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Charter Commission Moves Forward

Last Tuesday’s Charter Commission moved forward on a number of issues that had been mired in debate at previous meetings. A preamble was agreed upon with compromise language worked out between Charter Commissioners Lisa Emerson and Ted Bowman. The language for Article Two, which covers the topics of Incorporation and Boundaries was also agreed upon.

Article One, which covers topics of Restrictions and Powers, bogged down over disagreements on language in the document defining specific limitations on the authority of the municipal government in Raytown.  After four unsuccessful attempts to reach agreement, Commissioners agreed to re-visit the issue at a future meeting. 

The Commission then moved on with a first reading of Article Three. (for more information on Article Three check out this week’s column by Paul Livius, Paul’s Rant)

After five meetings the Charter Commissioners appear to becoming more comfortable in their discussions and ease in which debate is accepted by participants. Or, more simply stated, they agree to disagree in a gentlemanly manner.

Divisions within the Commission are becoming more easily defined. One group, whom we call the “keep it simple” crowd – have been consistent in their efforts to block language not in line with a model charter provided the Commission by the Missouri Municipal League. Their efforts have had mixed results.

The preamble of the Charter which specifically spells out individual rights for Raytown Citizens was definitely a “win” for the progressive faction of the Commission who do not agree with the “cookie cutter, one size fits all” concept championed by the “keep it simple” crowd. Compromise language drafted by Lisa Emerson and Ted Bowman was readily accepted by a majority (but not all) of the Commission.

The fifth meeting also saw the first signs of interest from the Raytown Community.. A small number of people came to observe the proceedings. Leslie Schroeder addressed the Commission and spoke on the subjects of Eminent Domain and the importance of individual property rights in the language of the Charter.

Paul’s Rant BY PAUL LIVIUS

There was an interesting debate in last Monday’s Raytown Charter Commission Meeting that should hold a valuable lesson* for the Commissioners.

The discussion was over compensation of elected officials – in this case it had to do with how the Board of Aldermen is given pay increases.

Raytown has ten elected Aldermen. They are elected to four year terms. However, since only half of the Board is elected at a time, elections are held every two years. The alternative to this practice would be to go to one election every four year. So far, the Charter Commission has opted for the split of elections creating the two year cycle for elections.

The two sides in this debate were championed by Alderman Jim Aziere and former Alderman Greg Walters. 

Let’s say that the Board decides to give itself a raise. That is where the “interesting” part of the argument comes into play.

Aziere argued that since a new Board is sworn in every two years, that a new “term” is started. Therefore, all Aldermen would receive the pay increase.

Walters argued that Aldermen were elected to four year terms. Therefore, half of the Board would have to wait for two years to receive the increase.

Walters based his argument on experience. He told the Charter Commission that during his 27 years on the Board of Aldermen the salary was increased three times. Each time, he said, only half of the Board received the increase immediately. The other half had to wait until they finished their term of office.

Aldermen, Walters said, are elected to four year terms, not two year terms. He continued that this was a matter of state law and neither the Commission nor the City could over-ride the State Constitution.

Aziere made an emotional speech in which he repeated his claim that a new term of office begins each time the Board is sworn in every two years.

The vote was taken. Those supporting Aziere’s amendment carried the day by a vote of 10 yes, 2 no, and one absent.

The next day Greg contacted the Missouri Municipal League to find the Chapter and Verse of the Constitution which would settle the argument.

He was directed to the Missouri Constitution, Article VII, Public Officers, Section 13. This section of the Constitution deals directly with question when elected officials can receive pay increases. It reads:

Limitation on increase of compensation and extension of terms of office.

Section 13. The compensation of state, county and municipal officers shall not be increased during the term of office; nor shall the term of any officer be extended. 

When the Charter Commissioners took their Oath of Office at their first meeting they “. . . that I will support the Constitution of the United States and of the State of Missouri; the provisions of all laws of this State affecting Cities of this Class . . .”

There really is not any wiggle room on this point. Mr. Aziere may have had the votes, but for the Charter to be a legal document it must abide by the laws of the State of Missouri. 

*THE VALUABLE LESSON: The Charter Commission has been delving into some pretty complicated issues lately. As the above story illustrates, they are flying blind in areas of legal questions as to what they can and cannot do. Close to 45 minutes was spent debating how City Council Members would receive pay increases. As it turns out the 45 minutes was a waste of time -- the Commission has no choice but to follow State Statutes. An attorney with a rudimentary understanding of State Law would have saved the a lot of time and energy on this question. This is not the first time the Commission has run afoul of State Law. At its first meeting, Greg Walters was surprised to find the minutes did not contain any vote totals or proper motions recorded for public record. He checked with the Attorney General's Office of Missouri. Once again, state law required proper record keeping including vote totals and motions. Clearly, the Commission needs the service of a legal adviser. 

Tardy Broadcast 

Schedule Addressed

At last Monday’s Charter Meeting Ward 2 Alderman Jason Greene answered a question regarding the tardy broadcasts of recent City Council meetings on You Tube.

One of Greene’s Ward 2 constituents, Robbie Tubbs, had raised the question at a recent City Council meeting – asking why it was taking up to two weeks to post the re-broadcasts of Council meetings on You Tube.

Greene told Charter Commissioners and those in attendance that he had spoken with the City’s Public Information Officer and had been assured that future meetings of the Board of Aldermen will be posted to You Tube more promptly.

Greene’s question was in response to a question from Raytown Charter Commissioner Greg Walters. Walters has since been criticized by Michael Downing of Raytown Online, for asking the question during a Charter Commission meeting (because it had to do with “city business”).

When told about Downing’s criticism Walters replied, “Robbie Tubbs used the proper venue in posing the question. However, because of the City Council’s ridiculous policy of not answering questions from the public when they are asked, I felt it was necessary to expedite the response.”

“Jason did the investigation and had an appropriate answer. And now the public has an answer. I really do not see what is wrong with that.” 

The Raytown City Council's next meeting is this coming Tuesday, July 1st.  

Raytown Charter News Link 
The Raytown Charter Commission, has created a webpage for the Commission. The page has names, phone numbers and email addresses of Charter Commissioners, links to the Minutes and Video of past meetings. Use the following link to visit the page.

Use this link . . . CHARTER COMMISSION

BY JENN

FIT BOTTOMED EATS

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