VOTERS TO DECIDE CHARTER CHANGES

Cape Girardeau voters will decide the fate of a dozen amendments to the city charter Tuesday, including ones to establish an ethics commission and limit the council's power to raise fees and taxes.

Each amendment will be voted on separately. A simple majority is needed to add any amendment to the city's governing document.

The City Council voted to put the measures on the April ballot even though some councilmen personally opposed some of the amendments.

Mayor Al Spradling III said the council put 10 of the measures on the ballot at the urging of the city's charter review committee. Two others were put on the ballot at the urging of city staff.

Those two concern notification of lawsuits and a slight change in the wording of a provision dealing with qualifications for mayor.

Keith Russell, an accounting professor at Southeast Missouri State University, served on the charter review committee.

"These amendments represent potential gaps in the current document," he said. "We think these strengthen the city charter."

Neither the city nor the charter review commission are actively campaigning for or against the amendments.

Russell said, "We saw our task as finished when it got to the ballot. These will sink or swim of their own volition."

Russell said some of the amendments provide added accountability in city government.

Spradling dislikes some of the amendments, contending that some would restrict city government and others are unnecessary.

The ethics commission was the most controversial issue in discussions between the council and the charter committee.

The committee pushed hard for the ethics commission.

The seven-member commission would investigate allegations of ethical violations and conflicts of interest involving city officials and issue recommendations to the City Council.

Charter members argued that the commission would be a safeguard for both city officials and the public. It would provide a way to address questions of impropriety, they said.

Paul Stehr, a former mayor of Cape Girardeau, chaired the charter committee. He said it is difficult for council members to police themselves.

But Spradling said the commission is redundant since the state already has an ethics commission.

"I am not worried about witch hunts and things like that. It would just be another commission we would have around here," he said.

Another amendment would prohibit the city from raising any fee or tax more than 5 percent in any single fiscal year without voter approval.

Spradling said that could restrict the city's efforts to raise user fees, forcing it to spend $4,000 to $5,000 in election costs just to raise a single user fee.

"We would almost have to raise fees a whole bunch at one time so we don't run up election expenses," he said.

Spradling said the city already has a tax and fee limitation ordinance that essentially mirrors the charter amendment. But unlike the charter, that could be changed with a simple vote of the council.

"The City Council is supposed to be responsive to the people," City Attorney Eric Cunningham said. "This change ties the hands of the council."

Spradling doesn't like a provision that would limit council members, including the mayor, to two consecutive terms. Councilmen and the mayor could serve more than two terms so as long as they weren't consecutive.

He said he opposes term limits at all levels of government. Voters decide who is re-elected and who isn't, he said.

Other amendments deal with city finances.

They attempt to make financial information more easily accessible and understandable, Russell said.

"Currently the council and city officials are smug about the budget," Russell said. "They say, `It's in the library and available at City Hall. What more do you want?'"

The debt statement asks for more. Although all the information contained on the proposed debt statement is available in the city budget, it isn't always easy to find.

The amendment would require the city to compile all the details on a single document, especially when voters are considering a bond issue.

"Basically it will tell voters, `Here's where we are and here's what you're getting yourselves into,'" Russell said.

Cunningham said none of the amendments presents an insurmountable challenge for the city. Some of the changes would result in additional work and others would limit the decisions the council can make, he said.

For example, requiring the city to have an emergency fund balance equal to 15 percent of the city's general operating expenses, transfers and enterprise funds means the council will have less money to budget for city services, he said.

Based on the current budget, the city would have to set aside about $3.4 million.

AMENDMENTS TO CAPE GIRARDEAU'S CITY CHARTER

Cape Girardeau voters will decide 12 amendments to the city's charter Tuesday. Voters consider amendments individually and each requires a simple majority to pass. Below lists each amendment as it appears on the ballot and an explanation.

1. What it says:

Preamble for the city charter

Shall the charter of the City of Cape Girardeau be amended by the adoption of the following new provision:

"The citizens of Cape Girardeau expect public officials and city employees to exhibit the ideals of ethical behavior through adherence to the highest possible standards of ethical conduct. The appropriate behavior toward ethics includes a positive, optimistic and enthusiastic attitude toward public service and the characteristics of fairness, objectivity and equality shown to the people. Public service has its grounding in the moral background and education of its public officials and employees. Ethical behavior includes a deep commitment to the ideals of honesty and integrity. Furthermore, public officials are expected to avoid conflicts of interest and the potential of conflicts between self-interest and the public interest. The primary function of this government is to serve the best interest of its citizens."

What it means:

A preamble would be something new for the charter. It is designed to set the tone for the document and also to spell out high expectations for city officials, both elected and appointed. It also states that government should work for the people of the city.

2. What it says:

Shall Article III, Section 3.02 entitled "Eligibility: of the charter of the City of Cape Girardeau be amended by changing the first paragraph as follows:

"The mayor and council members shall be registered voters of the city, and shall be at least 21 years of age. The mayor shall have been a resident of the city for at least four consecutive years immediately prior to the mayor's elections. The council members shall have been a resident of the city for at least two years immediately prior to their election."

What it means:

If this is approved, a person must be a city resident for two years before running for city council or four years before running for mayor. The charter currently states that both the mayor and council members must have lived in the city for four years prior to an election.

3. What it says:

Shall Article III, Section 3.02 entitled "Eligibility" of the Charter of the City of Cape Girardeau be amended to read as follows:

"No person may serve more than two consecutive full terms as mayor. No person may serve more than two consecutive full terms as council member."

What it means:

This amendment would establish term limits for the City Council. The mayor and council members could still serve more than two full terms, but no more than two consecutively.

4. What it says:

Shall Article III, Section 3.04 entitled "Mayor" of the Charter of the City of Cape Girardeau be amended to read as follows:

"At the first general election under this charter, and every four years thereafter, a mayor shall be elected for a term of four years. He shall be a member fo the council, and except as otherwise provided in this Charter, shall have the same qualifications as are required for other councilmen. The mayor shall preside at meetings of the council, shall have the right to vote, and shall be recognized as head of the city government for all legal and ceremonial purposes and by the governor for purposes of military law. The mayor shall have no administrative duties and shall have no veto power. The council shall elect from its members a mayor pro tempore who shall act as mayor during his absence or disability of the mayor and, if a vacancy occurs, shall act as mayor until such vacancy is filled as provided in section 3.07."

What it means:

The amendment adds the words "and except as otherwise provided in this Charter" as a housekeeping measure. If the eligibility amendment passes, the charter would include distinctions between the mayor and council members that currently don't exist.

5. What it says:

Shall Article V of the Charter of the City of Cape Girardeau be amended by the adoption of the following new provisions:

"Section 5.11 Ethics Commission.

The city council shall upon a vote of five of seven of its members, appoint an Ethics Commission consisting of seven members, who must be registered voters and residents of the City of Cape Girardeau. The original commission shall have no more than two members' terms expire in any one calendar year. After the expiration of the initial term, all members shall serve five year terms. No member shall be a city employee or member of the city council.

The commission shall draft by-laws that shall be effective upon being adopted by ordinance of the city council.

The commission, may, upon its own initiative, or shall, upon receipt of a written and signed complaint of any person or entity, review or investigate the official conduct of the mayor, council members, city manager, chief purchasing officer, city judge and board members as it pertains to claimed ethical violations, conflict of interest, forfeiture of office as defined in chapter 3.07, failure to disclose, failure to meet qualifications, malfeasance or misfeasance of duties.

The city clerk, upon receiving a written and signed complaint, shall immediately deliver same to all commission members. The commission shall meet within 30 days of the city clerk receiving the complaint. A quorum for conducting business shall be five members. Upon an affirmative vote of three members, the commission shall investigate the complaint.

The commission may request the city attorney, or if a conflict exists, the city council shall designate independent counsel to assist in its investigations. All proceedings of the commission shall be recorded and retained by the city clerk for public review.

The commission shall issue a written report of its findings to the city council, which report shall be made available to the public at that time. The written report shall also contain a copy of the complaint and a recommendation of specific action. Within 30 days of the council receiving the commission's report, the city council shall vote to take action on the complaint. Such action shall be to accept, reject or adopt a modification of the commission's recommendations."

What it means:

This amendment creates an ethics commission for the city, to investigate potential ethical violations by city officials or employees on a local level. Commission members are appointed by the city council. The commission must consider all complaints. If an investigation is launched, the commission must forward a report with recommendations for specific actions to the city council. The council must take action on the recommendations within 30 days. Missouri already has a state ethics commission designed to investigate ethical complaints.

6. What it says:

Shall Article VI, Section 6.03, entitled "Budget" of the Charter of the City of Cape Girardeau be amended by changing the final paragraph as follows:

"The total of proposed expenditures including enterprise funds shall not exceed the total of estimated income plus any surplus estimated for the beginning of the fiscal year or less any deficit estimated for the beginning of the fiscal year."

What it means:

This is basically a balanced budget amendment for the city. It would prohibit deficit spending in any city budget fund. It would also prohibit movement of money from one fund to another without council knowledge.

7. What it says:

Shall Article VI Section 6.03 entitled "Budget" of the Charter of the City of Cape Girardeau be amended by the addition of the following paragraph:

"Any intra-fund loans that are not to be repaid in the current fiscal year shall be permitted to occur only by ordinance of the City Council. The ordinance shall include the loan amount, payment terms and a schedule of the repayments."

What it means:

When money is transferred from one fund to another, the council would approve the loan by ordinance and the money would be repaid.

8. What it says:

Shall Article VI of the Charter of the City of Cape Girardeau be amended by the adoption of the following new provisions:

"Section 6.12 Emergency Reserve Fund.

The City of Cape Girardeau shall establish a reserve fund to be known as the Emergency Reserve Fund. The fund shall provide monies in the case of an emergency as defined in Section 6.13 (b) of this Charter. An emergency may be declared only by unanimous vote of the mayor and all council members. The ordinance shall identify the nature of the emergency and the amount of the funds to be transferred or expended. The fund balance shall be equal to 15 percent of the city's general operating expenditures, transfers and enterprise funds, and shall be adjusted annually. The fund shall be fully funded within three years of passage. If an emergency is declared and monies are transferred, the city shall replace those funds at a minimum rate of 10 percent per year."

What it means:

This amendment would create a new emergency fund for the city. The city has three years to build the fund to a level equal to 15 percent of the city budget, about $3.4 million. If money is spent from the fund, it must be repaid. Money in the fund can't be spent on other city services.

9. What it says:

Shall Article VI of the Charter of the City of Cape Girardeau be amended by the adoption of the following new provisions:

"Section 6.13 Fee Limitations.

The City of Cape Girardeau shall not increase user fees, taxes, assessments or licenses by more than 5 percent in any given fiscal year without requiring an authorized election of the people, except in the event of an emergency.

(a) Emergency Clause. The fee limitation may be suspended in the case when an emergency exists as defined in Section 6.13 (b) of the charter. An emergency may be declared only be unanimous vote of the mayor and all council members. The ordinance shall identify the nature of the emergency, the fee to be increased, the amount of the increase, and the time the increase will be in effect.

(b) Emergency Defined. An emergency is defined as a condition beyond the control of the City Council which the effect of the condition causes a significant loss of revenue or increase in costs to the city. This paragraph shall be narrowly construed."

What it means:

The city has an ordinance setting fee limitations, but an ordinance can be changed by a vote of the council. A charter provision is more difficult to override. To raise fees or taxes more than 5 percent would require a vote of the people, except in an emergency.

10. What it says:

Shall Article VI of the Charter of the City of Cape Girardeau be amended by the adoption of the following new provision.

"Section 6.14 Debt Statement.

Prior to the adoption of an ordinance calling or providing for the holding of an election at which any question of the incurring of any indebtedness shall be submitted and annually with the adoption of the budget, the city manager shall prepare, swear to and file for public inspection in the office of the city clerk, a special debt statement which shall set forth.

The aggregate principal amount of all outstanding bonds, notes, loans and lease purchase agreements of the city, including bonds and notes that have been authorized;

Deductions, if any, permitted by the constitution and general laws;

The amount of existing net indebtedness;

The revenue source and total annual payment required to pay each debt or obligation;

The total amount of current interest and principal due annually;

The current interest rate of each debt or obligation;

The assessed valuation of all taxable tangible property within the city as shown by the last completed assessment for state and county purposes.

The aggregate principal amount of bonds which the city may issue pursuant to law.

If the statement is for an election, it shall include the following additional information:

The amount of net indebtedness after the issuance of bonds authorized by such bond ordinance;

The estimated total amount of current interest and principal due annually after issuance of such bond ordinance.

This debt statement shall be approved by resolution of a majority of the council and shall be published with the notice of a bond election and with the annual budget and shall be presumed to be accurate.

What it means:

This budget information already exists in the budget. The change would require the city manager to gather the information into one document. The debt statement basically tells taxpayers where the city is now concerning debt and what they would be the result of approving any new debt. The statement would be part of the city's published budget. It would also have to be published in the newspaper along with an election notice if voters were being asked to approved additional debt for the city. Compiling the information would mean extra work for the city's finance department.

11. What it says:

Shall Article IX Section 9.01 of the Charter of the City of Cape Girardeau by amended by the adoption of the following provisions:

"Section 9.01 Granting of franchises.

All public franchises and all renewals, extensions and amendments thereof shall be granted only by ordinance. No such ordinance shall be adopted within less than 30 days after application therefore has been filed with the council nor until a public hearing has been held thereon. No exclusive franchise shall be granted and no franchise shall be granted for a longer term than 20 years. No such franchise shall be transferable directly or indirectly, except with the approval of the council expressed by ordinance after a public hearing.

All public utilities (gas, electric and telephone) must have a franchise and the franchise shall not become effective until submitted to the voters and approved by a majority voting thereon. No such franchise ordinance shall be submitted at an election less than 60 days after the grantee named therein has filed its unconditional acceptance of such franchise and it shall not be submitted to a special election unless the expense of holding such election as determined by the council shall have been paid into the city treasury by the grantee.

What it means:

This change takes water out of the list of franchise utilities because water is now owned by the city.

12. What it says:

Shall Article XI Section 11.04 of the Charter of the City of Cape Girardeau be amended by the adoption of the following provisions

"Section 11.04 Notice of Suits.

No action shall be maintained against the city for or on account of any injuries growing out of any defect or unsafe condition of or on any bridge, boulevard, street, sidewalk or thoroughfare, in said city until notice shall first have been given in writing to the mayor of said city, within 90 days of the occurrence for which said damage is claimed, stating the place where, the time when such injury was received and the character and circumstances of the injury and that the person so injured will claim damages therefore from such city."

What it means:

Similar provisions have been ruled unconstitutional by the Missouri Supreme Court. The current charter requires written notification to the city of "any injury growing out of alleged negligence." The proposed amendment specifies areas of negligence in which such notification must be made and requires the mayor to be notified instead of the city manager.