[Charter-Com] Charter Redraft

Turley, Michael R. mturley at lewisrice.com
Fri Jun 6 04:45:33 UTC 2008


Because of some recent events that Tony and Phil will explain at the next meeting, Phil asked me to accelerate the process of drafting the provisions of the charter pertaining to the Sheriff.
 
In drafting the provisions regarding the Sheriff, I hope that I have created a template for stating the powers and duties of all the elected offices and the director of administration.  My approach here is to define departments by elected offices and the director of administration and to define the department as being "supervised and managed" by the office holder.  In the Sheriff's case I added the word "controlled", but this must be debated for all the offices.  We need to discuss the relative "control" of the the office holders, the county executive and the county council.
 
My thinking at the moment also is that the duties and powers of the department of administration should be defined in a very limited way, but to provide in the Charter that the office holders (or the county executive) are to periodically review the functions performed by their respective personnel and that the county executive (with the concurrence of the affected office holder)  may move clerical functions, and move those employees, to the Department of Administration if the result would be more efficient functioning of the government without excessive cost increases.  We would have to define what "clerical" means.
 
I have also made extensive changes to the draft with a view to keeping related provisions more logically together, moving all  transition provisions to a transition provisions article near the end that can be ignored in two years or so, and setting the document up for being shortened more easily.  (Unfortunately, a redline looks like spaghetti, so I am afraid you all may be mad at me.)  I have also made some changes that correct what I now believe would be legally erroneous language, such as that Jefferson County will remain a subdivision of the State of Missouri.  The Missouri Constituion says that it will be a "body corporate and politic".  We also need to discuss whether we want to continue to refer to "registered" voters or instead to "qualified" voters (or electors), as does the Constitution.
 
I am leaving a hole in the redraft for Bill's draft of the Merit System provisions.
 
All of this is so far not reviewed by the other members of the drafting committee.  I will send the redraft to them tomorrow and hope to send it to everyone on Monday or Tuesday after they have had an opportunity to pick it apart.  Once we get the provisions regarding the office holders and their departments in it, we will have a draft that cannot be misconstrued as was the one now on the web site, as Tony and Phil will explain.
 
I have a previously scheduled function to attend (and MC) on the 12th, so I will not be there until 7:30 or so.  You will probably get more done.

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