Three city charter propositions go to April ballot

This May 2012 file photo shows the John G. Christy Municipal Building, commonly known as City Hall, at 320 E. McCarty St. in Jefferson City.
This May 2012 file photo shows the John G. Christy Municipal Building, commonly known as City Hall, at 320 E. McCarty St. in Jefferson City.

Jefferson City voters will vote in April on three propositions that recommend changes the city charter after the Jefferson City Council voted to approve three of four bills during a special meeting Monday.

The City Council held a second special meeting Monday to discuss four propositions regarding city charter changes after council members postponed voting on the items last week. The deadline to place bills on the April 2 ballot is Jan. 22.

Due to a technicality in the city charter, one bill proposing several small charter changes failed. The bill recommended various clean-up items like a subsection relating to removal of the mayor, changing the title of city counselor to city attorney and recommending residency requirements for the city administrator and city clerk.

The City Council voted 5-4 to pass the bill, with council members Carlos Graham, Ron Fitzwater, Rick Mihalevich and Mark Schreiber voted against. Ward 1 Councilman Rick Prather was absent. However, the city charter requires six council members to pass an ordinance, City Counselor Ryan Moehlman said, meaning the bill failed.

The main focus centered around the city's legislative procedures. The council voted 5-4 to amend the proposed bill to state the City Council will review its legislative procedures annually. Graham, Fitzwater, Mihalevich and Schreiber voted against the amendment, with some saying they either did not understand why this language was necessary in the charter and others adding the overall bill.

Other points of contention in the bill were on the residency requirements for the city administrator and city clerk.

"If we're going to change our charter, 5-4 to change our living document seems like a pretty close vote on a very important issue," Fitzwater said. "This section just doesn't seem to be jelling to the point where we have a solid (proposition) that we can take to the voters. It just doesn't feel right."

Jefferson City Mayor Carrie Tergin agreed there is not enough council confidence on the bill to send to the voters.

The council did approve a proposition 8-1 that recommends amending the city charter to eliminate lifetime term limits, sending it to the Jefferson City voters for approval. If passed by voters, the mayor would serve two consecutive full terms instead of eight years, and council members would serve four consecutive full terms instead of an absolute eight-year limit.

The proposition also proposes after a mayor serves his or her two consecutive full terms, he or she should wait a full four-year mayoral term before serving as mayor again. Council members would have to wait two years after completing their four consecutive full terms before serving on the City Council again, if the proposition is approved by voters.

Graham voted against the bill.

Jefferson City resident Bill Gnech urged council members to keep term limits, adding he lived in a state that did not have term limits and saw politicians serving multiple terms.

"For democracy to work properly, it needs to have fresh ideas and a constant flow of new blood," he said.

Ward 3 Councilman Ken Hussey said he understood the concerns but thought a lifetime term limit could limit individuals. For example, he said, a 21-year-old who served on City Council would term out before they're 30. Under the current city charter, that person would not be allowed to serve once that person is older.

"It might gives us an opportunity to have someone come back later on in life and serve," Hussey said.

The council also unanimously passed a proposition that proposed adding language that would allow the City Council to remove the city prosecutor. The council could remove the prosecutor for just cause if the council had a four-fifth vote, under the proposition. "Just cause" could include if the city prosecutor is convicted of a felony, lacks the qualifications of the office during his or her term, or neglects the office's duties.

The Jefferson City Charter Review Advisory Committee recommended making the city prosecutor an appointed position instead of an elected one. Committee members suggested a selection committee consisting of members appointed by the Cole County Bar Association and mayor nominate someone to the city prosecutor position. That nominee would have then gone to the City Council for approval.

The council voted against this recommendation during its October special meeting, directing city staff to remove this recommendation from the bill.

The council also approved a bill that proposes amending the charter so it prohibits the mayor, city administrator, city clerk, department directors, and members of the Jefferson City Parks and Recreation Commission from being publicly-elected members of a state political subdivision, the Missouri General Assembly or hold a statewide elective office while serving in their city positions.

An exception would be if the city officials served in the public offices in their capacity as city officials.

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