Title
Discussion and Possible Action of the Council Charter Review of Utilities Profit Transfer; Council Procedures for Filling Partial Terms of Elected Officials; and Party Affiliation Requirements for Boards and Commission Members
Recommended Action
I move that Council direct the County Manager to draft an ordinance to formally propose the following change(s) to the Charter: ____________.
Board, Commission or Committee Recommendation
The Charter Council Working Group recommends changing the Charter language concerning party affiliation requirements for all Boards/Commission except Planning and Zoning Commission, Board of Public Utilities, and Personnel Board.
Body
The County Council have recently discussed possible changes to the Charter. Chair Randall Ryti formed a Council Working Group consisting of Councilors Theresa Cull, Melanee Hand, and David Reagor. The Council Working Group met and discussed the following Charter changes.
Section 305.3 Composition of Standing Boards and Commissions
Currently reads, “No more than a simple majority of the voting members of any standing board or commission shall be members of the same political party.
Comments: Board/commission might feel that they need to appoint someone who is less qualified just because of party affiliation or leave a position vacant because they can’t find a qualified candidate of the “correct” party. Most boards/commissions are strictly advisory (except for Planning and Zoning, Board of Public Utilities, or Personnel Board); final decisions are made by Council. Chapter 8 of the County Code could be modified to encourage party balance when achievable.
Recommended change, “No more than a simple majority of the voting members of Planning and Zoning Commission, Board of Public Utilities, or Personnel Board shall be members of the same political party.”
Section 504 Rates and Charges
Fourth Sentence currently reads, “The Department of Utilities shall be operated on a compensatory basis.”
Comments: Is this true? Section 509 (Priority of Budgeted Expenditures) outlines how funds will be expended. Number 6 states, “All remaining operating profits shall be transferred to the County General Fund.” Does the term “profits” conflict with the fourth sentence?
Possible change to Section 509, “6. Any remaining funds shall be transferred to the County General Fund.”
Section 911 Filing of Vacancies
“When a vacancy occurs in the elective offices of Clerk, Assessor, or Sheriff, the County Council shall appoint a qualified person to fill such office for the remainder of the expired term.”
Comments: This statement is consistent with 200.4 (Vacancies) for County Councilors, except that 200.4 says, “if the vacancy occurs within (90) ninety calendar days prior to the expiration of the term, no such appointment shall be made.” Since there are 7 Councilors, Council would be able to continue to function with the vacancy. In the case of Clerk, Assessor, or Sheriff, there is only one position and failure to appoint means the position remains vacant. Rather than appointment, Council could request a special election for the vacant position, but this can be costly and take a lot of time. Based on these comments, no change is recommended.
Process to Make Charter Changes
For any individual potential charter change, the next step is to draft an ordinance that formally proposes the change. That ordinance will specify the actual new proposed charter language and will also specify the election date. After introduction, each ordinance will have a public hearing which will provide an additional opportunity for public input and for Council discussion and deliberation. If the ordinance is adopted by the Council, then the proposed change will be presented to the voters for adoption or rejection at an election. In general, Council must notify the Clerk’s office not less than 70 days before the proposed election date. The item could be placed on the ballot for a local or a general election. To be on the 2026 General Election (November 3), the ordinance would need to be effective and filed before August 25, 2026.
Alternatives
Council could decide not to move forward with the process to make the recommended Charter change.
Fiscal and Staff Impact/Unplanned Item
There is minimal fiscal and staff impact if the recommended Charter change would be considered as part of the General Election.
Attachments
A - County Charter