSIDER CHANGES TO ARTICLE THREE.
SECTION TWO RELATED TO THE QUALIFICATION OF CITY COUNCIL MEMBERS.
DID WE TAKE OUT THE, IN ARREARS OF UNITS WILL TAX FOR ANY SPECIFIC REASON? I DON'T KNOW THAT I WANT SOMEBODY REPRESENTING.
IT'S NOT EN IT'S NOT ENFORCEABLE.
I COULDN'T RE I WAS GOING, I WAS GONNA ADD THAT Y'ALL ASKED US TO, TO LOOK AT THE, THE FELONY.
ADDING THE FELONY THING AND, AND SPEAKING WITH OUR CITY ATTORNEY AT THE TIME.
HE IS LIKE, WELL IF WE'RE CHANGING THAT SECTION ANYWAY, LET'S
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CLEAN IT UP BECAUSE THAT'S NOT ENFORCEABLE.WHY IS IT NOT ENFORCEABLE? HERE COME REPRESENT ME.
I GUESS IT'D BE PUTTING A, UM, FINANCIAL LITMUS TEST ON YOUR ABILITY TO EXERCISE YOUR FIRST AMENDMENT OR SOME OTHER SUCH THING THAT THE NINTH CIRCUIT AGREED ON.
I IS THAT WHY YOU TOOK OUT CLASS A MISDEMEANOR AS WELL? WELL, UM, THE CLASS A MISDEMEANOR BACK WHEN THIS WAS ORIGINALLY DRAFTED, IF YOU GO BACK TO THE TIME, REALLY THE CLASS A MISDEMEANORS ARE NOW STATE JAIL FELONIES.
AND SO FELONIES CAPTURE THAT NOW.
IT'S 'CAUSE YOU'VE NEVER I WAS GONNA ASK WHAT, WHAT IS, WHAT ARE SOME EXAMPLES OF A CLASS A MISDEMEANOR? SO WE KNOW WHAT WE'RE WRITING OUT.
I KNOW BAD CHECKS I THINK IS ONE BAD CHECK.
IS A CLASS A IF YOU, IF THEY, IF THEY PROSECUTE.
I, I JUST, WHAT ARE YOU? YEAH.
WHAT ARE YOU SAYING? I'M TRYING TO FIGURE OUT IF WE'RE GONNA CHANGE CLASS A TO BAG CHECK.
I, I WAS LIKE, NOT AN AIRLINE THING.
IT DEPENDS ON WHAT YOU'RE CHECKING, I THINK.
UM, SIM, SIMPLE ASSAULT, UM, THEFT BETWEEN SEVEN 50 AND 2,500.
THOSE ARE CLASS A MISDEMEANORS.
ALL BEEN ROLLED UP IN A FELONY.
IS THAT WHAT YOU'RE SAYING? BUT YOU SAY THOSE ARE, THEY'RE NOT FELONIES ACCORDING, THOSE ARE NOT FELONIES NOW THEY'RE THE ONES THAT USED TO BE CLASS A MISDEMEANORS ARE NOW MOST OF THOSE ARE STATE JAIL FELONIES.
THIS ARE STILL NOW THESE ARE STILL NOW CLASS A'S YES.
AND I WOULD BE TEMPTED TO KEEP THE CLASS A MISDEMEANOR IN THERE.
PROHIBITION IN THERE AS WELL AS THE FELONIES.
DO WE WANT THE CAR, THE CAR BURGLARY TO HOLD PUBLIC OFFICE? I DON'T COMMISSIONER.
WELL, THERE WAS NO TIME LIMITATION ON THIS EITHER.
WOULD THAT GO BACK TO JUVIE, YOU KNOW, JOY RIDING AND STUFF.
THE RECORD'S BEEN EXPUNGED BECAUSE THEY WERE A JUVENILE THEN.
HOW ABOUT IF THEY'RE 18? IT WOULD DEPEND ON THEIR RECORD.
DO I SEE A SHAKING OF HEADS OR ANYTHING? I AGREE.
LEAVING CLASS A IF YOU DON'T HAVE TO PAY YOUR TAXES OR UTILITIES, WHY CAN'T YOU JUST BREAK INTO A CAR? THEN YOU STEAL THE MONEY TO PAY YOUR UTILITIES AND IT'S A SU VICIOUS CYCLE.
NOW IF THEY OWE BETWEEN 750 AND $2,000 IN TAXES AND UTILITIES, WOULD THAT BE CONSIDERED THE THEFT? WHICH IS A CLASS A MISDEMEANOR.
LORI, CAN YOU KICK HIM?
UNFORTUNATELY DUE TO PROSECUTORIAL DISCRETION, I CAN'T DECIDE.
I CAN'T TELL YOU WHETHER THE, UH, WHETHER THE PROSECUTOR WOULD TAKE IT.
YOUR GRAND JURY IS RIGHT HERE.
CLASS A'S ARE, UH, CLASS A'S ARE A ARE OUT OF MUNI COURT.
MUNI COURT ONLY HANDLES CLASS C'S.
SO
I MIGHT HAVE HIT A NERVE THERE.
UH, DOES, DO YOU WANT, DOES THAT MEAN WE CAN'T INCLUDE, UH, LET CLASS A MISDEMEANOR? WELL, DO WE WANT INCLUDE CLASS A MISDEMEANORS OR, OR NOT? I'D LIKE TO.
I'LL GO WITH THE MAJORITY AND YOU'LL LET US KNOW.
FOR SOME REASON WE'RE CREATING A CLASS A MISDEMEANOR BY EXCLUDING CLASS A MISDEMEANORS.
UH, OTHER THAN THAT, UH, DOES THE WORDING LOOK GOOD? YES.
CAN YOU PUT THE WORD REPROBATE IN THERE? 'CAUSE I JUST LIKE THAT WORD
AND I WANNA RUN FOR AN OFFICE IN THE GARLAND COUNCIL.
I, I YOU, WHY CAN'T THAT BE ONE OF THE CRITERIA THAT YOU DON'T OWE THE COUNTY OR THE CITY ANY MONEY? I, I'M, I'M CONFUSED ON WHY IT'S CONSIDERED IT, IT GOES UP TO STATE LAW, THOUGH.
THAT'S NOT SOMETHING THAT WE CAN ENFORCE AS PART OF OUR OH, IT'S QUALIFICATION.
BECAUSE THEY DON'T PAY THEIR TAXES.
WELL, NO, THEY SPEND MY TAXES.
ANY OTHER DISCUSSION? ANY KIND OF MOTION? SO MOVED SECOND
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WITH THE CHANGE TO, WITH THE CHANGE.THE, THE MOTION IS TO APPROVE THE CHANGES HERE WITH THE ADDITION OF A CLASS A MISDEMEANOR WORDED IN THERE.
ALL IN FAVOR? OH, I WAS LIKE, OH, MIKE HAS SOMETHING TO SAY.
I ABOUT SAY WE'RE ALL STARTING TO VOTE BEFORE IT'S EVEN ASKED FOR PRETTY MUCH.
AND THEN, UH, CONSIDER CHANGES TO, YEAH.
SO THIS ONE WAS RAISED AT THE LAST MEETING.
UM, THIS WAS ACTUALLY A GENERAL PROPOSITION THAT WAS PUT FORWARD, UH, DURING THE LAST CHARTER AMENDMENT.
AND WE INCLUDED THAT IN YOUR BACKUP FOR THE PACKET TONIGHT.
UM, THAT WAS SOMETHING THAT WAS APPROVED.
MOST OF THE CHANGES WERE MADE AT THAT TIME.
SO EITHER, UM, HE OR SHE WAS TAKEN OUT AND REPLACED WITH THE TITLE OR, OR SHE OR HE OR WAS ADDED TO THE REFERENCE.
THERE HAVE ONLY BEEN, I THINK, THREE THAT WERE MISSED THAT ROUND.
UM, ONE OF THEM IS IN, UH, ARTICLE THREE, SECTION FOUR TALKING ABOUT MAYORAL POWERS.
BUT THAT IS ONE THAT Y'ALL HAVE ALREADY RECOMMENDED.
WE CHANGE DUE TO THE DEPUTY MAYOR, UH, PRO TEMS. SO WE CAN EASILY GO BACK IN AND ADD A, HE SHE, AS THIS PROGRESSES, UM, IF Y'ALL WOULD LIKE, UM, THE OTHERS HAVE TO DO WITH, UM, THE POWERS AND DUTIES OF THE CITY MANAGER.
SAY HE, AND THERE'S A SIMILAR PROVISION IN THE CITY ATTORNEY SECTION THAT JUST SAYS HE, INSTEAD OF HE OR SHE.
I THINK THOSE WERE JUST MISSED LAST TIME.
UM, BECAUSE OF IT BEING AN ITEM THAT WAS PASSED LAST TIME.
UM, I THINK THAT'S SOMETHING THAT WHEN IT COMES BACK AROUND, IT CAN EASILY BE FIXED.
WE WERE KIND OF AHEAD OF OUR TIME.
I DIDN'T REALIZE HOW MUCH WE ACTUALLY DID AT THE LAST, WHEN A LOT OF THIS WAS LEGAL DRIVEN THOUGH, RIGHT? AS THE, AGAIN, THE STATEMENT.
AND THAT WAS, THAT WAS BACK WHEN THEY COULD DO THINGS A LITTLE MORE GENERAL ON THEIR PROPOSITIONS THAN WE CAN NOW
RIGHT? SO, BUT IF, IF Y'ALL WOULD LIKE, IF Y'ALL WOULD LIKE US TO GO AHEAD AND MAKE THE CHANGE SPECIFICALLY FOR ARTICLE ARTICLE THREE, SECTION FOUR, BECAUSE WE'RE ALREADY GOING TO BE CHANGING THAT SECTION ANYWAY.
Y'ALL COULD DO A MOTION A SECOND AND A VOTE REAL QUICK AND THEN THAT WOULD HANDLE THAT.
AND WE'LL, WHEN WE BRING UP, BRING UP EVERYTHING AT YOUR FINAL MEETING TO JUST KIND RECAP, WE'LL HAVE THAT CHANGE INCLUDED IF Y'ALL WOULD.
SO DESIRE, MOTION TO DO ALL IN FAVOR OF THE CITY ATTORNEY'S MOTION.
SEE, I'M JUST TRYING TO MAKE YOU FEEL PART OF THE GROUP HERE.
UH, ANY FUTURE AGENDA ITEMS DONE? NOW'S YOUR TIME TO ASK QUESTIONS ABOUT THE NEXT MEETING.
LET'S TALK ABOUT THE NEXT MEETING.
UH, LET'S TALK ABOUT A SCHEDULE AS A WHOLE.
OUR NEXT MEETING WE COULD HAVE NEXT TUESDAY, I THINK.
AND WE SHOULD BE ABLE TO AGREE ON ALL THE VERBIAGE AND EVERYTHING.
AND THEN SCHEDULE SOMETHING FOR COUNSEL, RIGHT? THAT WORKS FOR US.
UM, SO THE ONLY THING OUTSTANDING REALLY FROM TONIGHT WOULD BE, UH, THE ONE ITEM RELATED TO THE PLAN COMMISSION, UH, ITEM THREE B.
WE WILL WORK ON LANGUAGE FOR SEC SUBSECTION E AND BRING THAT BACK.
UH, BUT OTHER THAN THAT, WE'VE GOT ALL OF THE CHANGES THAT Y'ALL HAVE RECOMMENDED.
AND WE HAVE A RED LINE, UH, OUR PLAN FOR YOUR FINAL MEETING, UH, WHETHER THAT'S THIS ONE OR WE, WE DIDN'T KNOW HOW MANY MORE ITEMS YOU MAY THROW OUT THERE TONIGHT.
BUT IF YOUR NEXT MEETING'S LAST MEETING THAT WORKS FOR US, WE WILL HAVE A RECAP OF ALL OF THE CHANGES THAT Y'ALL HAVE VOTED IN YOUR MEETINGS UP TILL NOW TO PROPOSE TO COUNCIL AS RECOMMENDATIONS.
AND SO JUST TO MAKE SURE THAT WE AS STAFF HASN'T MISSED ANYTHING.
AND ALSO TO GIVE, LEMME PUT IT THIS WAY, WHOEVER FROM THE BOARD MAY BE GIVING THE UPDATE TO COUNCIL IN A WORK SESSION, A RECAP, UM, AND HELP PREP FOR THAT BEFORE WE START PREPPING THAT PRESENTATION.
YEAH, I WAS GONNA ASK IF YOU WERE GONNA GIVE US, YOU KNOW, UH, A BRIEFING BEFORE YOU KNOW, THE FINAL EXAM.
AND, AND THEN WHOEVER IS GONNA BE THAT PRE GIVE THAT PRESENTATION FROM THE BOARD CHAIR, IF YOU DECIDE TO DELEGATE, UM, THAT IS YOUR, THAT IS YOU
UH, WE, WE ON STAFF WILL BE HAPPY TO MEET WITH THAT PERSON LEADING UP TO THE, UH, WORK SESSION, GO OVER THE PRESENTATION.
AND NOW I'LL TURN THIS OVER TO THE ATTORNEY,
WELL, AND AS MR. LEVINE, I BELIEVE YOU'RE UP AS WE REVIEW EVERYTHING NEXT WEEK, ANY THOUGHTS OF PARTICULAR THINGS YOU WANT ME TO STATE TO THE COUNCIL SAYING OUT OF THIS DISCUSSION CAME THIS AND THIS, LET ME KNOW AND I WILL INCLUDE THAT.
I'M, I'M NOT HERE TO VOICE, I WON'T BE THERE TO VOICE IT.
MY OPINIONS, IT'LL BE Y'ALL'S OPINIONS.
AND I THINK THAT'S PART OF THE, A A AN IMPORTANT PART OF THE PRESENTATION TO COUNCIL IS THAT Y'ALL HAVE HAD A LOT OF GOOD DISCUSSION AND ESPECIALLY ON SOME OF THOSE THAT CAME FROM THE COUNCIL CHARGE.
BUT Y'ALL DISCUSSED IT THOROUGHLY AND DECIDED THAT, YOU KNOW, NO, THIS IS SOMETHING THAT WE DO NOT RECOMMEND A CHANGE ON.
THOSE ARE JUST AS IMPORTANT AS THE ONES YOU ARE RECOMMENDING
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TO CHANGE BECAUSE YOU, YOU, YOU HAVE A REASON AS A GROUP OF WHY YOU DECIDED THAT.AND I THINK THAT IS DEFINITELY PART OF THE PRESENTATION TO BE MADE.
AND AT THE NEXT MEETING, YOU KNOW, I WANNA RECAP SO I CAN WRITE DOWN THE PROS AND CONS AND GIVE 'EM THOSE REASONS.
WHEN IS THE PRESENTATION GOING TO BE MADE TO THE COUNCIL? THAT HAD NOT BEEN, WE DON'T HAVE, WE DIDN'T HAVE A DATE FOR THAT BECAUSE WE DIDN'T KNOW HOW LONG Y'ALL WERE GONNA GO, UM, IN DECEMBER OR IT WELL, IT WOULD, IT, I DON'T KNOW IF WE ARE IN TIME.
THE, THE CHARGE WAS THAT Y'ALL WERE GONNA COME BACK AT THE FIRST ONE IN JANUARY.
UM, WE, WE CAN STILL VERY EASILY MAKE THAT.
UM, I THINK WE'VE MISSED THE CUTOFF TO TRY TO DO IT BECAUSE THEY, THEY DON'T HAVE IT ON THE THIRD WEEK OF DECEMBER THIS TIME BECAUSE THEY MOVED IT UP BECAUSE OF CHRISTMAS, UH, THE CHRISTMAS HOLIDAY.
SO BECAUSE THE COUNCIL MEETING WEEKS ARE BACK TO BACK, I THINK WE'VE KIND OF MISSED THE CUTOFF TO TRY TO HIT THAT SECOND DECEMBER ONE.
GET AROUND ALL OF HOLIDAY STUFF TOO.
SO THE, THE, THE PLAN WOULD BE THAT Y'ALL HAVE YOUR FINAL MEETING, GO THROUGH THAT.
WE'LL, UM, HAVE A PRESENTATION FOR Y'ALL THEN TO GO THROUGH IT ALL CHAIR CAN TAKE ALL THE NOTES, AND THEN WE WILL HAVE THIS ON THE WORK SESSION, FIRST WORK SESSION AGENDA IN JANUARY FOR COUNCIL TO CONSIDER.
SOUNDS LIKE A PLAN COUNCIL YOUR QUESTION.
HAVE THEY CONSIDERED THE JANUARY, HE DIDN'T RAISE HIS HAND PRESENTATION? OR ARE THEY STILL THINKING ABOUT DECEMBER? DO YOU KNOW? I'M SORRY, SIR, I DON'T UNDERSTAND YOUR QUESTION.
YOU LOST CONTROL OF THE MEETING THAT HAPPENED A WEEKS AGO.
IT'S ALL WILLY-NILLY NOW HEADING THIS PRESENTATION STILL IN DECEMBER OR ARE THEY NO, NO.
THEY WERE ALWAYS PLANNING ON IT BEING IN JANUARY.
THE CHARGE SAID COME BACK FIRST ONE IN JANUARY.
I WILL BE OUT OF TOWN ON THE 5TH OF JANUARY.
NO, DECEMBER THE NEXT MEETING I BE HERE.
BUT I WILL READ IT ALL AND YOU CAN, YOU CAN SEND, IF I SEE HOW ABOUT A ZOOMER? UH, AND SHE'S, SHE'S PROBABLY GOT FAMILY STUFF AND OTHER THINGS.
ANYWAY, I'M GOING TO DC WITH BATF.
I'LL JUST LET Y'ALL THINK ABOUT THAT ON PURPOSE.
NOT, NOT TO NECESSARILY THROW A WRENCH, BUT IF Y'ALL WERE WANTING TO LOOK, I MEAN, IF THE WORK SESSION FOR COUNCIL ISN'T UNTIL THE FIRST ONE IN JANUARY, YOU COULD NOT MEET NEXT WEEK AND MEET THE FOLLOWING WEEK.
BUT THAT'S UP TO YOU AS A BODY.
AND I'M FINE BECAUSE Y'ALL WILL SEND OUT, I MEAN CERTAINLY YES.
YOU'LL HAVE THE AGENDA AND ALL OF OUR BACKUP YES, MA'AM.
AND ALL THE CHANGES ALL COMBINED TOGETHER.
I JUST DIDN'T WANT YOU TO THINK THAT YOU HAD, Y'ALL HAD TO MEET NEXT WEEK BECAUSE YOU WERE ON A DEADLINE TO DO SOMETHING BY THE FOLLOWING WEEK.
SO HOW, HOW'S EVERYBODY FOR MEETING NEXT WEEK? GOOD.
WEEK AFTER? OR IS THAT TOO FAR? I'M, I'M FINE WITH EITHER ONE.
FLEXIBLE OR ABOUT IF RJS SAYS HE'S FINE, I'M FINE.
THE, THE WEEK AFTER IS WHAT? THE 12TH.
I'M HEADING OUT TOWN ON THE 16TH.
I WAS SAYING I'M FINE IF Y'ALL, THERE'S A CHRISTMAS PARTY.
I SAID IT'S AT THE VERY END SO I'M NOT
LET ME ASK YOU, DO YOU WANT TO GET IT OVER WITH AND JUST DO IT NEXT WEEK AND, UM, SHE CAN GIMME THE NOTES.
THAT'S WHY I WAS SAYING IT DEPENDS ON WHAT YOUR ANSWER IS.
YOU AND I BOTH HAVE A BOARD MEETING ON THE 12TH.
MY ANSWER IS RJS WE'LL MEET NEXT WEEK AND UH, BRING YOUR COMMENT CAPS WITH YOU AND, UH, TELL ME WHAT YOU THINK.
AND, AND THEN WHEN I'M NOT HERE AND SHE HAS TO PRESENT TO COUNCIL
YOU WANT US PRESENT THOUGH WHEN YOU YEAH, IF, UH, IT WOULD BE GREAT IF Y ALL WOULD COME.
'CAUSE I PLAN ON RECOGNIZING ALL OF YOU AND, 'CAUSE THIS HAS BEEN A GREAT GROUP.
I'M, YOU KNOW, IT REALLY HAS BEEN A LITTLE ROWDY
WHAT OUT OF ROWDINESS COMES SOME GOOD, GOOD THOUGHTS AND IDEAS? SO WHEN IS THE, EXCUSE ME, I HEARD SOMEBODY BREED MY NAME OVER THERE.
ALL RIGHT, WELL SEEN AS HOW WE HAVE, IS THERE ANY, ANY OTHER NEW BUSINESS? OH, YOU'RE LIKE, JUST LORI, YOU'RE RIGHT.
ANY OTHER NEW BUSINESS? SOLD BUSINESS MONKEY BUSINESS.
IT IS NOW 7 0 4 AND WE ARE ADJOURNED.