2013 Issue 4, Charter (Executive Approval)

2013 Issue 4, Charter (Executive Approval)

I.          Summary

            This proposed charter amendment, if approved, would give greater authority to the County Council in the management of its affairs and in the modification of the County Charter. If rejected, the language of the Charter would stay the same, and all acts of the Council would be subject to the approval or disapproval of the County Executive.  

II.        Ballot Language

            The Source of this language is the County Board of Elections.

4 PROPOSED CHARTER AMENDMENT CUYAHOGA COUNTY

A majority affirmative vote is necessary for passage

Shall Article III, Section 3.10(5) Organization, Rules and Procedures of the Charter of the County of Cuyahoga be amended to specify actions of Council that do not require Executive approval to be binding?

4 PROPUESTA DE ENMIENDA A LOS ESTATUTOS CONDADO DE CUYAHOGA

Se requiere un voto afirmativo por mayoría para su aprobación

¿Deberá enmendarse el Artículo III, Sección 3.10(5) Organización, Reglas y Procedimientos de los Estatutos del

Condado de Cuyahoga para especificar las acciones del Consejo que no requieren la aprobación del Ejecutivo para ser vinculantes?

 III.       Analysis         

            A.        Report of the Charter Review Commission

ACTIONS OF COUNCIL NOT REQUIRING EXECUTIVE APPROVAL

[Amendment as formally adopted by the C.R.C. on 6/18/2013 by a vote of 6-0]

 CURRENT LANGUAGE

SECTION 3.10(5) ADOPTION BY COUNCIL

(5) Adoption by Council. No action of the Council shall be valid or binding unless adopted by an affirmative vote of at least a majority of the members of the Council. Each ordinance shall be signed by the presiding officer and promptly presented by the Clerk of Council to the County Executive for approval or disapproval.

 PROPOSED LANGUAGE

SECTION 3.10(5) ADOPTION BY COUNCIL

(5) Adoption by Council. No action of the Council shall be valid or binding unless adopted by an affirmative vote of at least a majority of the members of Council. Each adopted ordinance or resolution shall be signed by the presiding officer and promptly presented by the Clerk of Council to the County Executive for approval or disapproval. Notwithstanding the foregoing, the following actions shall be finally approved or disapproved upon action by Council, without presentation to the County Executive for approval or disapproval: (a) Adoption or amendment of the rules and order of business of the Council; (b) Adoption of the schedule of Council meetings, creation of committees, and other actions relating to the internal operations of the Council; (c) Adopting an organizational structure for the Council office, consistent with the County's operating budget; (d) Hiring and setting compensation for employees of the Council office, consistent with the County's operating budget; (e) Approval of contracts or amendments to contracts not to exceed $100,000 for services for the Council office, consistent with the County's operating budget; (f) Confirmation of appointments recommended by the County Executive; (g) Making of appointments designated in this Charter to be made by Council; (h) Adoption of resolutions to require the attendance of any County employee or officer at Council meetings; (i) Adoption of resolutions to compel the attendance of witnesses, issue subpoenas, or refer matters to the Prosecuting Attorney in accordance with Article 3, Section 12; (j) Submission of proposed amendments to this Charter to the electors of Cuyahoga County.

 Rationale: The Charter currently mandates that all actions of the Council be approved by the County Executive, including matters that only impact the Council. For example, the hiring of council staff, the setting of staff compensation and the scheduling of the Council meetings only involve the Council and its operations. This proposal recognizes the separate nature of the branches of our county government by detailing specific actions that will not require any action by the County Executive to become effective.

B.      Final Language Approved by Council

Issue 4 – Full text Charter amendment language

 (Additions to current language bolded)

 SECTION 3.10 ORGANIZATION, RULES AND PROCEDURES.

(5) Adoption by Council. No action of the Council shall be valid or binding unless adopted by an affirmative vote of at least a majority of the members of Council. Each adopted ordinance or resolution shall be signed by the presiding officer and promptly presented by the Clerk of Council to the County Executive for approval or disapproval. Notwithstanding the foregoing, the following actions shall be finally approved or disapproved upon action by Council, without presentation to the County Executive for approval or disapproval:

(a) Adoption or amendment of the rules and order of business of the Council;

(b) Adoption of the schedule of Council meetings, creation of committees, and other actions relating to the internal operations of the Council;

(c) Adopting an organizational structure for the Council office, consistent with the County's operating budget;

(d) Hiring and setting compensation for employees of the Council office, consistent with the County's operating budget;

(e) Approval of contracts or amendments to contracts not to exceed $100,000 for services for the Council office, consistent with the County's operating budget;

(f) Confirmation of appointments recommended by the County Executive;

(g) Making of appointments designated in this Charter to be made by Council;

(h) Adoption of resolutions to require the attendance of any County employee or officer at Council meetings;

(i) Adoption of resolutions to compel the attendance of witnesses, issue subpoenas, or refer matters to the Prosecuting Attorney in accordance with Article III, Section 3.12;

(j) Submission of proposed amendments to this Charter to the electors of Cuyahoga County.

C.        League Commentary

 This change essentially gives the Council authority over its internal affairs, subject to its budget.  The exception, though, is amendments to the Charter.  The Council can now place such modifications on the ballot without the approval or disapproval of the County Executive.