AGENDA CAPTION:
Title
Receive a staff update and hold discussion regarding periodic review of the San Marcos City Charter; the Charter Review Commission appointment process; and provide direction to Staff.
Body
Meeting date: December 3, 2024
Department: City Attorney and City Clerk
Funds Required: N/A
Account Number: N/A
Funds Available: N/A
Account Name: N/A
CITY COUNCIL GOAL: N/A
COMPREHENSIVE PLAN ELEMENT(s): N/A
BACKGROUND:
Section 12.12 of the San Marcos City Charter, set forth below, governs the charter review process and requires the appointment of a charter review commission at least every four years.
Sec. 12.12. - Charter review commission.
Beginning in January 2013 and at least every four years thereafter, the city council shall appoint a charter review commission of seven citizens of the City of San Marcos.
(a) Duties of the commission:
(1) Inquire into the operation of the city government under the charter provisions and determine whether any such provisions require revision. To this end public hearings may be held; and the commission shall have the power to compel the attendance of any officer or employee of the city and to require the submission of any of the city records which it may deem necessary to the conduct of such hearing.
(2) Propose any recommendations it may deem desirable to ensure compliance with the provisions of the charter by the several departments of the city government.
(3) Propose, if it deems desirable, amendments to this Charter to improve the effective application of said charter to current conditions.
(4) Report its finding and present its proposed amendments, if any, to the city council.
(b) The city council may take action to amend the charter in the manner provided by state law.
(c) Term of office: The term of office of such charter review commission shall be six months, and, if during such term no report is presented to the city council, then all records of the proceedings of such commission shall be filed with the person performing the duties of the city clerk and shall become a public record.
The last Charter Review Commission was appointed in 2021. The commission held a series of meetings to consider possible amendments to the San Marcos City Charter. The commission reviewed and discussed amendments suggested by individual members of the City Council, City Staff and outside organizations, but also conducted its own section-by-section review of the charter.
A copy of the Final Report of the 2021 Charter Review Commission is attached to provide you an idea of the types of things addressed in the amendment process.
Appointments to the charter review commission are scheduled to be made in January, 2025. The mayor and each council member will have the opportunity to nominate one member. At that same meeting, council will also have the opportunity to vote on the “charge” (instructions) to be given to the commission regarding any specific provisions of the charter to be reviewed.