2012 Charter Revision Committee

2012 Charter Revision Committee

History

In August 2011, the Austin City Council appointed the following members to a Charter Revision Committee, which will oversee a charter revision process described below.

• David Butts (nominated by Mayor Lee Leffingwell)
• Fred Cantu (nominated by Mayor Lee Leffingwell)
• Ken Rigsbee (nominated by Mayor Lee Leffingwell)
• Gonzalo Barrientos (nominated by Mayor Pro Tem Sheryl Cole)
• Nelson Linder (nominated by Mayor Pro Tem Sheryl Cole)
• Delia Garza (nominated by Council Member Mike Martinez)
• Kathleen Vale (nominated by Council Member Mike Martinez)
• Fred McGhee (nominated by Council Member Laura Morrison)
• Susan Moffat (nominated by Council Member Laura Morrison)
• Margaret Menicucci (nominated by Council Member Chris Riley)
• Ted Siff (nominated by Council Member Chris Riley)
• Ann Kitchen (nominated by Council Member Bill Spelman)
• Delores Lenzy-Jones (nominated by Council Member Bill Spelman)
• Richard Jung (nominated by Council Member Kathie Tovo)
• Fred Lewis (nominated by Council Member Kathie Tovo)

Charter Revision Process

The Austin City Council is considering proposing a series of charter amendments which, if passed, would accomplish the following:

• Create a hybrid of single-member and at-large districts.
• Move municipal elections from May to November.
• Create non-staggered, four-year terms for every Council seat including the Mayor's seat. 
• Modify some of the contribution limits to campaigns.
• Reduce City Council term limits from three terms to two terms.
• Make minor modifications to campaign contributions in a run-off.
• Make the number of required petition signatures for initiative and referendum match the required number of petition signatures for city charter changes contained in State law.
• Change the stated frequency and location of City Council meetings to conform to current meeting practices.
• Require that the effective date of every ordinance be contained in the ordinance language.

There are other minor changes to the charter under consideration, which will likely go before the voters in November 2012.

The move of municipal elections from May to November is further reinforced by state legislation, i.e., SB 100. This legislation, which was passed in May 2011 by the Texas Legislature, pushes the date for federal primary runoffs to the fourth Tuesday in May, making a municipal election in May difficult for the County to administer. A November 2012 election date would cost the City approximately $1,050,000, because those costs can be shared with Travis and Williamson County. However, a May 2012 election would cost the City as much as $6.8 million, but could be lower if there was a partnering jurisdiction. Council will make a decision on the election date at its meeting on Thursday, September 22, 2011 to give time to obtain pre-clearance from the U.S. Department of Justice in order to move the election date, a decision that can take up to 60 days. If the election date is moved, the Mayor and three Council Members elected in 2009 would have their terms of office extended by six months. The three Council Members are Sheryl Cole, Mike Martinez, and Laura Morrison.

The 2012 City of Austin Charter Revision Committee has established several ways to engage the community as it considers possible charter revisions including geographic representation through districting, term limits, and the authority for City Council make certain appointments.

You have the following options for participating in this exercise:

• Offer feedback on the City's web site.
• Call the 2012 Charter Revision Committee Hotline with questions or comments at 512-539-0070.
• Sign up for Austin Notes to get e-mail updates.

In addition to the phone and online participation, all Committee meetings are open to the public, and individual feedback is encouraged at these meetings. The public may sign-up for Citizens Communication to address the Charter Revision Committee.

February 2012 Update

At its meeting on Thursday, February 2, 2012, the 2012 Charter Revision Committee made final recommendations on proposed charter amendments that will likely go before voters in the November 2012 election. The committee will forward these recommendations to Austin City Council members who are expected to review the recommendations in the upcoming months. The Council has final authority to approve any Charter amendments. In addition, a successful petition campaign (currently a proposal for a 10-1 system is in progress) could be placed on the ballot for voter consideration.

The most important recommendation was to move from an at-large Council system to single-member districts. On a vote of 8-7, the committee narrowly opted for Council representation based on 10 districts based on geographic representation and a mayor elected at-large. The committee also recommended moving municipal elections from May to November, which RECA supports.

The complete list of committee recommended charter amendments follows:

Elections

• Move elections from May to November.
• Prohibit City Council Members from switching Council places to avoid term limits.
• Make the number of required signatures the same for charter, initiative, and referendum petitions. The current requirement of five percent of the municipality's qualified voters to initiate a ballot measure now only applies to charter amendments. The committee recommendation extends that minimum requirement to initiative and referendum petitions.
• City elections will be required for major new revenue bonds greater than $50 million, with a cost of living adjustment.

Governance

• 10 single-member Council districts based on geographic representation and an at-large Mayor
• City Council will appoint the Council staff.
• The City Attorney will report directly to the City Council and appoint Deputy City Attorneys.
• The City Clerk will appoint Deputy City Clerks.
• The City Auditor will appoint Deputy City Auditors.

Campaigns

• A new 30-day fundraising period following elections, including additional restrictions on officeholder accounts.
• An increase in officeholder account amounts (funds used for expenses related to holding an office) with the additional restriction stating that these funds cannot be used for campaign purposes.
• Give the City Ethics Review Commission jurisdiction and enforcement powers in any case of alleged violation of City campaign finance law.
• Report within one business day all campaign contributions and expenditures exceeding $2,500 made within nine days of an election.
• More financial disclosure by reporting and disclaiming independent expenditures, including “express” advocacy and electioneering.
• Electronic filing of all campaign finance, lobbying reports, and expenditures in a publicly searchable and downloadable database.
• Limit the amount of funds a registered City lobbyist can bundle in a contribution to a City Council candidate. The limit is a maximum of $1,750 per Council candidate per election cycle with a maximum of five contributors. The maximum amount registered firms can bundle is $3,500 per City Council candidate per election cycle with a maximum of 10 firms.

Planning Commission

• Ex officio members of the Planning Commission (members who are on the commission because it is part of their duties in holding another office) are non-voting members whose attendance does not count for quorum.

The 2012 Charter Revision Committee met a final time on Thursday, February 16, 2012 to ensure that its decisions and recommendations were accurately represented by City staff. They also issued a Committee Report at that meeting.

Resources

2012 Charter Revision Committee Report to City Council (February 22, 2012)

City of Austin web site

Maps - Plans A-D (June 6, 2011)