RATIONALES - Supplied by Dr. Larry Keller - facilitator
Decisions and Rationales
Monday 10 March 2014 6:30 PM
Women's Pavilion, Lakewood City ParkI. Kevin Butler, Law Director, and Jennifer Pae, Finance Director, who joined the meeting later, answered questions about some of the provisions of the Charter that were highlighted in the Commission’s review the previous week. Jennifer had shared written comments with Dr. Larry Keller and these will be shared with the Commission after Jennifer reviews the comments Dr. Keller added to her comments.
II. The following specific issues were discussed, some among members of the Commission and some with the Law and Finance Directors. The decisions on the issues are in the order the issues were discussed.
III. Dr. Keller to create and distribute a table listing all the various voting requirements in the Charter
Different sections of Article III have different vote requirements on issues and these are expressed in different ways. Kevin prefers avoiding specific numbers, such as 5 votes, so that future revisions are minimized if not avoided. Also different provisions on voting of some Boards and Commissions were also noted. After some discussion, all agreed to have Dr. Keller illustrate all the methods of voting in a table so that the voting provisions could be better understood.
IV. City should pay all required bonds
Article III, Section 17, is ambiguous about the city paying required bonds. The section states city “may” pay required bonds rather than must pay. Context indicates that the city should pay the bond but language should be clear.
IV. Interim Mayor provision to be reviewed after deciding form of government
Concern that the interim mayor may not follow the program begun by the elected mayor whom the interim replaces. Kevin noted that only the Law Director has to be a Lakewood resident and thus not clear that a Charter based line of succession would work if based on administrators as Law Director may not want to serve. Since the issue would not arise under the Council-Manager form of government, resolution was postponed awaiting the decision on form of government.
V. Specific departments should not be named in the Charter with Law and Finance possible exceptions; Tom Wagner, Jay Carson and Dr. Keller to draft such a provision
Jennifer Pae had noted there is no Health Department though it is mentioned in current Charter. Also, Charters from both Shaker and Cleveland Heights do not mention specific departments with some exceptions. Question about whether Planning and Development Department may have to be named; Kevin will check to be sure that is not a legal necessity
VI. Kevin to report back if the current lease of Lakewood Hospital would be affected by removing all provisions on the Hospital
General decision to remove all but necessary specifics from the Charter. As the last Section, Section 4, in Article XV moots other Sections of that Article, no need to retain any of the Article unless the current lease would be affected by removal. In no event would the city resume operation of the hospital and so Article XV is unnecessary.
VII. Finance provisions need revision, perhaps in a separate Finance Article; discussion to resume as the Committee of the Whole after reviewing Jennifer Pae’s written comments which will be distributed to the Commission by Dr. Keller
Jennifer Pae reviewed several Finance provisions, such as
Section 14 of Article III and Sections 29, 30 and 31 in Article XVI, which are either not followed or which may not be accurate. She questions the extent to which specifics need to be included in the Charter and that all financial provisions may be better organized into one Article. Also some issues may require the input of bond counsel as they deal with bonds.
VIII. Kevin Butler reminded the Commission that their role is to determine how the community can best be governed. He warned against focusing on details and instead concentrating on creating an elegant Charter expressing how the Commission wants the community to be governed.
The main question should be – does this need to be in Charter? If not, remove it. Kevin noted the current provision can become an ordinance by Council specifying in the ordinance placing an issue on the ballot, that if the voters decide to remove the provision then the content becomes an ordinance. This insures that all current Charter content remains in effect while the Charter becomes more of a governing document rather than a mish mash of policies and details.
IX. Next week’s agenda to be continuation of the Finance discussion and begin discussion of form of government.
X. Meeting adjourned
AGENDA
Monday 17 March 2014
Women’s Club Pavilion
Lakewood City Park 6:30 PMOpening Remarks Tom Brown, Chair
Continuation of discussion of the Finance provisions Materials
Comments from Jennifer Pae with additions by Dr. Keller
Review of draft of Department Article Materials
Draft Article by Jay Carson, Tom Wagner and Dr. Keller
Discussion of Form of Government Materials
Various Documents from ICMA; file sent to all members
Oberlin Charter Review Materials: http://www.cityofoberlin.com/CityCouncil/OberlinCityCharter.page Website on Professional Managers
http://lifewellrun.org/U. S. Conference of Mayors website – little on form of government; policy oriented
http://www.usmayors.org/Agenda for next meeting
Questions from the Public
Adjournment
