Minutes Charter Review 11/11/2019 TOWN OF TROPHY CLUB
CHARTER REVIEW COMMISSION MINUTES
MONDAY,NOVEMBER 11,2019 7:00 P.M.
LOCATION: 1 TROPHY WOOD DRIVE,TROPHY CLUB,TEXAS
COUNCIL CHAMBERS
The Charter Review Commission of the Town of Trophy Club, Texas, met in a Regular Session on Monday,
November 11,2019.The meeting was held within the boundaries of the Town and was open to the public.
CHARTER REVIEW COMMISSIONERS PRESENT:
Dennis Sheridan Chairperson, Place 3
Rhylan Rowe Vice Chairperson, Place 5
Timothy Patterson Commissioner, Place 2
Bruce Dale Commissioner, Place 4
Kevin Carr Commissioner, Place 6
Louis Opipare Commissioner, Place 7
Danny Mayer Commissioner, Place 8
Jared King Commissioner, Place 9
CHARTER REVIEW COMMISSIONERS ABSENT:
Dave Edstrom Commissioner, Place 1
COUNCIL AND STAFF PRESENT:
Philip Shoffner Council Member, Place 6-Council Liaison
Wade Carroll Acting Town Manager
David Dodd Town Attorney
Holly Fimbres Town Secretary/RMO
Chairperson Sheridan announced the date of November 11, 2019, called the Charter Review Commission to order
and announced a quorum at 7:00 p.m.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Commission on any matter whether or not it is posted on the
agenda. The Commission is not permitted to take action on or discuss any presentations made to the Commission
at this time concerning an item not listed on the agenda. The Commission will hear presentations on specific
agenda items prior to the Commission addressing those items.
There were no citizen presentations.
1. Consider and take appropriate action regarding the October 28,2019 Charter Review Commission Minutes.
Motion:
Motion made by Vice Chairperson Rowe, seconded by Commissioner King, to approve the October 28, 2019
Charter Review Commission minutes.
Motion carried unanimously 8-0-0.
2. Discussion of and take appropriate action regarding Article IV, Administrative Services, of the Town of
Trophy Club Charter.
Acting Town Manager Carroll commented that Staff reviewed Article IV, Administrative Services, and had no
recommendations to make any changes.
Commissioner Patterson brought up Section 4.06, Acting Town Manager, and felt that the wording was a bit
awkward because it appeared the Town Manager was making an appointment upon their resignation or
termination. This could create an issue if the Town Manager was terminated before being able to make an
appointment, but he noted that subsection (b) allowed for the Council to appoint a Town Manager should the
need arise. His basis for bringing this up was that he was not certain there was a need for an Acting Town
Manager.
Town Attorney Dodd responded that subsection (a) of Section 4.06, Acting Town Manager, addressed that the
need would be in the absence or disability of the Town Manager (i.e. out of town, surgery or other similar
circumstances).
Commissioner Carr inquired why the Town would not place an Assistant Town Manager to take over in the
absence of the Town Manager,as opposed to an Acting Town Manager.
Acting Town Manager Carroll responded that an Assistant Town Manager would be considered a full time position
while an Acting Town Manager would be a current staff member assigned to step into that role in case of the
absence of the Town Manager.
Commissioner Patterson was satisfied with the explanation that Town Attorney Dodd had provided. Additionally,
he brought up Section 4.11, Judge of Court, and asked if this was an elected position and if compensation was
provided.
Town Attorney Dodd explained that it was an appointed position by the Town Council and compensation was
provided.
Commissioner Dale brought up subsection (b) of Section 4.02, Town Manager—Appointment and Qualifications,
and felt that the selection process should have an expanded focus on how a Town Manager was chosen specifically
to having leadership qualities. He felt that the selection of Town Manager should have a focus on past experience,
education, leadership, and a list of success stories that the person has achieved. He shared his past experience in
participating in the hiring process of a City Manager in Kansas and looking at successes and failures was important.
Chairperson Sheridan asked if the City in Kansas had specific qualifications listed in their Charter for a City
Manager. Commissioner Dale responded no.
Commissioner King stated that he would think that a person's experience would satisfy a person's success stories.
Vice Chairperson Rowe understood Commissioner Dale's description of items when choosing a leadership role.
The items described were covered when he was involved with the hiring process of a Town Manager. He felt it
may be more appropriate to provide feedback to Council when a search for a Town Manager was underway.
Commissioner Opipare commented that if too much detail was put into the Charter, as times changed, the next
Council may be looking for different things at different periods of time that address specific needs the Town would
be experiencing.
Commissioner Patterson believed that these items were within the purview of the Town Council.
Chairperson Sheridan stated that his issue with describing detailed qualifications would be that the culture of the
Town changes over time.
Discussion took place that a Commissioner had the ability to make a motion to add language to subsection (b) of
Section 4.02,Town Manager—Appointment and Qualifications,specific to leadership qualities.
Charter Review Commission Minutes November 11,2019 Page 2 of 8
Commission Dale commented on Section 4.05, Powers and Duties,and inquired if the Personnel Manual addressed
a due process when attempting to remove an employee. Town Attorney Dodd responded that it would be covered
in the Personnel Policy,which was the appropriate location to address that matter.
Commissioner Dale remarked that the Town Manager should approve all terminations. Town Attorney Dodd
responded the due process would require that appeals would be presented to the Town Manager; therefore the
Town Manager needed to be out of the termination process for all employees.
Chairperson Sheridan was trying to understand Commissioner's Dale remark because the first sentence of
subsection (b) of Section 4.05, Powers of Duties, stated "Appoint, suspend and/or remove all or any one of the
heads of departments and all subordinate officers and employees of the Town in accordance with applicable laws
and policies."
Commissioner Dale commented there was no difference in public or private concerns and they needed to be fair to
people. He inquired about adding that the Town Manager had to notify the Town Council of the termination of a
department head before it occurred.
Commissioner Mayer remarked that the Town operated as a Council-Manager Government. The Town Manager
manages the Town operations and the only employees that are appointed by the Council were the Town Manager,
Town Attorney,and Town Secretary.
Commissioner Dale felt that there should be a checklist that the Town Manager notifies the Town Council in
advance if a director was to be terminated.
Council Member Shoffner noted that under the Town's Rules of Procedure,the Town Manager notifies the Council
of any major event,and he believed that would fall under that category of a major event.
Commissioner Mayer felt there was some confusion on what was already addressed in the Town's Policies and
Procedure Manual versus what items are covered in the Charter.
Commissioner Dale brought up Section 4.09, Compensation, and Section 4.14, Town Attorney —Appointment &
Qualifications,and felt that compensation should not be delegated by the Town Council.
Vice Chairperson Rowe remarked that Section 4.09, Compensation, was specific to the compensation of the Town
Secretary,who the Town Council hires and negotiates the contract.
Commissioner Dale stated that his concern was where it stated"may be delegated."
Chairperson Sheridan stated that wording could allow for the delegation to be given to a Council Subcommittee,
who were tasked with the interviewing and negotiating or it could be delegated to the Human Resources
Department.
Vice Chairperson Rowe stated that this could also allow for the Council to delegate this matter to the Town
Manager.
Commissioner Dale brought up Section 4.17, Personal Financial Interest, and felt that the word "substantial"
should be tightened up.
Acting Town Manager Carroll remarked that this matter was clearly defined and addressed in the State statue
dealing with conflicts of interest.
Commissioner Dale felt that the meaning of substantial should be addressed as well as improper relationships.
Charter Review Commission Minutes November 11,2019 Page 3 of 8
Town Attorney Dodd advised that the Code of Ethics and Conduct within the Town's Code of Ordinances would
address those issues.
Commissioner Opipare added that at a future meeting,the Commission would be discussing Section 11.14, which
states that "The Town Council shall adopt by ordinance a code of ethics and conduct that is consistent with the
provisions of this Charter and applicable to elected officers, appointed board, commission, and committee
members, and employees of the Town. Additionally, he recommended removing the word "substantial"from the
first sentence of Section 4.17, Personal Financial Interest.
Town Attorney Dodd advised that there were two State statues, one that dealt with conflicts of interest and one
that dealt with disclosure requirements. He believed that the conflict of interest addressed that if a person
exceeded 10 percent of gross income or more than$2,500 in a real estate value,then a member could not vote on
an agenda item specific to that business or real property. The disclosure statement dealt with a business
relationship with a vendor who conducts business with the Town.
Commissioner Mayer felt that the word "substantial" should remain because there were State statues that
addressed this matter.
Chairperson Sheridan remarked that leaving the word "substantial"allowed some flexibility but if it were removed
then any financial interest would qualify.
Commissioner Patterson stated that the word "substantial"could be further defined by State statute;therefore he
was okay leaving it. Additionally, he brought up Section 4.17, Personal Financial Interest, and believed that the
word"corporation"should be changed to"business entity"in the third paragraph to mirror the first paragraph.
Vice Chairperson Rowe commented that it may not be necessary to remove the word "substantial"since State law
defined it. If they mirrored exactly what State law stated, the Charter would have to be changed each time to
match any changes.
Commissioner Carr felt that the wording could be tightened up some whether by wording or a percentage amount.
Commissioner King was satisfied to leaving the word"substantial."
Commissioner Carr remarked that throughout the Charter, there should be a definition for Mayor and Council
because some parts the term Mayor and Council is used and in other parts it just states the Council. He added that
in Section 4.07, Town Secretary, there needed to be a gender neutral word instead of using the word "he".
Additionally, he inquired if it was State law regarding the last paragraph of Section 4.18, Accepting Gifts, Etc.,
where it stated that "In addition to the penalties imposed by State law for a violation of this section, any person
convicted of a violation of this Section shall be ineligible for a period of five (5) years." Town Attorney Dodd
responded that he believed that provision was established through the Charter.
Vice Chairperson Rowe suggested adding a definition at the beginning of the Charter to state that for all purposes
wherever the term Council was used refers to the entire body,the Mayor and Council.
Commissioner Opipare brought up Section 4.03, Compensation, and believed that the word "may" should be
changed to "will", specific to the Town Manager's compensation being fixed by the Council. Also, he agreed with
adding a definition to the beginning of the Charter for the Mayor,Council,and Town Manager.
Commissioner Mayer brought up subsection (d)of Section 4.02,Town Manager—Appointment and Qualifications,
and stated that he believed the Town Manager should be a resident of Trophy Club. He felt that a time limit could
be set to allow the Town Manager to locate to Trophy Club because this could help the Town Manager know the
residents and dynamic of the Town.
Charter Review Commission Minutes November 11,2019 Page 4 of 8
Commissioner King understood Commissioner Mayer's viewpoint but suggested setting a certain mile radius from
Trophy Club where the Town Manager could reside.
Commissioner Opipare felt it could limit the Town to receive the right candidate if they restricted a certain mile
radius.
Commissioner Carr did not agree that the Town Manager should be restricted to residing in Trophy Club because
they would always be visible,which could be detrimental to the family.
Vice Chairperson Rowe stated that it was not easy to find candidates for the Town because the Town was built out,
which reduced the candidate pool significantly for those who wanted to be part of the growth. While he served on
Council,they waived the residency requirement for two out of three Town Managers that he worked with. He felt
it should be at the Council's discretion to either enforce or waive the residency requirement based on the specific
candidate and dynamic of the Town.
Commissioner King concurred with Commissioner Carr regarding Section 4.18, Accepting Gift, Etc., specific to a
person being ineligible for a period of five(5)years if they were convicted.
Town Attorney Dodd stated that the way to enforce this would be that the person would not be eligible for rehire
if they were convicted of a violation under Section 4.18.
Chairperson Sheridan requested clarification on who was an officer specific to Section 4.17, Personal Financial
Interest. Town Attorney Dodd responded that any officer would be appointed or elected official, which was also
defined in State law.
Chairperson Sheridan provided a recap on the items that were discussed: the qualifications of the Town Manager
and adding leadership into subsection (b) of Section 4.02; creating a definition for the Mayor, Town Council, and
Town Manager;and rewording of he/she to be gender neutral.
Town Attorney Dodd stated that he was comfortable to address changing masculine words to gender neutral
words by using the scrivener's error exception, which would be through an ordinance that would be presented to
the Council for approval.
Commissioner Patterson questioned if his suggestion to change the word "corporation"to "business entity" in the
third paragraph of Section, 4.17, Personal Financial Interest, could be addressed through the scrivener's error
exception. Town Attorney Dodd responded that he would have to review if that was possible.
Motion:
Motion made by Commissioner Opipare,seconded by Commissioner Carr,to move to Article V and consider at this
point discussions of Article IV closed until future discussion of the qualifications of the Town Manager and adding
leadership into subsection (b) of Section 4.02; and creating a definition for the Mayor, Town Council, and Town
Manager.
Motion carried unanimously 8-0-0.
3. Discussion of and take appropriate action regarding Article V, Nominations and Elections, of the Town of
Trophy Club Charter.
Commissioner King asked if the timeframes could be removed from Section 5.01, Elections. Town Attorney Dodd
responded that keeping the years added historical basis.
Commissioner Opipare had an issue to keep the years in subsections(a), (b), (c), and (d) of Section 5.01, Elections
because it no longer was relevant or needed.
Charter Review Commission Minutes November 11,2019 Page 5 of 8
Vice Chairperson Rowe remarked that in subsections(b), (c), and (d) it contained the term "thereafter" which set
the table for the specific place numbers.
Commissioner Carr agreed with Commissioner Opipare and suggested removing some of the verbiage so that it
was clearer.
Town Attorney Dodd stated that the terms could be established for each place number.
Conversation ensured that if they changed the three subsections it would have to be clear on the ballot to what
the replacement language would be.
Commissioner Mayer brought up subsections(e)and(f)of Section 5.01, Elections,specific to changing the majority
of all votes cast to the plurality of the votes in order to help save funds from having potential run-off elections.
Town Attorney Dodd responded that he would need to review State law to ensure this could be done for specific
place numbers.
Commissioner Patterson was in favor of reducing unnecessary cost but he could envision a circumstance where six
candidates run for a single place and a candidate wins with only 18 percent of the votes;therefore he was in favor
of keeping it the majority of votes cast.
Commissioner Dale agreed with Commissioner Patterson.
Vice Chairperson Rowe could see both sides but his instinct was to leave the current language.
Commissioner King stated it would be interesting if this went before the voters.
Commissioner Patterson brought up removing subsection (f)of Section 5.04, Filing for Office, which stated "If any
sitting Council member files to become a candidate for another public office, he shall resign his current seat upon
filing for the new office." He believed this took away a person's first amendment.
Chairperson Sheridan stated it would be interesting to find out why this subsection was added in May 2009.
Vice Chairperson Rowe felt it was worth further discussion because he was only aware of one instance this
occurred in approximately 35 years and it would be rare for a person to seek another public office.
Commissioner Patterson stated that his desire was to avoid having to call a special election. Town Attorney Dodd
responded that if there was a year or more on the remaining term it would fall under the Constitution to hold a
special election.
Commissioner Mayer did not believe that a sitting Council Member should have to resign to be able to run for
another office.
Commissioner King agreed to removing subsection (f)of Section 5.04, Filing for Office.
Commissioner Dale inquired why there were no party affiliations. Town Attorney Dodd responded that it was
covered under State law.
Chairperson Sheridan provided a recap on the items that were discussed: declare subsections (c), (d), and (e)
obsolete of Section 5.01, Elections, and to be replaced with terms outlining Places, 1, 2, 3, 4, 5, and 6; delete the
word majority from subsections (e) and (f) of Section 5.01, Elections; and remove subsection (f) of Section 5.04,
Filing for Office.
Charter Review Commission Minutes November 11,2019 Page 6 of 8
Motion:
Motion made by Commissioner Mayer, seconded by Vice Chairperson Rowe, to close the discussion of Article V
and proceed with further discussions of to declare subsections (c), (d), and (e) obsolete of Section 5.01, Elections,
and to be replaced with terms outlining Places, 1, 2, 3,4, 5, and 6; delete the word majority from subsections(e)
and(f)of Section 5.01, Elections;and remove subsection (f)of Section 5.04, Filing for Office.
Commissioner Carr reiterated about getting historic data relating to subsection(f)of Section 5.04, Filing for Office.
Commissioner Patterson mentioned including subsections(d)and (e)of 5.04, Filing for Office, specific to board and
commission members and town employees.
Vice Chairperson Rowe remarked that it may be relevant to include subsection (d) because it pertained to
appointed officials and subsection (e)could create a conflict that dealt with employees.
Chairperson Sheridan took the recommendations provided by Commissioner Patterson as an amendment to the
motion on the floor.
Motion to Amend:
Motion made by Commissioner Mayer, seconded by Vice Chairperson Rowe, to close the discussion of Article V
and proceed with further discussions of to declare subsections(c), (d), and (e) obsolete of Section 5.01, Elections,
and to be replaced with terms outlining Places, 1, 2, 3, 4, 5, and 6; delete the word majority from subsections(e)
and (f) of Section 5.01, Elections; remove subsection (f) of Section 5.04, Filing for Office; and subsections (d) and
(e)of 5.04, Filing for Office,specific to board and commission members and town employees.
Motion carried unanimously 8-0-0.
4. Discussion of and take appropriate action regarding Article VI,Recall,of the Town of Trophy Club Charter.
Chairperson Sheridan stated that it was almost 9:00 p.m. and inquired if the Commission wanted to open this
Article for discussion.
Commissioner Mayer suggested discussing this Article at their next meeting because this Article could take a while
to discuss.
No action was taken on this item.
5. Discussion of and take appropriate action regarding previous business:
• Article I-Form of Government&Boundaries
• Article II-Powers of the Town
• Article III-The Council
Chairperson Sheridan read Commissioner Edstrom's comments that were he submitted: "I want to reiterate that I
am in favor of eliminating the term limits for council in the charter and that I would like to continue to consider an
abstention,for any reason other than conflict of interest in a Council vote is recorded as a No vote."
Charter Review Commission Minutes November 11,2019 Page 7 of 8
6. Discussion of and take appropriate action regarding future agendas:
• Article VII-Legislation By The People,Initiative and Referendum
• Article VIII-Municipal Planning and Zoning
• Article IX-Budget,Finance and Taxation
• Article X-Franchise and Public Utilities
• Article XI-General Provisions
• Article XII-Transitional Provisions
There was no discussion on this item.
7. Recap of motions passed in prior meetings.
Chairperson Sheridan advised that this item was to help keep track of all motions passed.
ADJOURNMENT
Motion:
Motion made by Commissioner Dale seconded by Commissioner Patterson,to adjourn the meeting at 8:45 p.m.
Motion carried unanimously 8-0-0.
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Charter Review Commission Minutes November 11, 2019 Page 8 of 8