There are 11 proposed amendments which are outlined below:
Jump To:Proposition AProposition BProposition C & DProposition EProposition FProposition GProposition HProposition IProposition JProposition K
ARTICLE III SECTION 3.1 – CREATION: COMPOSITION; POWERS AND DUTIES: to allow each Representative the discretion and full authority to appoint and remove district staff as allowed by the budget.
PROPOSED AMENDED LANGUAGE:
Each Representative shall have the discretion and sole authority to appoint and remove legislative aide district office staff.
ARTICLE III SECTION 3.18 – LEASE; FRANCHISE; AND CONVEYANCE: to allow City Council to authorize leases for an initial term of 40 years or less by Resolution or Ordinance.
The right of control, ownership, and use of streets, alleys, parks, and public places of the City is declared to be inalienable except as provided by an ordinance passed by the Council and except for uses of less than thirty days which may have a separate approval process as established by ordinance.
Any authorization ordinance providing for the conveyance, lease, or grant of a franchise regarding the property of the City shall provide for payment to the City of a reasonable fee as consideration for that conveyance, lease, or franchise.
Any sale of City-owned property in fee simple, franchise, or lease for an initial term longer than forty years shall be approved by ordinance.
In addition, any authorization ordinance providing for a the lease or franchise shall must provide that: 1. At the termination of the lease or franchise, the property involved, together with any improvements thereto, made or erected during the term of the lease or franchise, shall (either without further compensation or upon payment of a fair valuation therefore as determined by the terms of the ordinance), become the property of the City; and 2. Every lease or franchise the City may be revoke it d by the City if necessary to secure efficiency of public service at a reasonable rate, or to and must assure that the property is maintained in good order condition throughout the life of the lease or franchise grant.
ARTICLE III SECTION 3.5 A – CITY COUNCIL MEETINGS: to allow Council to adjust for emergencies or City holidays and allow less than a majority to call special meetings.
Regular meetings of the Council shall be held in Council chambers no less than once every other week at such times as may be prescribed by resolution, except that Council may reschedule meetings by resolution to allow for City holidays but must have no less than two regular meetings per month. The Mayor may cancel a meeting if necessary due to a Federal, State or Local declared emergency.
ARTICLE III SECTION 3.9 B – ORDINANCES IN GENERAL: to have copies of all ordinances available electronically.ARTICLE III SECTION 3.10 B – EMERGENCY ORDINANCES: to align to State Law that requires 1-hour notice for the introduction of Emergency Ordinances.ARTICLE VI SECTION 6.1-12 – CIVIL SERVICE COMMISSION: to clarify the process for hearing officers to serve on behalf of the Commission and align to the regular process.
PROPOSED AMENDED LANGUAGE (ARTICLE III SECTION 3.9 – ORDINANCES IN GENERAL): A reasonable number of copies shall be available in the office of the City Clerk, and at such other public places as the Council may designate, for examination by interested persons.
PROPOSED AMENDED LANGUAGE (ARTICLE III SECTION 3.10 B – EMERGENCY ORDINANCES): An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it may be introduced on one two hours’ public notice, and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the unanimous vote of the Council members Representatives present, and the consent of the Mayor, shall be required for adoption.
PROPOSED AMENDED LANGUAGE (ARTICLE VI SECTION 6.1-12 – CIVIL SERVICE COMMISSION): The hearing officers will serve at the Commission’s pleasure, and will not be classified. Reasonable compensation shall be paid by the City. will be procured through the City's procurement process
ARTICLE III SECTION 3.11 INITIATIVE: to review the initiative petition process for benchmarking purposes.
PROPOSED AMENDED LANGUAGE:
Any registered voter may initiate an ordinance that complies with federal, state, and local law by filing with the City Clerk a statement that they intend to circulate a petition. Such statements must include the names and addresses of the petitioner and the full text of the proposed ordinance.
The City Clerk shall place the proposed Ordinance on the City Council Agenda for introduction within thirty days after receiving the statement, followed by a public hearing at the second reading. If City Council fails to adopt the ordinance or adopts it with amendments, the City Clerk will notify the petitioners.
If the petitioners still wish to seek adoption of the ordinance after Council fails to adopt, or does not agree to Council’s amendments, it will then have 365 calendar days after notice from the City Clerk to complete the petition by gathering signatures in the form required by state law, including but not limited to the original signature, printed name, residence address and date of birth or voter registration Whenever of a number of registered voters equal to at least five percent of the voters who voted in the last general City election, or 7,500, whichever number is smaller. sign a The petition must setting forth the precise content of an the ordinance desired by the petitioners. signers.
The City Clerk shall review the petition without delay, but no more than 60 City Clerk office working days, to verify if it meets all requirements, and if authenticated with the required number of signatures, the Council must place that ordinance on the agenda of a Council meeting to be held within thirty working days of the receipt, authentication by the City Clerk, of the petition bearing the authenticated names and addresses of the petitioners. Such an item shall be treated by the Council exactly as any other proposed ordinance.
Should an ordinance proposed by such petition not be enacted by the If Council does not adopt, or should it be enacted adopts the proposed ordinance in an amended form, a second petition, signed by a number of registered voters equal to at least five percent of the voters who voted in the last general City election, may be submitted to the City Council and that official shall have twenty working days in which to authenticate the signatures and thereafter must place the reproposed ordinance on the ballot at one of the next two uniform elections, no later than the next citywide general election specified in State law meeting all deadlines. If the proposal receivesd the favorable vote of a majority of those voting in that election it shall thereupon become a City ordinance. Initiative ordinances adopted or approved by the electors shall be published and may be amended or repealed by the Council, as in the case of other ordinances; provided, however, that no ordinance adopted at the polls under an initiative may be amended or repealed by the Council within two years of adoption.
ARTICLE VI SECTION 6.1-4 – CIVIL SERVICE COMMISSION: to clarify language for appointment to the commission and align to best practices.
PROPOSED AMENDED LANGUAGE: At least two Commissioners must hold or have retired from positions other than managerial or professional. The City should adopt rules that reflect the diversity of the community and City workforce. No more than three Commissioners may be former city employees, and any such Commissioners are not eligible for appointment until two years following separation from the City. Any commissioner may be either actively employed or retired.
ARTICLE VI SECTION 6.7-1 and 6.8-1 – CIVIL SERVICE COMMISSION: to streamline processes and be competitive in recruitment and promotion.
PROPOSED AMENDED LANGUAGE (Sec. 6.7-1):
EXAMINATIONS. An applicant in any examination who uses or attempts to use any unfair or deceitful means to pass the examination shall be excluded from further participation in the examination and the papers not rated, except as may be provided in the applicable Rules or policies and procedures.
PROPOSED AMENDED LANGUAGE (Sec. 6.8-1): The Human Resources Director shall establish administrative policies and procedures for the promotion process, including examination and eligibility, consistent with the provisions of this Article and all applicable federal and state employment laws. Promotion to any position in the Civil Service shall be by examination weighed by seniority and performance record, except as otherwise provided in the Charter or Rules. Eligibility criteria and rating factors for promotions shall be established by Rule and shall include a credit for seniority.
ARTICLE VI SECTION 6.13-11 D – CIVIL SERVICE COMMISSION: to eliminate the Police/Fire Department Pension Cap and align to State statute for changes in City contribution.
PROPOSED AMENDED LANGUAGE: Fireman and Policemen Pension Fund of El Paso. The City shall continue to augment the Firemen and Policemen Pension Fund of El Paso in a manner consistent with the laws of Texas. To augment the Fireman and Policemen Pension Fund, the Council shall in each fiscal year beginning after May 2023, February , 1968 appropriate no less than eighteen percent of the total amount expended for wages of the participants, and may increase this contribution rate as allowed by the relevant state law requirements based on a qualified actuary’s report; an amount equal to three times the amount paid into the fund by the participants therein; provided that the amount contributed by the City shall not exceed eighteen percent of the total amount expended for salaries of the participants.; provided further, however, that in the event age limits for participation in the pension fund, or any division of the fund, are increased as permitted by law and the raising of the age limits causes an increase in funding costs as determined by an actuary, the City shall appropriate an amount equal to such cost increase notwithstanding that such increased appropriation may exceed the otherwise determined eighteen percent of the total amount expended for salaries of the participants, but such increased appropriation shall in no case exceed eighteen and one-half percent of the total amount expended for wages salaries of the participants.
ARTICLE III SECTION 3.20 B.5 – INTERNAL AUDIT FUNCTION: to change the reporting structure for the Chief Internal Auditor to report directly to City Council.
On and after the effective date of this amendment, the Chief Internal Auditor shall be appointed and removed by the City Manager subject to the approval of the Council, and report to the Council. The City Manager Chairman of the Financial Oversight and Audit Committee shall maintain operational oversight over the internal audit function and. The City Manager shall be responsible for the implementation of any audit recommendations for changes to City administrative procedures and operations as requested by the Council.
Citizen-Led Petition to Add Climate Policy to the City Charter
ARTICLE IX (CLIMATE POLICY) SECTION 9.1 (CLIMATE POLICY)SECTION 9.2 (DEFINITIONS)SECTION 9.3 (CLIMATE DIRECTOR)SECTION 9.4 (CLIMATE DEPARTMENT)SECTION 9.5 (CLIMATE IMPACT OF CITY DECISIONS)SECTION 9.6 (TRACKING CLIMATE EMISSIONS)SECTION 9.7 (CLIMATE JOBS)SECTION 9.8 (SOLAR ENERGY)SECTION 9.9 (RENEWABLE ENERGY GOALS)SECTION 9.10 (MUNICIPALIZATION OF EL PASO ELECTRIC)SECTION 9.11 (CLIMATE DISASTER MITIGATION, PREPAREDNESS AND RESPONSE)SECTION 9.12 (WATER CONSERVATION)SECTION 9.13 (ELIMINATION OF IMPEDIMENTS TO RENEWABLE ENERGY)SECTION 9.14 (CLIMATE COMMISSION)SECTION 9.16 (SEVERABILITY)
PROPOSED AMENDED LANGUAGE: The proposed amended language can be found in this 9-page document.
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