[Proposition A Committee on June 25, 2024. ]
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NOW THIS OPPORTUNITY TO PASS THE RULES IS NOT MERELY PROCEDURAL, BUT IT'S PIVOTAL.
IT'S A PIVOTAL MOMENT TO SOLIDIFY OUR COMMITMENT TO TRANSPARENCY, ACCOUNTABILITY, AND TO THE SPIRIT AND INTENT OF PROPOSITION A IN THE WAY THAT IT WAS WRITTEN BY THE VOTERS.
AND I DON'T WANNA STRESS ENOUGH HOW IMPORTANT IT IS TO PASS THESE RULES.
UM, BECAUSE FOR THIS COMMITTEE TO FUNCTION AND US TO BE ABLE TO MOVE FORWARD, WE HAVE TO HAVE A SET OF RULES AND GUIDELINES.
WE KNOW THAT WHEN PROP A WAS WRITTEN, REALLY THE ONLY THING THAT IT SAID IN THE CHARTER AMENDMENT WAS, YOU KNOW, IF THREE OR MORE COUNCIL MEMBERS WANT TO PUT A LAWFUL ITEM ON THE AGENDA, THEY CAN.
UM, BUT THERE'S A LOT OF AMBU, AMBU, AMBIGU AM AMBIGUITY, UH, BEHIND THAT.
SO, SO SOME OF THESE RULES KIND OF JUST GIVE US, UH, AN IDEA OF HOW THIS WILL WORK.
NOW, I DON'T WANT ANYONE TO, UM, FORGET THERE'S THREE DIFFERENT PATHWAYS THAT, YOU KNOW, ITEMS CAN GET ON THE AGENDA.
NUMBER ONE, YOU CAN WORK DIRECTLY WITH THE ADMINISTRATION.
YOU DON'T HAVE TO COME TO THE PROP A COMMITTEE.
UH, YOU CAN WORK WITH THE ADMINISTRATION TO HAVE SOMETHING PUT ON THE AGENDA.
NUMBER TWO, THE SECOND PATHWAY IS THAT THREE OR MORE COUNCIL MEMBERS CAN JUST PUT SOMETHING ON THE AGENDA.
IT DOESN'T HAVE TO COME TO A COMMITTEE AT ALL.
AND THEN THE THIRD WAY IS IT EITHER, YOU KNOW, YOU COULD BRING IT TO COMMITTEE FIRST TO KIND, UM, WORK OUT SOME OF THESE IDEAS, OR MAYBE TO GARNER SUPPORT.
MAYBE ONLY ONE COUNCIL MEMBER HAS, HAS AN IDEA, BUT THEY HAVEN'T REALLY DEVELOPED IT.
AND SO THEY WANT TO COME TO COMMITTEE AND TALK ABOUT IT.
AND THEN, YOU KNOW, MAYBE A FEW OTHER COUNCIL MEMBERS SIGN ON AND THEN IT GETS PLACED ON THE AGENDA.
SO I JUST KINDA WANNA BRIEFLY RUN THROUGH THE RULES, UM, THAT WE HAVE SO FAR.
AND I KNOW THAT SOME OF YOU HAVE AMENDMENTS TO THESE RULES, AND THAT'S, UH, AND THAT'S FINE.
BUT JUST KIND OF GOING THROUGH, UM, WHAT WE'RE LOOKING AT IN RULE 23.
SO RULE 23 BASICALLY JUST SAYS, YOU KNOW, IF THREE OR MORE COUNCIL MEMBERS WANNA PUT SOMETHING ON THE AGENDA THAT IT'S IN WRITING, UM, AT LEAST THREE COUNCIL MEMBERS, BUT NO MORE THAN EIGHT COUNCIL MEMBERS, UH, SIGN ON TO IT, IT BE LAWFUL.
AND, UM, AND THEN THERE'D BE A DRAFT OF THE ORDINANCE THAT WOULD BE CONSIDERED BY COUNCIL.
SO THAT'S, IF IT JUST GOES DIRECTLY TO THE AGENDA.
UM, NUMBER PART C OF RULE 23 SAYS THAT BEFORE IT GOES ON THE AGENDA, UM, THE LEGAL DEPARTMENT WILL COMPLETE A LAWFULNESS REVIEW.
NOW, THERE WAS NOTHING IN THE PROP, A LANGUAGE ON THE BALLOT THAT SAID, YOU KNOW, SAY WE GIVE SOMETHING TO LEGAL AND THEY LOOK AT IT AND SAY, WELL, YOU KNOW, WE'LL GET BACK TO YOU.
AND THEN A COUPLE MONTHS LATER, LEGAL COMES BACK.
THIS KIND OF JUST SETS A TIMELINE FOR LEGAL, UM, WHICH WE HAVE WORKED WITH THE LEGAL DEPARTMENT, AND THEY HAVE FOUND THIS TIMELINE SUFFICIENT.
SO YOU SUBMIT IT TO LEGAL WITHIN SEVEN DAYS.
UM, THEY WILL HAVE A DETERMINATION ON THE LAWFULNESS, UM, UNLESS IT'S VERY COMPLEX AND THEY NEED, YOU KNOW, MORE TIME.
BUT SEVEN DAYS SHOULD BE THE GENERAL RULE.
THEN IF THE ITEM IS LAWFUL, THEN THE AGENDA DIRECTOR WILL PLACE THE PROPOSED ITEM ON THE REGULAR CITY AGENDA WITHIN THE NEXT TWO REGULAR COUNCIL MEETINGS.
AND THAT'S TO, THAT'S BECAUSE IF WE HAVE PROP A MEETINGS ON TUESDAY, IF MARTA IS TRYING TO GET THE AGENDA READY, MAYBE IT'S NOT READY BY, YOU KNOW, THURSDAY OR FRIDAY.
SO THIS GIVES HER A LITTLE EXTRA TIME.
UM, AND THAT WAS SUFFICIENT TOO.
WE CHECKED ON THE TIMELINES ON THAT.
AND THEN WE GO TO RULE 24 BRIEFLY.
AND, UM, 24 JUST SAYS THAT, UM, THAT IT CAN BE SUBMITTED TO A ME, UH, TO A COMMITTEE MEETING IF YOUR PROP A ITEM, IF YOU WANNA GO THAT ROUTE.
AND THAT, UM, NUMBER ONE, THAT IF YOU WOULD LIKE TO PROPOSE AN, AN AGENDA ITEM, THAT IT JUST BE SUBMITTED 14 DAYS BEFORE THE NEXT SCHEDULED MEETING, THAT PRIOR TO SUBMISSION THAT IT'S GONE TO LEGAL FOR THE LEGAL REVIEW.
AGAIN, THEY HAVE THE SEVEN DAY TIMELINE TO TURN IT AROUND, UM, AND THAT THE PROPOSED ITEM WOULD BE SUBMITTED IN WRITING.
AND THEN IT KIND OF GIVES SOME DIRECTION ON, YOU KNOW, ONE HARD COPY, ONE ELECTRONIC COPY.
UH, PART B OF THAT IS THE COMMITTEE PER PROCEDURE.
SO JUST THAT ROLE WILL BE TAKEN THAT, UM, THE CHAIR WILL DETERMINE THE SCHEDULING OF BUSINESS AND THAT THIS COMMITTEE IS GONNA BE OPERATING UNDER ROBERT'S RULES OF ORDER.
THE NEXT SECTION, SECTION C COMMITTEE MEETINGS, THIS JUST TALKS ABOUT THE TIME AND THE PLACE.
UM, AND THAT ADDITIONAL MEETINGS MAY BE CALLED IF, IF WE NEED AN ADDITIONAL MEETING FOR PROP A.
AND THEN FINALLY, UM, PUBLIC TESTIMONY THAT THE PUBLIC HAS THE RIGHT TO COME AND SPEAK AT THE COMMITTEE SECTION E WHEN WE'RE LOOKING AT THE COMMITTEE REPORT.
UM, A VOTE REQUIREMENT FOR TAKING AN ACTION ON AN ITEM AND JUST THAT THE MAJORITY OF THE
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MEMBERS PRESENT, UM, THAT WOULD BE AN AFFIRMATIVE VOTE, UM, TO TAKE ACTION.SO AFTER CONSIDERATION OF AN ITEM ON THE COMMITTEE'S AGENDA, THE COMMITTEE CAN DO THE FOLLOWING.
THEY CAN EITHER AGREE WITH PLACEMENT ON THE CITY COUNCIL AGENDA WITHIN THE NEXT TWO REGULAR COUNCIL MEETINGS, DISAGREE WITH THE PLACEMENT ON THE CITY AGENDA OR THE PROPOSED ITEM.
IF IT REQUIRES FURTHER EVALUATION OR DRAFTING ASSISTANCE, THEN, UM, IT SAYS THAT THE ADMINISTRATION SHALL WORK WITH RELEVANT DEPARTMENTS TO HELP US WITH THE DRAFTING.
UM, YOU KNOW, OH, THAT'S MINE, THAT'S, SORRY.
AND, UM, AND THAT IF FURTHER EVALUATION NEEDS TO TAKE PLACE, THAT THE ASSIGNED DEPARTMENTS WILL PROVIDE UPDATES MM-HMM
UM, AND THAT AGAIN, YOU KNOW, AFTER IT HAS BEEN WORKED OUT WITH THE DIFFERENT DEPARTMENTS AND HAS DONE A LEGAL ILLNESS REVIEW, THEN THREE OR MORE COUNCIL MEMBERS CAN THEN SIGN ON TO IT TO GO ON THE AGENDA.
UM, AND THEN THE LAST THING NUMBER THREE IS IF A MOTION TO PLACE THE ITEM ON THE CITY AGENDA FAILS, THE COMMITTEE WILL NO LONGER CONSIDER THE ITEM.
NOW THAT DOESN'T MEAN THAT NECESSARILY THAT THE ITEM IS DEAD FOREVER.
YOU KNOW, IT COULD BE TWEAKED, IT COULD BE REWORDED, REWORKED, YOU KNOW, THINGS LIKE THAT.
SO I ALSO WANNA STRESS TOO THAT, YOU KNOW, IF THESE RULES ARE PASSED, THESE AREN'T NECESSARILY SET IN STONE.
UM, WE'RE JUST TRYING TO GET A, A WORKING SET OF RULES SO WE CAN START CONSIDERING ITEMS, UM, THROUGH THIS AGENDA.
SO DO I HAVE A MOTION TO, UM, CONSIDER TO CONSIDER THE RULES? SECOND.
RAMIREZ, COUNCIL MEMBER RAMIREZ.
UM, WELL, THANKS FOR ALL THE WORK THAT HAS GONE INTO, UH, PREPARING THESE PROPOSED RULES.
UM, I HAVE AN AMENDMENT TO OFFER.
I DON'T KNOW IF THIS IS THE PROPER PLACE TO OFFER AN AMENDMENT.
SO I'VE PREPARED AND HANDED OUT, UM, A DOCUMENT ENTITLED PROP A RULES AMENDMENT ONE DASH ONE, WHICH STATES NO ACTION TAKEN BY A COMMITTEE SHALL INFRINGE UPON A SPONSORING COUNCIL MEMBER'S RIGHT TO HAVE THEIR PROPOSED ITEM SUBMITTED TO THE FULL COUNCIL FOR CONSIDERATION IN A VOTE UNDER ARTICLE SEVEN, SECTION THREE OF THE CITY CHARTER.
AND MY SUGGESTION IS THAT IT BE PLACED IN THE RULES AS THEY HAVE BEEN PROPOSED UNDER RULE 24 E, AND THIS WOULD BECOME LITTLE 1 24 E ONE.
AND MY REASON FOR OFFERING THIS IS BECAUSE I THINK IT NEEDS TO BE EMPHASIZED THAT PROP A AS PASSED OVERWHELMINGLY BY THE VOTERS, I BELIEVE, ESTABLISHES A RIGHT OF THREE COUNCIL MEMBERS TO HAVE A PROPOSAL PUT ON THE AGENDA AND VOTED ON BY THE CITY COUNCIL AT ONE OF ITS CITY COUNCIL MEETINGS.
I WANT TO EMPHASIZE THIS BECAUSE I THINK TO ALLOW A PROPOSAL TO BE REFERRED TO COMMITTEE AND KILLED THERE AND NOT THEREAFTER TAKEN UP BY THE FULL COUNCIL, WOULD NOT BE CONSISTENT WITH WHAT THE VOTERS APPROVED IN PROP A.
SO, I, I THINK THIS NEEDS TO BE EMPHASIZED AND PUT IN THE RULES SO THAT, UM, THERE'S NO QUESTION ABOUT IT.
DO WE HAVE A SECOND TO HIS MOTION? SECOND.
ANY OTHER DISCUSSION ON, UM, THE AMENDMENT TO OKAY.
COUNCIL MEMBER DAVIS, WAS IT, DO YOU WANT AMEND BE FIRST? THANK YOU.
UH, FIRST AND FOREMOST, I THINK THE, MY QUESTION WOULD BE THE RULE HERE, I THOUGHT THAT IT WAS DISCUSSED AND, UM, AMONG THE COUNCIL THAT THE PROCEDURE WAS TO DISCUSS THE ITEM IF THREE OR MORE
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SUBMITTED A, UM, ITEM TO THE AGENDA THAT IT WAS DISCUSSED IN COMMITTEE BEFORE IT BECAME A VOTE.SO THAT PART WAS SKIPPED OVER.
BUT YES, THERE WOULD BE A DISCUSSION.
THERE COULD BE PRESENTATIONS BY THE RELEVANT DEPARTMENTS, THINGS LIKE THAT.
SO WE WOULD HAVE INFORMATION SO IT DOESN'T JUST COME TO COMMITTEE AND THEN WE VOTE.
BECAUSE ACCORDING, WELL, BASED ON HIS RULING IS HE'S SAYING THAT HE DIDN'T WANT ANY ACTION.
AM I CORRECT YOU'RE SAYING NO ACTION TAKEN BY THE COMMITTEE? 'CAUSE THAT'S THE, WHAT WE TALKING ABOUT PRESENTATIONS TO THE COMMITTEE, OR WE TALKING ABOUT THE ACTION OF THE COMMITTEE? WELL, FOR INSTANCE, UH, MAY I RESPOND? SURE.
FOR INSTANCE, UM, IF THIS COMMITTEE MEETS IN TAKING UP A PROPOSAL, PARKING METERS OR ROAD HUMPS OR, OR WHAT HAVE YOU, UH, WE COULD NOT AS A COMMITTEE KILL THAT, UM, PROPOSAL AND, AND THEREAFTER PREVENT THE SPONSORING COUNCIL MEMBER FROM PUTTING IT TO THE FULL COUNCIL FOR A VOTE.
UH, SO, UH, THIS IS, THIS IS ONLY IN REGARDS TO EMPHASIZING COUNCIL MEMBER'S RIGHT.
TO HAVE A VOTE FROM THE FULL COUNCIL ON HIS PROPOSAL AND NOT HAVING IT DIE HERE IN PROP A COMMITTEE AND GO AWAY.
UM, AND JUST FOR A POINT OF CLARIFICATION, UH, ATTORNEY FOLSOM, UH, HAVE YOU HAD A CHANCE TO LOOK AT THAT AMENDMENT Y YES.
AND DO YOU HAVE AN OPINION? YES.
THE, THE LANGUAGE THAT, UM, AS WRITTEN, I DOES NOT APPEAR TO CONFLICT WITH THE CITY CHARTER BECAUSE IT, IT APPEARS TO BE A REFLECTION OF THE PROCESS THAT'S ALWAYS IN PLACE.
I UNDERSTAND THAT THIS LANGUAGE WASN'T IN THE INITIAL PROPOSED RULES, BUT THE CHARTER PROCESS IS ALWAYS AVAILABLE AT, AT, AT, AT ANY TI AT ANY TIME.
SO, WHETHER RULE 23, RULE 24, IF SOMEONE PARTICIPATES IN THAT PROCESS, THEY CAN ALWAYS EXIT THAT PROCESS.
THE CHARTER LANGUAGE, THREE OR MORE COUNCIL MEMBERS CAN SUBMIT A WRITTEN REQUEST.
THAT IS, THAT IS SOMETHING THAT THE CITY IS ALWAYS BOUND BY AS AS IT IS IN THE CHARTER.
AND THIS LANGUAGE IS A REFLECTION OF THAT.
SO I, I DON'T SEE A CONFLICT WITH THE CHARTER.
COUNCIL MEMBER FLICKINGER, IF THREE OR BOARD COUNCIL MEMBERS BRING SOMETHING TO THE COMMITTEE, AND TO YOUR POINT, JULIAN, AND IT KIND OF DIES IN COMMITTEE, DON'T THEY ALWAYS HAVE THE RIGHT TO BRING IT DIRECTLY TO CITY COUNCIL? I MEAN, IT SEEMS KIND OF REDUNDANT.
AND I THINK THAT'S WHAT THE CITY ATTORNEY MEANT, THAT, UM, BECAUSE THAT OPTION IS ALWAYS THERE.
YOU KNOW, IF THREE OR MORE COUNCIL MEMBERS WANT SOMETHING TO GO ON THE AGENDA AND IT'S LAWFUL, THEN THAT'S WHAT PROPA ORIGINALLY SAID.
IF I MIGHT, I, I THINK, UH, WE'RE ON THE SAME PAGE.
UH, COUNCIL MEMBER, UH, I JUST KNOW IN, IN, IT SEEMS LIKE IN PRIOR DISCUSSIONS, UH, SOME MEMBERS OF THE COUNCIL HAVE NOT BEEN SUPPORTIVE OF, OF THIS COMMITTEE, AND THEREFORE NOT OF ANY RULES OF THIS COMMITTEE.
SO THIS IS, UH, IN PART, UH, A MESSAGE TO THOSE COUNCIL MEMBERS THAT NOTHING WE DO HERE IS GONNA INFRINGE UPON THEIR RIGHTS TO, TO SUBMIT AN ITEM TO THE FULL COUNCIL.
SO I THINK IT'S LEGALLY WHERE IT'S KIND OF UNWRITTEN, WE DON'T HAVE TO, I THINK IT'S AN, A GOOD IDEA TO INCLUDE IT IN THE RULES, EVEN THOUGH WE DON'T NECESSARILY NEED TO PUT IT IN THERE.
UH, COUNCIL MEMBER ALCORN, I THINK, UH, THIS CITY ATTORNEY AND COUNCIL MEMBER FLICKINGER KIND OF COVERED IT, IT SEEMS TO ME WE'VE ALWAYS HAD THAT, RIGHT.
IT'S IMPLIED IN THE WHOLE RULES.
SO I THOUGHT IT WAS JUST KIND OF EXTRA, BUT IF, IF EVERYBODY'S OKAY, WOULDN'T JUST, YOU KNOW, PUTTING BELT AND SUSPENDERS ON IT, THAT'S FINE BY ME.
MARTINEZ, WERE YOU IN THE QUEUE? NO, I WAS JUST GETTING, I, I WAS IN THE QUEUE.
BUT YOU, I THINK TO, UH, COUNCILMAN ALCORN'S, UM, SAME COMMENTS ON, IT'S THE SAME THING.
UM, AND I, I THINK IT'S, IT'S A GOOD OLIVE BRANCH, I GUESS, FOR FOLKS THAT FEEL LIKE THIS IS WHERE IT COMES TO DIE.
BUT, YOU KNOW, I DON'T THINK IT WAS EVER INTENDED TO BE A GATEKEEPER PER SE, OR COME HERE TO DIE.
AT THE END OF THE DAY, YOU STILL HAVE THE OPPORTUNITY TO SEND IT, UH, TO, TO, YOU KNOW, STRAIGHT TO THE AGENDA.
UM, I THINK IF ANYTHING, UM, AND AGAIN, I APPRECIATE YOU DOING THIS COUNCILOR, UH, RAMIREZ.
UM, BUT YOU KNOW, LIKE THE GOAL HERE IS REALLY TO JUST HAVE FULL PARTICIPATION WITH, WITH, WITH OUR COLLEAGUES AT THE END OF THE DAY.
BUT I'M OF THE SAME MINDSET WITH THE CITY ATTORNEY.
UM, AGAIN, WE CAN ALWAYS PUT SOMETHING ON THE AGENDA NO MATTER WHAT.
I, I THINK, UM, COUNCIL MEMBER, UM, ALCON PROBABLY, UM, CLOSED OUT WHAT I WAS SAYING.
I, I AGREE WITH THE FACT THAT WE HAD A POWER.
I, I, I'M JUST TRYING TO FIGURE OUT WHAT WAS THE LEGITIMACY OF HAVING A EXTRA AMENDMENT TO WHAT'S ALREADY THERE.
UM, RULE AMENDMENT ONE DASH ONE.
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THAT'S THE ASSURE THAT WE DON'T STOP ANYTHING, BUT I THINK IT'S ALREADY IN THE CHARTER, UM, THAT WE CAN ADD SOMETHING TO THE AGENDA.I DON'T KNOW IF THAT'S, I WAS JUST TRYING TO SEE THE LEGITIMACY OF THE RULE FIRST.
I THINK, UM, BECAUSE IT IS ALWAYS AN OPTION THAT COUNCIL HAS, UM, WE DON'T NECESSARILY NEED TO PUT IT IN THE RULES.
AND, AND NOT TO ARGUE AGAINST MY OWN RULE, BUT, BUT SOME MIGHT TAKE THE POSITION, LET'S SAY IF WE DIDN'T HAVE THIS IN HERE, SOME MIGHT TAKE THE POSITION THAT WELL, MERELY HAVING IT ON THE AGENDA AND BEING REFERRED TO COMMITTEE HAS FULFILLED PROPOSITION A, WHICH IT HASN'T, RIGHT? 'CAUSE THE FULL COUNCIL HASN'T TAKEN A VOTE ON IT.
SO IN, IN THOSE SITUATIONS WHERE AN ITEM MIGHT BE ON THE AGENDA AND COUNCIL MIGHT VOTE TO REFER IT TO COMMITTEE, THIS JUST ASSURES THAT THAT'S NOT THE END OF IT FOR THAT PARTICULAR PROPOSAL, THAT, UM, THE SPONSORING COUNCIL MEMBERS WOULD HAVE THE RIGHT TO BRING IT BACK TO THE FULL COMMITTEE AND NOT MERELY SEE IT TABLED IN COMMITTEE AND, AND GO AWAY AND DIE AND HAVE THE ARGUMENT MADE THAT, WELL, WHEN IT WAS FIR IT WAS BEFORE THE COMMITTEE, AND THEN IT WAS REFERRED, AND SO THEY'VE HAD THEIR DAY BEFORE THE COUNCIL, AND SO THAT'S THE END OF IT.
IF THERE'S NO FURTHER DISCUSSION, UH, ARE WE PREPARED FOR A VOTE ON THE PROP A RULES AMENDMENT ONE DASH ONE BY COUNCIL MEMBER RAMIREZ.
AND I'LL CALL THE CALL THE ROLL CHAIR.
HUFFMAN NO, VICE MAYOR PRO PECK? YES.
COUNCIL MEMBER CAYMAN, VICE CHAIR.
COUNCIL MEMBER FLICKINGER? YES.
COUNCIL MEMBER POLLARD PRO TATUM.
UH, COUNCIL MEMBER RAMIREZ? YES.
THE ITEM PASSES AS AMENDED ON THE AMENDED, UH, RULES.
IS THERE ANY MORE DISCUSSION ON THE AMENDED RULES? COUNCILMAN MARTINEZ.
AND, UH, ALSO WANTED TO JUST SAY THANK YOU FOR THE WORK THAT YOU AND YOUR TEAM BEEN DOING, UM, TO GET US TO THIS POINT.
UH, UNDERSTANDING THAT THIS HAS BEEN SOMEWHAT CONTROVERSIAL, UM, UNDER, AND OF COURSE, UNDERSTAND WHAT PROP A MEANT TO THE COMMUNITY.
I THINK IT'S, IT'S ALWAYS BEEN, I'VE BEEN OF THE MINDSET THAT, UM, YOU KNOW, WHETHER IT COMES TO DIE HERE, QUOTE UNQUOTE, OR DIES AT THE TABLE, UM, EVERYBODY SHOULD HAVE AN OPPORTUNITY TO BE ABLE TO DISCUSS WHAT'S GOING ON.
AND, AND FOR ME, WHAT I'VE BEEN VERY CONSISTENT ABOUT WITH PROP A IS, UM, Y YOU, WE SHOULD TRY IT AS BEST AS POSSIBLE TO HELP MAKE SURE THAT WE'RE GIVING THE, YOU KNOW, THE ADMINISTRATION, SPECIFICALLY LEGAL DEPARTMENT, UM, AND EACH SPECIFIC DEPARTMENT, AN OPPORTUNITY TO, UH, COMB THROUGH, UH, SOME OF OUR IDEAS.
I DON'T THINK IT'S, UM, THE IDEAS ARE, ARE, UH, UH, PROHIBITED, BUT I ALSO THINK WE SHOULD DO OUR DUE DILIGENCE AS WELL.
UM, WE'VE SEEN IN FACT WHERE, YOU KNOW, STAKEHOLDERS WEREN'T ENGAGED.
AND SO, UH, THE MORE THAT, THAT WE'RE, WE CAN OPEN THIS DISCUSSION UP AROUND THIS, THIS HORSESHOE.
UH, I THINK IT'S, IT'S BENEFICIAL FOR EVEN THE AUTHORS OF, OF THE THREE COUNCILORS THAT SU SUBSCRIBE TO THE PROP A, UM, UM, PROPOSITION.
AND SO, UM, I HAD, UH, A FEW, UH, AMENDMENTS THAT I WANTED TO BRING TO THE TABLE.
UM, AND SOME OF 'EM OUT IS WE JUST GOT THE COUNCIL RULES AND PROCEDURES THAT YOU'VE SUBMITTED.
I DON'T KNOW IF SOME OF 'EM MIGHT OVERLAP, BUT I WANTED TO MAKE, UH, PRETTY CLEAR, UH, UNDER RULE 23, UH, I HAVE, UH, UNDER E IT'S, UH, RELEVANT DEPARTMENT REPRESENTATIVES OR CITY SUBJECT MATTER EXPERTS SHALL ATTEND THE COUNCIL MEETING AND BE AVAILABLE TO PROVIDE SUPPORT AS NEEDED AND ANSWER RELEVANT TECHNICAL, FINANCIAL, OPERATIONAL, AND ADMINISTRATIVE QUESTIONS PERTAINING TO A COUNCIL MEMBER SPONSORED AGENDA.
UH, AND THEN F UNDER RULE 23, DEPARTMENT REPRESENTATIVES SHALL ALSO PROVIDE THE REQUESTED INFORMATION OR ANSWERS QUESTIONS, UH, ASKED IN AN IN ADVANCE BY COUNCIL MEMBERS OR THEIR STAFF AT LEAST 48 HOURS PRIOR TO COUNCIL CONSIDERATION AND ACT IN IN ACTION.
AND FOR ME, IT'S, IT'S IMPORTANT THAT AS WE WORK THROUGH THIS PROCESS, UH, WE CAN HAVE THE EXPERTS AT THE TABLE.
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I'M NOT SAYING THAT THAT ANY IDEA IS NOT A GOOD IDEA, BUT I THINK IT'S JUST PART OF THE DUE DILIGENCE AS, AS, UH, COUNCIL MEMBERS TO, AS WE PRESENT ANY INFORMATION, THAT WE ALSO DO SOME HOMEWORK AND, AND WORK RIGHT AS WELL.UM, I THINK ONE OF THE, ONE OF THE FEARS WAS, UH, COUNCILORS WOULD BE ABLE TO JUST PUT ANYTHING ON AND, AND, YOU KNOW, IT'LL DELAY COUNCIL MEETINGS AND, YOU KNOW, KIND OF, UH, UM, YOU KNOW, AND, AND SO TO THAT REALLY, IT'S, IT'S, UH, HOLDING THE, THE DEPARTMENTS AND THE, AND THE ADMINISTRATION ACCOUNTABLE TO, TO THOSE RESOURCES, UM, TO, YOU KNOW, TO EACH, UH, EACH OF OUR COLLEAGUES.
AND THEN IN, UH, SECTION 2 2 2 DASH TWO, RULE 24, UM, ONE, IT'S, UM, IT'S IN ADDITION TO, UH, ONE WHERE PRIOR TO SUBMISSION OF THE PROPOSED AGENDA ITEM TO THE COMMITTEE, THE AUTHOR OF THE, OR SPONSOR OF THE PROPOSED ITEM SHALL REQUEST THE LEGAL DEPARTMENT REVIEW THE PROPOSAL TO THE EXTENT POSSIBLE WITH THE INFORMATION PROVIDED FOR ANY LAWFULNESS CONCERNS.
THE LEGAL DEPARTMENT SHALL REVIEW THE ITEM FOR ANY INITIAL LEGAL CONCERNS WITHIN SEVEN DAYS OF RECEIPT OF THE PROPOSED ITEM, UNLESS THE PROPOSED AGENDA IS LENGTHY, PRESENTS A COMPLEX ISSUE, OR OTHERWISE REQUIRES ADDITIONAL TIME.
AND THEN I'VE ADDED IN SUCH INSTANCE INSTANCES REQUIRING ADDITIONAL TIME FOR LEGAL REVIEW, THE LEGAL DEPARTMENT SHALL PROVIDE AN INITIAL UPDATE TO THE COMMITTEE CHAIR AND THE SPONSOR WITHIN 14 DAYS.
AND THEN UNDER C COMMITTEE MEETINGS, THERE'S THREE, UM, THREE EDITIONS THAT I'VE ADDED.
UM, AFTER NUMBER ONE, IT'S NUMBER TWO, IF NO MEETING IS SCHEDULED, THE CHAIR SHALL CALL A SPECIAL MEETING FOR THE PURPOSE OF DISCUSSING A COUNCIL SPONSORED ITEM NO LATER THAN 14 DAYS AFTER THE LEGAL DEPARTMENT COMPLETES ITS REVIEW.
UH, NUMBER THREE IS RELEVANT DEPARTMENT REPRESENTATIVES OF CITY SUBJECT MATTER EXPERTS SHALL ATTEND THE COMMITTEE MEETING AND BE AVAILABLE TO PROVIDE SUPPORT AS NEEDED AND ANSWER RELEVANT TECHNICAL, FINANCIAL, OPERATIONAL, AND ADMINISTRATIVE QUESTIONS PERTAINING TO A COUNCIL MEMBER SPONSORED ITEM.
AND NUMBER FOUR, DEPARTMENT REPRESENTATIVES SHALL ALSO PROVIDE REQUESTED INFORMATION OR ANSWER QUESTIONS ASKED IN ADVANCE BY COUNCIL MEMBERS OR THEIR STAFF DURING THE COMMITTEE MEETING AT LEAST 48 HOURS PRIOR TO COUNCIL CONSIDERATION.
AND ATTORNEY POLMAN, HAVE YOU HAD A CHANCE TO REVIEW THESE PROPOSED AMENDMENTS? YES.
AND DO YOU HAVE AN OPINION ON, ON ANY OF THESE? UH, FROM MY REVIEW OF THESE, I DID NOT, UH, SEE ANY LANGUAGE THAT WOULD APPEAR TO CONFLICT WITH THE CHARTER.
UM, I KNOW THAT A REPRESENTATIVE FROM, UH, THE ADMINISTRATION IS HERE TODAY.
THEY, HE MAY WANT TO, UH, YOU MAY WANT TO SPEAK WITH HIM ABOUT, UM, I GUESS LOGISTICS AND FEASIBILITY OF THE, THE, THE NUMBERS THAT WERE PROVIDED.
BUT AS FAR AS FROM LIKE A LEGAL STANDPOINT, I DID NOT SEE ANY CONFLICTS WITH THE CHARTER.
I, I AGREE WITH THE PREMISE OF THE IDEA OF GETTING BACK TO US 48 HOURS BEFORE WE, WE MEET.
ALTHOUGH I WOULD SAY SINCE IT'S TWO WEEKS IS THE TIMEFRAME TO ACTUALLY GET IT TO THIS GROUP.
CAN WE MAKE IT EVEN 96 HOURS SO WE CAN ALL HAVE PLENTY OF TIME TO, TO LOOK IT OVER? SO, YEAH.
SO I'M NOT OPPOSED OF, UH, YOU KNOW, MAKING THAT TIME A LITTLE BIT LONGER.
UM, I THINK THE CONCERN IS ALSO RIGHT.
UM, WILL WE HAVE, AND WILL WE HAVE ENOUGH TIME TO BE ABLE TO REVIEW WHATEVER'S BEEN SUBMITTED AS WELL? YEAH.
BECAUSE I MEAN, THAT WOULD STILL GIVE THEM 10 DAYS, CORRECT? YEAH.
SO I, I WOULD THINK 10 DAYS WOULD BE PLENTY OF TIME.
AND THAT WAY WE'VE GOT FOUR DAYS TO, TO LOOK IT OVER.
AND SO ONE OF THE CONCERNS, AND, UH, COUNCIL MURRAY CAME IN AND BROUGHT UP, UH, WAS WILL WE HAVE LE UH, SPECIFIC LEGAL, UM, SUPPORT? AND I THINK, YOU KNOW, THE ADMINISTRATION WAS SUPPORTIVE OF IT.
I, IF WE CAN KIND OF HAVE SOMEBODY FROM THE ADMINISTRATION COME UP AND SEE WHAT, WHAT THAT TIMELINE LOOKS LIKE, AND IF IT'S NEEDED TO EXTEND IT TO 96, I'M NOT OPPOSED TO IT.
I THINK FOR, UH, THE CRUX OF IT IS WE WANT MAKE, WE WANNA MAKE SURE THAT WE GET SOME RESPONSE BACK.
AND SO, SEEING NO ONE ELSE IN THE QUEUE, SO WE HAVE, DO WE HAVE A MOTION TO ADOPT, UM, THE RULES AMENDMENT PRESENTED BY COUNCIL AND AMENDMENTS PRESENTED BY COUNCIL MEMBER MARTINEZ SECOND.
HE IS MOVED, RIGHT, UHHUH, AND WE NEED A SECOND.
SECONDED BY COUNCIL MEMBER RAMIREZ.
UH, ANY OTHER DISCUSSION THEN WE'RE READY TO TAKE A VOTE ON THIS DISCUSSION? I MEAN, I, I KIND OF WOULD LIKE TO HEAR FROM THE ADMINISTRATION IF YOU HAVE SOMETHING TO SAY ON, ON THE TIMELINES.
I MEAN, I'M, I, I THINK A, A LONGER TIMELINE MIGHT BE BETTER, UM, TOO, BUT I LIKE, I LIKE THE AMENDMENT A LOT.
I JUST THINK I, I'D LIKE TO HEAR IF THAT'S REASONABLE OR WHATEVER.
UM, SO THE, THE THING THAT I WANNA SAY IS THIS IS, UH, WE ARE SUPPORTIVE OF THE RULES THAT Y'ALL WANNA PUT IN PLACE.
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IMPORTANTLY IS IT'S A, UH, A SET OF METRICS THAN WE CAN RESPOND TO, RIGHT? IT'S, UH, OR REACT TO, IT'S THE SEVEN DAYS LAWFULNESS REVIEW IS FINE WITH US.THE 14 DAYS LAWFULNESS REVIEW.
I THINK THERE'S ANOTHER, UH, SECTION IN YOUR MINUTES.
IT TALKS ABOUT 14 DAYS INSTEAD OF SEVEN.
UH, 48 HOURS IS ENOUGH TIME, UH, TO BE ABLE TO RESPOND TO QUESTIONS.
UM, I DO THINK THAT THE, THE CONTEXT HERE, THIS IS A, UM, THIS IS A LEARNING EXPERIENCE FOR Y'ALL.
IT'S A LEARNING EXPERIENCE FOR US AS WELL.
WE ARE VERY USED TO ANSWERING QUESTIONS, UM, THAT YOU POSE, UH, ANSWERING THEM IN THE CONTEXT OF A PROPOSITION A COMMITTEE IS GONNA BE SOMETHING THAT WE'RE ALL LEARNING FROM, UH, THE PLAN HERE.
IF, IF YOU ADOPT THESE RULES, UM, IN WHICHEVER VERSION, WHICHEVER AMENDMENTS, THIS STILL NEEDS TO COME BEFORE COUNCIL, RIGHT? AS A COMMITTEE, YOU'RE AGREEING TO A RULE CHANGE.
AND THEN ATTORNEY FOLMAN AND I WILL WORK TO BUILD IT INTO AN ORDINANCE AND BRING IT TO COUNCIL AND SAY, THESE ARE THE RULES THAT Y'ALL PASSED FOR YOURSELVES, THAT YOU'RE PUTTING METRICS ONTO THE CITY TO ANSWER SHORTLY.
48 HOURS, UH, SHOULD BE ENOUGH TIME.
IF YOU WANTED TO CREATE 96 HOURS, I DON'T THINK ANYBODY WOULD BE OPPOSED TO IT.
BUT WHAT WE'RE LOOKING FOR, THE THING THAT I HEAR FROM THE DEPARTMENTS, UH, VERY CONSISTENTLY IS THEY JUST WANT TO KNOW WHAT THE BENCHMARK IS.
WHAT, WHAT HAVE YOU SET FOR US? SO DOES THAT ANSWER YOUR QUESTION? YES.
AND SO, ANY FURTHER DISCUSSION? READY FOR A VOTE? ARE WE READY FOR A VOTE? OKAY.
COUNCIL, COUNCIL MEMBER, UH, JACKSON.
UH, COUNCIL MEMBER FLICKINGER? YES.
UH, COUNCIL MEMBER CASTILLO? YES.
UH, COUNCIL MEMBER CASTEX TATUM.
UM, I HAVE AN AMENDMENT THAT I'D LIKE TO OFFER AS WELL.
IT'S ON THE PRINTED, THE, WITH THE GRAY LINE ON THE SIDE.
IT'S NOT MY, UM, THIS BASICALLY, UM, WOULD ALLOW FOR IF THERE'S NOT A QUORUM AT THIS COMMITTEE, AND NO VOTE IS TAKEN, THAT IT AUTOMATICALLY GOES TO COUNCIL FOR A VOTE.
AND I, I REALIZE THIS, IT'S A LITTLE REDUNDANT BECAUSE IF THERE'S NO VOTE TAKEN, I COULD JUST GET TWO OTHER COUNCIL MEMBERS AND PUT IT ON THE AGENDA.
BUT I'D LIKE TO KIND OF CLOSE THAT LOOPHOLE, UM, WHERE, YOU KNOW, IF I PUT SOMETHING ON THE AGENDA AND THEN IT'S VOTED TO GO TO COMMITTEE, AND IT GOES TO COMMITTEE, AND THERE'S NOT A QUORUM, AND THEN IT JUST ENDS, AND IT, THERE'S THAT CYCLE THERE THAT IT NEVER, THERE'S NOT A VOTE ACTUALLY TAKEN.
AND SO THE GOAL HERE IS JUST TO KIND OF CLOSE THAT LOOPHOLE AND MAKE SURE THAT AT SOME POINT A VOTE IS TAKEN, IF THAT IS WHAT THE AUTHOR IS TRYING TO ACCOMPLISH.
AND BEFORE WE GET TO THE COUNCIL MEMBERS IN QUEUE, UH, ATTORNEY FOLSOM, HAVE YOU HAD A CHANCE TO REVIEW THIS AMENDMENT? YES, I'VE HAD AN OPPORTUNITY TO REVIEW THIS PROPOSED AMENDMENT.
AND DO YOU HAVE AN OPINION? UH, YES.
THIS, THE, THE LANGUAGE AS WRITTEN DOES PRESENT A CONCERN THAT IT CONFLICTS WITH ARTICLE SEVEN, SECTION THREE OF THE CHARTER.
AS, AS WE KNOW, YOU KNOW, UM, PRIOR TO THE PASSAGE OF PROP A, YOU KNOW, ARTICLE SIX, SECTION SEVEN AND SEVEN, A SORT OF ESTABLISHED THAT ALL ADMINISTRATIVE AUTHORITY WAS VESTED IN, IN THE MAYOR, INCLUDING PLACEMENT OF ITEMS ON THE AGENDA.
THE EXCEPTION TO THAT BEING, NOW WE HAVE THE LANGUAGE IN ARTICLE SEVEN, SECTION THREE, BUT IF THERE'S NOT A VOTE THROUGH THIS PROCESS BY THE RULES THAT YOU'VE ADOPTED, THAT INDICATES, YOU KNOW, THREE OR MORE COUNCIL MEMBERS ARE IN SUPPORT OR THE PROCESS THAT'S LAID OUT IN THE CHARTER, THEN UH, THERE'S NOT A, IN THIS LANGUAGE AS WRITTEN, THERE DOESN'T BE, DOESN'T APPEAR TO BE A PATH TO ESTABLISH THAT THREE OR MORE COUNCIL MEMBERS SUPPORT THE ITEM, THUS TRIGGERING THE OBLIGATION FOR THE MAYOR TO PLACE IT ON THE AGENDA.
SO THEN SORT OF REVERTS BACK TO, TO HIS, UH, AUTHORITY TO PLACE AN ITEM ON THE AGENDA.
AND SO, BASED ON THAT, DO YOU HAVE A SUGGESTION ABOUT THE WORDING TO MAKE THIS, UM, STRONGER OR TO MAKE IT TO WHERE IT DOESN'T CONFLICT WITH ARTICLE SEVEN? SECTION THREE? WELL, WELL, UNDERSTANDING COUNCIL MEMBER
[00:30:01]
PECK'S, UH, CONCERN THAT THINGS WOULD GET STUCK IN COMMITTEE IF COMMITTEE MEETINGS WEREN'T MOVING FORWARD.YOU KNOW, WE, WE DO ALREADY HAVE THE, THE AS AMENDED LANGUAGE FROM COUNCIL MEMBER, UH, RAMIREZ, WHICH ALSO UNDERSCORES THE FACT THAT THAT CHARTER PROCESS IS ALWAYS AVAILABLE.
AND REGARDLESS OF WHAT'S HAPPENING WITH A COUNCIL COMMITTEE OR WHETHER IT MEETS OR NOT, THAT IS ALWAYS A PATH AVAILABLE.
'CAUSE THAT'S AN OBLIGATION OF THE CITY UNDER THE CHARTER.
HOWEVER, I DO HAVE SOME LANGUAGE THAT MAY ADDRESS THE CON CONCERN, UH, THAT COUNCIL MEMBER PECK HAS, THAT WOULDN'T CONFLICT WITH THE CHARTER.
UM, YOU KNOW, IF A QUORUM IS NOT ESTABLISHED AT THE BEGINNING OF THE COMMITTEE MEETING FOR WHICH A PROPOSED ITEM IS ON THE AGENDA, SUCH THAT NO VOTE CAN BE TAKEN AT THAT MEETING IN LIEU OF APPEARING ON THE AGENDA OF A SUBSEQUENT COMMITTEE MEETING, THE PROPOSED ITEM MAY BE SUBMITTED PURSUANT TO RULE 23 IN ARTICLE SEVEN, SECTION THREE OF THE CITY CHARTER.
AND AGAIN, THAT IS SOMETHING THAT IS ALWAYS AVAILABLE.
IT'S NOT, YOU KNOW, WHETHER OR NOT THAT LANGUAGE WAS ADDED, BUT, UH, THAT WAS JUST A, AN ATTEMPT TO ADDRESS THAT ISSUE AND AGAIN, REFLECT THAT, THAT THAT OPTION IS ALWAYS AVAILABLE.
STEVEN, DAVID, DO YOU HAVE A COMMENT? CAN I ASK A FEW QUESTIONS OF ATTORNEY FOLSOM? AND I WANT TO ASK IT AT THE MICROPHONE BECAUSE I'D LIKE Y'ALL TO HEAR THE LOGIC BEHIND IT.
SO, UM, IF, AND COUNCIL MEMBER PECK, STEP IN AND HIT ME OVER THE HEAD IF YOU NEED TO, UM, IF SOMEONE SUBMITS, UH, THREE SIGNATURES TO MARTA, SHE PUTS IT ON THE AGENDA.
THE VOTE OF THE COUNCIL IS TO REFER IT TO COMMITTEE.
IT GOES TO COMMITTEE, AND THERE'S NOT A QUORUM PRESENT.
ARE THERE ANY VIOLATIONS OF RULES OR PROCEDURE FOR PUTTING THE EXACT SAME ITEM BACK ON THE AGENDA AFTER IT HAS BEEN DISPOSED OF? ISN'T THERE A LENGTH OF TIME THAT MUST PASS AFTER SOMETHING HAS ALREADY BEEN CONSIDERED AND VOTED DOWN, OR HAD BEEN DISPOSED OF? NOT AS A YES.
ARE ARE YOU REFERRING TO RULE 18 IN THE CITY COUNCIL RULES, LIKE A MOTION TO RECONSIDER? YEAH.
WELL, THAT ITEM TYPICALLY COMES WHEN AN ITEM IS, IS VOTED ON FOR PASSAGE.
THEN RULE 18, I BELIEVE, PROVIDES THAT IT, YOU KNOW, IT CAN'T COME BEFORE COUNCIL, UH, WITHIN 90 DAYS.
SO, SO A MOTION TO RECONSIDER DOESN'T APPLY TO A MOTION THAT PASSES TO REFER TO A COMMITTEE OR A DELAY OF TWO WEEKS OR, OR WHATEVER IT, IT, IT'S JUST ON UP DOWN VOTES.
I CAN REVIEW THE LANGUAGE AGAIN WITH THE CITY ATTORNEY TO CONFIRM, BUT THAT'S NOT MY UNDERSTANDING OF THE RULE.
THAT'S, THAT WOULD BE MY CONCERN, IS THAT IF IT DOES GET DISPOSED OF IN SOME WAY, IT COUNSEL AND THEN THIS LANGUAGE WOULD KICK BACK.
AND THEN THERE'S A REQUIRED 90 DAY, 30 DAY, 90 DAY 0, 18 90 DAY DELAY.
UM, HOW WOULD WE, HOW WOULD WE GET THEM TO REACT TO THAT ATTORNEY TO A PROGRAM? THAT IS MY UNDERSTANDING.
WOULD THERE BE A WAY FOR A, WELL, THIS HAS TO BE BROUGHT FORWARD TO, UH, COUNSEL.
SO IF THEY ADOPT THIS LANGUAGE AS IS OR OFFER AMENDMENT AT THE TABLE.
I HAVE A QUESTION AND POTENTIALLY A PROPOSAL.
UM, THIS STILL HAS TO BE BROUGHT TO COUNCIL, UM, AS AN ORDINANCE FOR PASSAGE.
ONCE YOU ADOPT THE LANGUAGE, I THINK I HEAR THE SPIRIT OF WHAT YOU'RE TRYING TO AVOID.
UM, I DON'T WANT IT TO GET CAUGHT UP AS A PROCEDURAL RULE.
UM, SO MY THOUGHT IS, UH, WE'RE NOT OPPOSED TO THIS.
YOU STILL WOULD NEED THE THREE SIGNATURES, UM, TO COMPORT WITH THE CHARTER.
UM, AND PART OF THE REASON, AND THIS IS, I KNOW YOU KNOW THIS, BUT THE IMPETUS BEHIND THIS COMMITTEE IS TO NOT JUST HEAR ITEMS THAT HAVE ALREADY BEEN SUBMITTED AS PROP A SUBMISSIONS, BUT ALSO FOR Y'ALL TO HAVE A, UH, TEXAS OPEN MEETINGS ACT VALID PROCESS FOR OPEN DISCUSSION OF IDEAS SINCE WE DON'T HAVE EXECUTIVE SESSION THAT COUNCIL.
SO THIS GIVES YOU THAT OPPORTUNITY TO DO IT.
SO RECOGNIZING THAT THIS IS TRYING TO DEAL WITH A VERY SPECIFIC CIRCUMSTANCE OF BEING HEARD, GETTING KICKED BACK AND GOING BACK IN THE INTERVENING PERIOD OF Y'ALL PASSING THIS AND US BRINGING IT AS AN ORDINANCE.
UH, ATTORNEY FOLSOM AND I WILL WORK AND MAKE SURE THAT THE LANGUAGE DOES, UH, NOT INVAL IS NOT INVALIDATED BY, UH, THAT RULE THAT WE WERE REFERENCING THE MOTION TO RECONSIDER.
UM, AND IF IT DOES, WE'LL WORK ON WAYS IN WHICH TO MAKE SURE THAT THIS IS PRESERVED.
[00:35:01]
THAT SATISFY Y'ALL? NO.AND SO FOR NOW, BASED ON THAT UNDERSTANDING, ARE YOU WITHDRAWING YOUR AMENDMENT AT THIS POINT TO WHERE, WHEN IT COMES TO COUNSEL, THEN WE CAN, MY THOUGHT WOULD BE JUST ADOPT IT.
I DON'T WANT IT TO GET CAUGHT UP PROCEDURALLY.
AND SO IF THERE NEEDS TO BE AN AMENDMENT AMENDED LANGUAGE HERE THAT WE CAN WORK ON, THEN WE'LL BRING IT FORWARD WHENEVER WE BRING THE ORDINANCE FORWARD TO COUNSEL FOR CONSIDERATION.
MAY, MAY I ASK A QUESTION? UM, SO TO BE CLEAR, WE WOULD ADOPT THE, THE CHANGE THAT THE CITY ATTORNEY'S OFFICE IS PROPOSING, NOT WE WOULD ADOPT YOUR CHANGE.
AND IT'S, I JUST NEED TO CLARIFY WITH THE CITY ATTORNEY'S OFFICE THAT THIS RULE, UM, THE MOTION TO RECONSIDER DOESN'T APPLY TO SOMETHING THAT GETS KICKED BACK.
UM, I GUESS I'M STILL STUCK, UM, BACK AT WHY THIS COMMITTEE REQUIRES THE CORE, UM, BECAUSE, UH, FIRST AND FOREMOST IT'S VERY HARD TO ESTABLISH ONE.
AND, UM, AND THEN I WAS LOOKING AT, UM, VICE MAYOR PRO TEMS AMENDMENT.
IT SAYS, IF, IF A QUORUM IS NOT ESTABLISHED AT THE BEGINNING OF THE COMMITTEE MEETING, WE, WE CAN'T START ANYWAY.
RIGHT? UM, THE MEETING CAN'T OFFICIALLY START.
SO I'M, I THINK THAT'S KIND OF REDUNDANT TO, TO MAKE THAT, BUT I KNOW YOU'RE PULLING, PULLING THIS, BUT AT ANY RATE, I'M STILL STUCK AND MAYBE ADMINISTRATION CAN TELL ME AS TO, YOU KNOW, 'CAUSE I'M THE ONE THAT I'M FUNCTIONING AND GLAD TO WORK WITH MY COLLEAGUE, BUT I, I DO HAVE SOME ISSUES WITH THIS PROP A COMMITTEE, AND I'VE MADE THAT QUITE CLEAR.
UM, BUT I'M TRYING TO FIND OUT WHY A QUORUM IS NEEDED FOR THIS PARTICULAR MEETING, AND MAYBE YOU CAN GIMME SOME INSIGHT ON THAT.
AND ONE, THIS IS TO ADDRESS, UH, SOMETHING I MISSED.
THE FOREST FOR THE TREES HERE.
THE THING THAT, UH, DOES NEED TO CHANGE WITH YOUR LANGUAGE COUNCIL MEMBER, PECK IS REFERENCING THE THREE SIGNATURES.
THIS PARTICULAR WORDING OF THE LANGUAGE IS IN VIOLATION OF THE, THE CHARTER.
UM, AND SO IT EITHER AMEND THE LANGUAGE, UM, OR WE CAN COMMIT TO WRITING IT IN A WAY, UH, THAT WOULD WORK.
AND YOU CAN OFFER THE AMENDMENT AS IT GOES TO COUNCIL.
UM, SO THAT'S EITHER WAY, BUT WE WANNA MAKE SURE THAT IT DOES COMPORT WITH THE, THE CHARTER.
AND THEN COUNCIL MEMBER EVAN SHABAZZ, TO, TO YOUR POINT, UM, WITH REGARD TO A QUORUM, THE, THE IDEA BEHIND THIS WAS FOR US TO HAVE A SET OF RULES THAT WE CAN FOLLOW.
UM, PROPOSITION A, UH, IS A VERY HIGH LEVEL SET OF WORDING AND CHANGES TO OUR CHARTER, AND IT CREATES A WHOLE LOT OF UNCERTAINTY FOR Y'ALL AS WELL AS FOR US.
UM, TIMING IS AN, IS A GREAT EXAMPLE.
AND WHAT I HEARD AT THE LAST COMMITTEE MEETING, UM, WAS THAT THERE IS CONCERN, UH, MAYBE NOT WHAT THIS ADMINISTRATION MAY BE, BUT POTENTIALLY WITH FUTURE ADMINISTRATIONS, THAT THERE WOULD NOT BE AS MUCH EARNESTNESS IN THE COLLABORATION BETWEEN THE ADMINISTRATION AND THE COUNCIL.
AND SO BY THE ESTABLISHING OF THE RULES, THE IDEA HERE IS THAT WE CAN BIND FUTURE MAYORS AND FUTURE CITY COUNCILS TO FOLLOW A SET OF RULES THAT PRO PROVIDES OPERATIONAL PREDICTABILITY FOR THE DEPARTMENTS WHO WOULD NEED TO REACT.
UM, WITH THAT, UM, THE COMMITTEE ALSO AFFORDED AN OPPORTUNITY, AS I REFERENCED JUST A SECOND AGO, THE OPPORTUNITY FOR Y'ALL TO FREELY SPEAK ABOUT IDEAS, UM, IN ACCORDANCE WITH THE OPEN MEETINGS ACT AND NOT VIOLATE ANY OF THE ROLLING QUORUM RULES THAT YOU'RE SUBJECT TO.
UM, I RECOGNIZE THERE PEOPLE STILL HAVE CHALLENGES WITH THE, THE IDEA OF THIS COMMITTEE.
UM, I THINK THAT, SO HAVING SAID THAT, WE, WE ARE SUPPORTIVE OF THE RULES THAT Y'ALL WOULD LIKE TO IMPOSE ON US, UM, AND WE'RE PREPARED TO REACT AND RESPOND TO THEM ACCORDINGLY.
UM, WHAT I'D LIKE, AND THIS IS, I'LL REITERATE THE POINT I MADE EARLIER.
THIS IS A LEARNING EXPERIENCE FOR US.
AND AS WE UNDERSTAND, I MEAN, IT COULD VERY WELL BE THAT THERE'S A NORMAL AMOUNT OF PROP BASED SUBMISSIONS.
IT COULD BE THAT THERE ARE VERY FEW, IT COULD BE THAT YOU, Y'ALL PUT 40 OF 'EM IN FRONT OF US, AND WE HAVE TO BE ABLE TO SORT OF FEEL OUR WAY THROUGH THIS.
AND SO THE, THE COMMITMENT THAT THE MAYOR HAS MADE AND THE ADMINISTRATION HAS MADE IS TO BE TRANSPARENT AND TO WORK WITH Y'ALL VERY CLOSELY ON, ON THESE THINGS.
AND AS WE SEE POTENTIAL TWEAKS THAT NEED TO OCCUR TO THESE RULES, WE'D LIKE THE OPPORTUNITY TO SIT DOWN WITH Y'ALL AND SORT OF TALK ABOUT WHY WE THINK THE RULES SHOULD BE CHANGED.
UH, IF I COULD, AS THE RESPONSE, I, I DON'T HAVE A PROBLEM WITH ESTABLISHING THE RULES, AND THAT'S WHY YES, MA'AM, WE ARE HERE TODAY, BUT I STILL HAVE A PROBLEM WITH THE QUORUM PIECE.
AND IS THERE ANY OPPORTUNITY FOR THE ADMINISTRATION TO LOOK AT THAT, TO DETERMINE WHETHER THIS COMMITTEE NEEDS TO HAVE A QUORUM? UH, 'CAUSE TO ME IT SHOULD BE MORE OF A PROCESS TO AIR OUT A AND, UH, WHAT THREE COUNCIL MEMBERS
[00:40:01]
HAVE BROUGHT TO THE TABLE, BUT, UH, TO ESTABLISH A QUORUM.AND THEN I LIKE, UH, VICE MAYOR PRO TEMS, UM, BECAUSE I DON'T WANT IT TO BE AN IMPEDIMENT IF WE DON'T HAVE A QUORUM.
SO I GUESS, AGAIN, I'M STILL AT THE QUORUM PIECE, AND MAYBE THE ADMINISTRATION CAN LOOK AT THAT TO DETERMINE WHETHER THIS COMMITTEE IS, CERTAINLY, IF WE'RE GONNA OPERATE, I'M FINE WITH THAT.
BUT TO HAVE, TO HAVE A QUORUM TO OPERATE IS, IS SOMEWHAT OF A, AN ISSUE.
UH, AND IT COULD ALSO SERVE AS AN OPPORTUNITY FOR PEOPLE TO COME TOGETHER AND SAY, WE ARE NOT COMING, WE'RE NOT GOING TO THIS MEETING, AND WE CAN NEVER ESTABLISH A QUORUM.
AND SO, UM, BUT IT'S THE QUORUM PIECE THAT I'M HAVING A PROBLEM WITH RIGHT NOW.
I'M, I'M TRYING TO ABSORB THE REST OF IT, BUT THE QUORUM PIECE I DO HAVE A PROBLEM WITH.
I, I, AND I'LL ASK ATTORNEY, UH, FOLSOM TO KEEP ME HONEST AND LEGAL HERE, BUT, UH, ONE OF THE REASONS WHY, THERE WERE A COUPLE OF REASONS WHY WE MADE THIS A COMMITTEE OF THE WHOLE, UM, THE FIRST IS SO THAT WE DON'T CREATE A POTENTIAL FOR ROLLING QUORUMS. UM, AS YOU KNOW, MOST OF THE OTHER COMMITTEES, BUDGET AND FISCAL AFFAIRS, FOR EXAMPLE, IS ANOTHER COMMITTEE OF THE WHOLE, UM, IF A QUORUM IS NOT ESTABLISHED, WHAT WE LEARNED IN OUR LAST MEETING, ANOTHER, UH, SURPRISE WAS THAT WE LEARNED THAT, UH, IN EFFECT ALL COMMITTEES FOR AS LONG AS I'VE BEEN AT THE CITY OF HOUSTON AND LONGER HAVE BEEN MEETING AND CONDUCTING WORK OUTSIDE OF THE OPEN MEETINGS ACT, IF THEY DO NOT ESTABLISH A QUORUM.
SO I KNOW OUR, OUR ATTORNEY, MICHELLE, HAS SPOKEN WITH, UH, ALL OF THE CHAIRS OF THE COMMITTEES, AND WE HAVE CRAFTED LANGUAGE THAT ALLOWS YOU, IT'S EFFECTIVE, EFFECTIVELY TRADITION.
RIGHT? UM, TRADITIONALLY THE CITY COMMITTEES HAVE ACTED THIS WAY.
WHAT IT DOESN'T ALLOW YOU TO DO, IF YOU DO NOT ESTABLISH QUORUM AS A COMMITTEE OF THE WHOLE, IF YOU DO NOT ESTABLISH QUORUM, YOU CANNOT TAKE OFFICIAL ACTION.
UM, WHICH IS THE LIMITING CHALLENGE.
AND THE, THE IDEA HERE, YOU COULD STILL SHARE YOUR IDEAS IN THIS FORUM.
YOU CAN STILL HAVE CONVERSATIONS AND, AND, YOU KNOW, GO BACK AND FORTH, INVITE THE PUBLIC UP TO SPEAK.
BUT THE, THE CHALLENGE IS ANY SORT OF, ANY VOTE THAT WOULD COME OUTTA THIS COMMITTEE CAN'T OCCUR, UM, IF YOU DON'T HAVE QUORUMS. AND THAT'S, THAT'S THE IMPETUS BEHIND IT.
IF THERE IS, UH, IF THE COMMITTEE CHAIR AND, AND VICE CHAIR, IF Y'ALL COME TOGETHER AND DECIDE THAT THERE'S A VALUE IN REDUCING THE MEMBERSHIP REQUIREMENT OF GOING FROM A COMMITTEE OF THE WHOLE TO SOMETHING SMALLER SO YOU CAN ESTABLISH QUORUM, THAT WOULD MAKE SENSE.
I WOULD BE, I WOULD EXPECT, UH, I WOULD HOPE NOT EXPECT, I WOULD HOPE, UH, THAT Y'ALL WOULD BE ABLE TO FIGURE OUT WHICH COUNCIL MEMBERS WOULD SIT ON IT AND DO THAT AS A UNIFIED BODY.
UM, THE EASY OUT FOR US WAS SAYING EVERYBODY'S A MEMBER.
YOU KNOW, WE ARE CONDUCTING IMPORTANT BUSINESS HERE, UM, TO, YOU KNOW, KIND OF VET SOME OF THESE ORDINANCES AND WORK OUT SOME OF THE KINKS.
AND SO I'M OPTIMISTIC THAT WE ARE GONNA HAVE A QUORUM EVERY MEETING BECAUSE WE'RE THAT INVESTED IN, UM, YOU KNOW, THE OUTCOME OF OUR CITY AND WHAT OUR CONSTITUENTS WANT TO SEE FROM US.
SO WITH THAT BEING SAID, WE HAVE A MOTION WITH, UH, FOR COUNCIL MEMBER PECK'S, UM, AMENDED MOTION, OR, I'M SORRY, ARE YOU GONNA PUT FORTH YOUR AMENDMENT OR THE AMENDED AMENDMENT, OR, I MEAN, IS IT THE PREFERENCE TO DO THE AMENDED AMENDMENT OR TO WAIT FOR IT TO COME TO COUNSEL? I JUST WANNA MAKE SURE THAT WHAT WE'RE PUTTING IN IS VALID AND LEGAL, AND WE DON'T HAVE TO GO BACK AND CHANGE IT LATER.
I'LL ASK THE ATTORNEY, AS LONG AS IT CHANGES, I DON'T CARE WHICH WAY WE DO IT.
SO I'LL ASK THE ATTORNEY WHO'S GONNA HELP US WRITE THIS.
WOULD YOU PREFER TO MAKE THE LANGUAGE CHANGE NOW? OR WOULD YOU LIKE A LITTLE BIT OF TIME TO MAKE SURE THAT IT, IT FLIES? I THINK PERHAPS IF THE, THE COMMITTEE AND THE, THE COUNCIL MEMBER IS OKAY WITH IT ON THIS ONE, I CAN TEE UP SOME LANGUAGE WHEN WE PREPARE THIS ORDINANCE TO GO TO COUNCIL, JUST TO MAKE SURE THAT IT COVERS ALL THE BASES AND IT DOESN'T PRESENT ANY ISSUES.
UM, RATHER THAN KIND OF PASSING IT AS AMENDMENT AMENDED.
AND, YOU KNOW, PERHAPS THERE IS A CON CONCERN IF THAT WORKS FOR YOU.
THAT'S GONNA BE MY COMMITMENT, IS THAT WE DO THAT PROCESS.
WE'LL GIVE YOU THE AMENDMENT TO MAKE THE MOTION AT THE TABLE, UH, TO AMEND THE LANGUAGE.
AND THEN, UH, THE ASSUMPTION HERE IS THAT I, I MEAN, WE'RE FINE WITH THIS.
I JUST WANNA MAKE SURE THAT IT DOESN'T CONFLICT WITH THE CHARTER.
WELL, IN THAT CASE THEN I'LL WITHDRAW THE AMENDMENT WITH THE COMMITMENT FROM THE ADMINISTRATION AND THE LEGAL DEPARTMENT TO WORK ON THAT BEFORE IT COMES TO COUNSEL FOR THE VOTE.
UH, AND JUST FOR SOME CLARIFICATION, SO IF WE LOOK AT, UM, E ONE VOTE REQUIREMENTS FOR TAKING ACTION ON AN ITEM, AN ITEM ON AN ACTION PROPOSED, I, AN ACTION ON AN PROPOSED ITEM FROM THE COMMITTEE REQUIRES AN AFFIRMATIVE RECORD VOTE OF THE MAJORITY OF THE MEMBERS PRESENT AT THE COMMITTEE.
IT DOESN'T SAY ANYTHING ABOUT A, A QUORUM HERE.
UM, AND I THINK IT MAYBE THAT MIGHT BE SUFFICIENT.
SO WE HAVE SIX PEOPLE OR SEVEN PEOPLE HERE
[00:45:01]
THAT ARE PARTICIPATING.AND I KNOW IT'S A, IT'S A COMMITTEE OF ALL, BUT IF THERE'S SEVEN PEOPLE HERE PARTICIPATING, THEN YOU KNOW, FOUR VOTES COULD MOVE IT ALONG, POSSIBLY THROUGH THAT.
SO, QUORUM, QUORUM AND MAJORITY ARE DIFFERENT IN THIS CONTEXT.
QUORUM IS BECAUSE IT'S A COMMITTEE OF THE WHOLE, THERE'S 16 MEMBERS, YOU NEED NINE PEOPLE TO ESTABLISH QUORUM.
AND SO THE MINIMUM AMOUNT FOR A MAJORITY VOTE IS FIVE.
AND AS YOU INCREASE THE NUMBER OF PEOPLE, THE MAJORITY REQUIREMENT GOES UP.
SO IN THIS CONTEXT, QUORUM IS THE, THE PREDICATE TO EVEN TAKE ACTION IS THAT QUORUM IS NINE.
SO NINE MEMBERS HAVE TO SHOW UP.
AND, AND, AND SO TO, TO THAT, AND I, I DON'T KNOW IF IT'S SOMETHING THAT WE SHOULD BE TAKING UP IN ETHICS AND GOVERNANCE AS WELL, WHERE WE TALK ABOUT, YOU KNOW, WHAT A QUORUM IS.
IT'S SOME OF THESE COMMITTEES MM-HMM
BUT, UM, I, I, TO YOUR POINT EARLIER, I THINK, YOU KNOW, WE DON'T WANT BUSINESS TO, YOU KNOW, STALL OR, OR YEAH, AGREED.
YOU KNOW, SO IF WE COULD MAYBE EVEN HAVE THAT CONVERSATION, YOU KNOW, IN, IN A COMMITTEE AT ONE OF MY, IN MY COMMITTEE MEETING, UM, TO ESTABLISH THAT CERTAIN SPECIFIC COMMITTEES, UM, YOU KNOW, SPECIFICALLY PROP A IN THIS, IN THIS INCIDENT.
BUT EVEN IN MINE, IT'S A, I THINK IT'S A QUORUM OF ALL.
I MEAN, IT'S A, IT'S A, IT'S A COMMITTEE OF ALL.
UH, WE STILL WANNA MAKE SURE THAT WE'RE ADDRESSING THESE, THESE, UM, THE BUSINESS OF THE CITY.
SO IT'D BE SOMETHING THAT I, I CAN TAKE ON, UM, WITHIN MY COMMITTEE AS WELL.
UM, SO IN, NO, UM, CAN WE CLARIFY IN THE DRAFTING PROCESS, IS THIS 48 BUSINESS HOURS OR JUST 48 HOURS? SO JUST A THOUGHT.
WELL, THAT, THAT ONE WAS ALREADY MEANT THAT ONE WAS ALREADY PASSED.
SO IT READS 48 HOURS AS PASSED.
AND IN THE INTEREST OF TIME AND GETTING OUT OF HERE WHILE WE HAVE A QUORUM, UM, I'D LIKE TO, UH, CALL THE VOTE AND TO VOTE ON THE AMENDED RULES.
PLEASE CALL THE ROLE CHAIR HUFFMAN.
COUNCIL MEMBER CAYMAN, VICE CHAIR.
COUNCIL MEMBER FLICKINGER? YES.
COUNCIL MEMBER POLLARD MAYOR PRO TEM CASTEX TATUM.
THANK Y'ALL SO MUCH FOR COMING.
UM, TODAY I HOPE TO SEE A QUORUM EVERY SINGLE, UH, PROP A MEETING THAT WE HAVE.
AND JUST REMEMBER, THESE AREN'T SET IN STONE, SO WE CAN AMEND THESE AT ANY TIME IF WE SEE THAT THEY'RE NOT WORKING CORRECTLY.
SO AT THIS POINT, IT'S 10:57 AM ON JUNE 25TH, AND THE MEETING IS ADJOURNED.