Charter Review Commission
Public Meeting Minutes
Hillcrest Community
Center
May 25, 2005
Members Present
Aggie Stackhaus
Alice Ellison
Calvin Williford
Carolyn Vellar
Jack Holland
Bishop Mark Tolbert
Staff Present
Greg Williams, Mayor’s Office
Aggie
Stackhaus thanked everyone for coming to participate and also talked
about the work for far of the Commission. She said that the commission
is pursuing a streamlined, constitutional charter. She also said she
heard the city Manager speak and he said something very enlightening.
He had said that it was hard to recruit people to come to Kansas City
if we don’t believe in ourselves. Aggie Stackhaus then went on
to say that the commission’s goal is to produce a more streamlined
document that creates greater operational flexibility. Henry Lyons recounted
that he was part of the group, with Charles Wheeler, Art Asel, John Dillingham,
James B. Nutter, and Skip Sleyster which in 1991 led an initiative process
to pass the two consecutive term limit. Keep it the same. The evidence
has favored term limits. There is no concrete evidence that the two term
limit has been bad for Kansas City . If you are good, you will get elected.
Also do not change initiative. Jack Holland asked if any of the suburban
Kansas City cities had term limits and aren’t
we in competition with them. Henry Lyons responded that other big cities
such as New York , Dallas , and San Antonio had enacted term limits,
but the suburbs hadn’t because no council members in the suburbs
were going to jail. Terrence Nash believes that the Parks Department should be organized
like the other departments under the City Manager. You could still have
a Parks Board, but it would report to the City Manager. Nash also believes
that the Police Department should come back to the City from the state
and the City Manager would be responsible to lead the Police Chief. He
thinks the budget year should be moved, his preference was July 1 to
June 30 th, but he thought the City Manager could decide. He urged that
the budget should not be passed until the comprehensive financial report
of the city was published and available to everyone. He stressed no change
in term limits or initiative, recall and referendum. Mark Esping said we
voted on charter changes three times since 1999. He asked if no bid on
bond issuances was being considered. He asked why we were even looking
at a change in initiative. We should not change it. We don’t need new rules. We must allow involvement of citizens
and initiatives are our way to participate. He does not like the idea
of stating a reason for a recall effort. Citizens are just asking for
the opportunity to vote. We shouldn’t have to give a reason for
a recall effort. He would have a problem if you changed the recall provision.
Esping said a geographic proportional initiative would create a system
that could not be handled easily because you would need nine separate
petitions and would discourage average citizens. Only organized groups
would be able to use initiative. Don’t discourage participation. Calvin Williford asked
if voluntary (on the petitioner’s
part) Law Dept review would be acceptable. Esping said if it would
speed up the process, then yes. Jack Holland asked about geographic
proportionality which Esping answered earlier, but expanded to say
it puts people in 3 rd and 5 th at a disadvantage because those districts
have small turnouts and also talked about his reason he had just
said. Henry Lyons said no geographic proportionality and he is leery of
Law Dept. review. Terrence Nash said no geographic proportionality and
he might understand the Law Dept review but put a 10-day time limit
on that review. Stan Glazer said he was there to observe and listen. He agrees with
Henry Lyons on eight years is enough. More than eight years is a dictatorship.
Glazer thinks election should move to later in Spring or even Summer. Louie Wright testified
that he thought the commission and City Manager should talk to the people
who do the work. He described his background as a lifelong resident, 30-year
employee and president of IAFF Local 42. He suggested not changing the
initiative and referendum. Elections generally work. Current process is
good. He said he could live with geographic proportionality. It is the
petitioner’s responsibility for who
they get to sign their petitions. Wright said he had found it was a better
process to go door to door. Wright said the old adage if it ain’t
broke don’t fix it reminded him that sometimes if we haven’t
used it, it might be broke and he thinks the recent recall vote showed
it is broken. An elected official could get 50% less one vote and lose
their seat to someone who got 10% of the vote in a crowded 2 nd question
of who would replace should 50% plus one vote for the recall. That is
nutty and undemocratic. Wright said on term limits he said the evidence
is they have not delivered what they promised. Term limits are also undemocratic.
The City Council deals with hundreds of laws and issues and term limits
have brought the power to the bureaucracy. It takes the better part of
four years to get your footing and then the next four years looking for
the next political position. We don’t have term limits for surgeons,
plumbers and others…as a matter of fact for those professions
we value experience. Also second term re-elections are usually unopposed
because a challenger simply waits four years for an open seat. Wright
went on to say that there is a greater incidence of corruption since
term limits than before them in Kansas City . Council members since
term limits have gone to jail based on their council work where council
members before term limits were in trouble for tax returns and things
outside of City Hall. The first four years you rely on the bureaucracy
to give you information and then the last four years that bureaucracy
begins to wait you out. You also are looking for the next political
job and it becomes a conflict or corruption invitation. The second
term also breaks down Council decorum as the Council members looking
to be Mayor will try to upstage their colleagues. Wright then talked about
the charter’s restriction on political
activity for city employees. In 1995 the City Manager issued a directive
that limited employees from wearing stickers, making contributions and
attending political events. The federal courts said that directive was
unconstitutional. Those provisions must be changed. Don’t disenfranchise
city employees simply because they work for the City. They can’t
run for school board, or State Representative or committee person without
quitting their job. That is not right. As the court case said “no
right is more precious than having a vote in elections for the people
who make the laws.” Other employers have greater insight. Jackson
County allows employees to run for office. In Iowa there are firefighters
in the House and one in the Senate and they represent their cities well
in both of their jobs. Independence ’s restrictions have been stricken.
Liberty , Missouri is more restrictive than Kansas City . The policies
in the metro are all over the map. The merit system would continue to
rule. You would not be able to be fired for your political opinion. Wright
elaborated that he is for total elimination of term limits. It is a contradiction
that you trust the people with initiative petitions, but you don’t
trust them in candidate elections. Candidates are eliminated from appearing
on the ballot simply because they have won two straight elections for
the same office. When asked about a three term limit, Wright said it
would be a modest improvement, but the bureaucracy waits out the elected
officials. Calvin Williford raised the scenario of could we trust a
firefighter in the State Senate. Wright said that Senator would be
foolish to go against his constituents and against his home city. Wright
said that official would be a tremendous advocate for the city. Wright
said in the current system council people were consultants who did
not have to disclose who they work for and there are inherent conflicts. John Sharp, former city councilman, said we should not change initiative
and referendum even though one person has overused the process. He also
said the last attempt at charter change was defeated mainly because no
one could tell from the ballot language what it did. Concentrate on the
few things that need to be changed and do it. We passed the health levy
because we had good ballot language and we passed a Hickman Mills School
levy because we explained exactly what it would pay for on the ballot.
As much as we can do it, please spell out the changes. Keep it simple,
but make it specific. Aggie Stackhaus said she was cognizant of his simplicity message. John
Sharp did not want to comment on the hot button issues. He thought the
only things that would pass were those with general consensus. Leave
the divisive things alone. Henry Lyons said that
the only people not for term limits are politicians, lobbyists and powerful
business interests. No politician running for their second term has said, “Elect
me because I now finally have the hang of it after learning for the first
four years.” Councilman Eddy thanked the commission and agreed that the charter
is antiquated and that the ballot question must be simple. He agrees
to keep the housekeeping new charter as question one and then the hot
buttons separate or at a later election. Opal Kane said she favored the current two term limit. |