Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 22-765Postponed to 8/1

Agenda Title:

  1. 22-765 - A resolution creating the Charter Review Commission for the City of Independence, Missouri, to consist of nine members to be appointed by the City Council; defining the purposes and duties of said commission and the objectives sought to be accomplished; and further providing for the organization and plan of operation for said commission.
Recommendations:

Staff recommends approval.
Executive Summary:

This Resolution establishes a nine-member City Charter Review Commission. Each City Councilmember is responsible for nomination three candidates to serve on the commission, and ranked choice voting will determine the top individual to serve on the commission. The Mayor is responsible for appointing one individual, who will serve as committee chair. The final two Commissioners will be selected via ranked choice voting of all six members of the City Council from the pool of remaining nominees. Commission members are to be confirmed by vote of the City Council at the August 1, 2022 City Council meeting, with work to be completed within one year and any amendments to the City Charter to be submitted to the voters at the April 2024 election, provided the Commission does not request additional time to complete their review and prepare their recommendations.
Previous Activity:

On April 18th, 2022, the City Council approved Ordinance 19321, forming a seven-member Charter Review Commission with members individually appointed by one member each of the City Council.  On May 23rd, 2022, the City Council rescinded this ordinance and directed the City Manager to research best practices for establishing a City Charter Review Commission and to prepare a resolution for consideration by the City Council based on these findings.
Background:

The Commission: Purpose and Scope

The purpose of the Charter Review Commission is to review the existing Charter of the City of Independence, Missouri and make such recommendations for change as the Commission may deem necessary and proper in order to amend the provisions of the existing Charter with reference to improving the mode and manner of operation and efficiency in conducting the affairs of the City and to advise the City Council on revisions which may be necessary or desirable to improve and enhance transparency and the general function of city government.

 

Commissioners: Total Number and Appointment Process

The Commission shall consist of nine citizens of the City of Independence, to be appointed by the City Council in the following manner: The City Manager shall solicit applications from candidates with the qualities of leadership, temperance, judgement, and interest in the governance of the City of Independence. Applicants will answer questions about their interest, their experience and how they would approach the work. Each Councilmember shall recommend three individuals from their Council District (or, in the case of the City Councilmember At-Large, from the general City population) for final consideration by the full Council. Each member of the City Council will then rank the three finalists submitted by each Councilmember, with the top finalist among each Councilmember's nominees being appointed to the Commission. The Mayor shall appoint the Chairperson of the Commission.  The final two Commissioners will be selected via ranked choice voting from the remaining pool of nominees not selected in the first round of ranked choice voting. Each appointment to the committee will be affirmed by majority vote of the City Council at the August 1, 2022 City Council meeting. 

 

Commissioner Qualifications

When selecting Commissioners, City Council officials will look for candidates with diverse perspectives who have experience championing community needs. Because it is imperative that the Commission is able to be detached, objective and impartial, any former Independence Mayor, City Councilmember, or City of Independence employee shall be ineligible to serve on the Commission. The members should a) be in touch with the perspectives present in the community; b) command respect from local residents; and c) bolster the confidence of citizens in the process and the work of the commission. At the heart of this process is the active and focused engagement of a diverse and representative group of community members. All segments of the community should be represented. No one should be excluded based on race, creed, color, ethnicity, national origin, religion, sex, sexual orientation, gender expression, age, height, weight, disability status, veteran status, military obligations or marital status. Members of the Charter Amendment Advisory Board shall serve without compensation. Any member of the Charter Amendment Advisory Board shall be removeable at the pleasure of the City Council by a vote of at least five members of the Council, with or without cause. 

 

Commission Focus Areas

The Commission shall consider, but not be limited to, the following areas:

1. Inclusion of a mandatory Charter review provision in Article 15 and to determine the period of time between each mandatory review.
2. Procedural changes, including changing the dollar amount above which a bond is required for a public improvement project (Section 11.6) and changing the timing of initiative and referendum elections to be congruent with the Jackson County Board of Elections (Article 7).
3. Review of the formation and operation of public utilities as outlined in Sections 3.12 through 3.18.
4. Review of the Powers and Duties of the Personnel Board (Section 3.29) to ensure consistency with state and federal law.
5. Political activities, including allowable activities by City employees (Section 5.4).
6. Administrative Departments (Article 3), to ensure maximum flexibility to meet the evolving needs of the community.
7. Campaign finance, including consideration of contribution and expenditure limits (Article 5).
8. Term limits for Mayor and City Council (Article 6.2).
  

 

Commission Timeline and Responsibilities

The Charter Amendment Advisory Board shall act as an advisory board to the City Council on matters pertaining to the revision and amendment of the City Charter. The Commission will study the City Charter, conduct hearings and make written recommendations to the City Council by August 1, 2023. The Commission shall begin its work as soon as practicable after all members are appointed, with the goal of recommending amendments within one year of the first meeting for consideration by the City Council in order to ensure that proposed amendment can be placed on the April 2024 ballot, provided that the Commission does not request additional time to complete their review or prepare their recommendations. The Commission shall outline in their final report the following:

1. The substance of any proposed amendments, revisions, or repeals to the Charter (the Proposals);
2. The policy reason(s) for each Proposal;
3. Estimated fiscal budgetary impact for each Proposal;
4. Impacts of each Proposal on existing City laws, rules, practices, and procedures;
5. Proposed ballot language for each Proposal in accordance with Article 15 of the Charter.
 


Fiscal Impact:

The Commission is authorized to request of the City Manager suitable and qualified assistance should the Board ever have need for such services. Depending on the nature of these requests for assistance, some expenditures may be necessary.

Department:          City Manager's OfficeContact Person:          Zach Walker


REVIEWERS:
DepartmentAction
City Clerk DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
ResolutionResolution
Management Analyst MemoBackup Material