Monday, February 13, 2017

Proposed Changes to League City's City Council Governance Policy & Rules of Procedure



Background

So the Mayor and his puppet Millican (who I had hoped would remain somewhat independent despite pandering to the Green Team during the election, consider those hopes dashed) have experienced frustration as they attempt to cement Emperor Hallisey's grip (or is it the First Lady of League City's grip, who wears the pants there?) on our fair city.  They've determined the rules governing city council that were adopted as a means to ensure the will of the people, as demonstrated by the vote to transition to a council-manager form of government, is carried out are the cause of their frustrations.  And so, here we have on this week's Agenda an attempt to revise the rules.  Sure, some of the changes are harmless (particularly changing the word "the" to "a" in one instance.  However, let's look deeper into the questionable changes being proposed by the Emperor and his lackey.  I will retain the formatting as shown on League City’s Agenda listing which can be found here: https://leaguecity.legistar.com/calendar.aspx, wherein Hallisey’s changes are in red, and Millican’s in green.

Questionable Edits to the Document

 Questionable Change 1 – Article II, Section 3(c)  

 Each new member of Council shall be offered an opportunity at any time by the City Manager to tour various City facilities (i.e., City Hall, Police/Fire stations, Park facilities, Public Works facilities, etc.)

JR Commentary: Seems harmless, right?  Our elected officials SHOULD have access to city facilities.  But think this one through just a bit – this is the Mayor attempting to exert day-to-day control over the activities of city staff, a role specifically defined as belonging to the City Manager given our form of government.  Of particular concern is the wording “at any time” – this means our elected officials can completely disrupt the work cycle of any city staff to pursue any issue down any rabbit hole they choose.  This could cause serious issues with progress and productivity of our already over-burdened staff.  And this is the Mayor who promised he was campaigning in the interest of our city staff.  Say one thing and do another, but that isn’t new to Pat Hallisey, is it?

Questionable Change 2 – Article II, Section 4 

(a) three (3) two (2) parking spaces designated “Council” immediately outside the rear doors of City Hall, available for use by any member of Council on a first come, first served basis; the mayor will have a parking space labeled “Mayor”.
(a) three (3) parking spaces designated “Council” immediately outside the rear doors of City Hall, available for use by any member of Council on a first come, first served basis; and
(b) an office designated “City Council” on the first floor of City Hall, equipped with a telephone, computer, desk, small conference table, and chairs, for use by any member of Council solely to conduct City business. Members may reserve the use of the Council office in advance by contacting the City Secretary’s Office, or may use the office on a first come, first served basis if it is not reserved or being used by another member of Council at that time.   

JR Commentary: Again, seems harmless.  The interim city manager has already provided an office for the Mayor upstairs at City Hall (because the one mentioned in item (b) apparently wasn’t fancy enough for His Royal Pompousness; however, completely eliminating item (b) now means the rest of council will have no designated area to operate.  Admittedly, this was probably rarely ever used, as most of our council realizes that this is a part-time effort and they’re able to handle business without a designated office.  But it’s interesting to note that this has been completely eliminated while the Mayor (who is really just the lead council member in a council-manager form of government) has been elevated to a higher level.  It’s also interesting to note that this revision is in black, who proposed this change?   Furthermore, let’s analyze the change to parking – notice that it was the lackey who proposed designating one of the three council spots for the Mayor.  Mr. Millican, you need to wipe your nose, you got something brown on it.  Ultimately the main concern here, however, is the waste of money changing out signs.  Mr. Mayor – have you ever had trouble finding parking at City Hall?  I highly doubt it.  How high will the bill for Pat Hallisey’s ego go, is there no limit?

Questionable Change 3 – Article IV, Section 1(d)

The members of Council acknowledge that: (i) under the City’s Charter, the City Manager is responsible to the Council for the administration of all the affairs of the City; and (ii) the City Manager is only able to address issues that may exist in any part of the City’s operations if he/she is aware of them. Therefore, it is unethical for any member of Council to publicly criticize any perceived deficiencies in the City’s operations without first notifying the City Manager of the issue(s) and allowing him/her a reasonable opportunity to take corrective action to address the member’s concern. Should the a member of Council be dissatisfied with the City Manager’s response, the member may raise his/her concern in whatever manner he/she believes most efficient and effective to achieve the best interests of the City.
Therefore, it is unethical for any member of Council to publicly criticize any perceived deficiencies in the City’s operations without first notifying the City Manager of the issue(s) and allowing him/her a reasonable opportunity to take corrective action to address the member’s concern.

JR Commentary: It’s unclear exactly what Hallisey’s Puppet is proposing here, as there seems to be some issues utilizing technology.  I’m guessing that the goal was to strike out the struck through wording from the paragraph preceding it, since it’s duplicated wording.  Why would the council member have a problem with a requirement that the elected officials attempt to resolve perceived deficiencies through the professional staff of the city prior to making public criticisms?  Perhaps his goal is to allow more politicized grandstanding?  After all, the point of this rule is to enable the city to resolve issues without them turning into bigger issues.   This is essentially a formalized way of stating “praise in public, criticize in private”.  What is the point of airing dirty laundry without first attempting to clean it?  It’s so the Mayor and his cronies can make mountains out of molehills to pander to the public in an attempt to gain votes for future reelection campaigns.  Again, this is from the “Green Team” that campaigned on promises to end politics as usual in League City.  This isn’t putting League City first, this is putting the Green Team first, and it’s absolutely shameful and disgusting.

Questionable Change 4 – Article IV, Section 2

Interference with staff prohibited.
Under the Council-Manager form of government as adopted by the City Charter, interference by members of Council in the city’s administrative service, including the hiring, firing, and work of City staff (except those positions appointed by the City Council pursuant to the Charter or an ordinance) is strictly prohibited.
JR Commentary: Is it really worth our time to change the heading (without changing the intent of the section)?  Changing the heading now makes it seem as though this ordinance specifies the means to go about interfering with staff, but the wording is to prevent interference.  But a name is nothing but a name, and this change isn’t the issue, the issue is with removing the descriptive word strictly.  I’m not a lawyer, but is Mr. Millican attempting to create a loophole to avoid complaints about violating this rule?

Questionable Change 5 – Article IV, Section 3

Members of Council shall should not contact or visit directors, department heads, or individual departments to discuss or inquire about any City-related matter without advance knowledge being provided to the City Manager or his/her principal assistants (Deputy City Manager and Assistant City Manager).
JR Commentary:  As was discussed during the firing of Mr. Rohr, there seems to be some sort of legal weight to the word “shall” that the word “should” does not carry.  This was the loophole whereby the Council felt they were able to avoid mediation with Mr. Rohr (the contract stated should, instead of shall).  As such, any rules or requirements that are intended to actually be followed utilize the word SHALL.  If this proposed change doesn’t seem shady to you, then you clearly haven’t been following League City politics.  Mr. Millican is attempting to create his get-out-of-jail-free card for violating this rule, while trying to hide it.  If he was being honest, he would propose deleting this entire section.  Instead, he’s pulling the snake move of what seems a harmless edit by turning the word shall into should.  Be honest, Mr. Millican.  If you don’t like this rule, propose deletion of it.  Otherwise, leave the word “shall” that actually carries weight.  If you don’t believe that Mr. Millican knows what he is doing here in trying to establish this loophole – look at his proposed change to Article V, Section 5, item renumbered to (e) where he wants to change the word “will” to “shall” to add teeth to a rule regarding use of cell phones and other devices for communication during Council meetings.

Questionable Change 6 – Article V, Section 2

A Council addition to a meeting agenda can only be made by the written request, directed to the City Manager or City Secretary, of by the Mayor or any two members of the City Council, that is received by noon on Monday of the week before the meeting on the agenda of which the item is requested to be placed.
JR Commentary:  Yet again, Mr. Millican has some explaining to do for this obvious brown-nosing of the Mayor.  Is this payback for the Mayor’s support of your wife’s new animal shelter?  This attempt to essentially establish the Mayor as twice as important in adding an item to the Agenda constitutes a de facto attempt to circumvent the will of the people when we voted to establish a council-manager form of government.  We do NOT have a strong-mayor, and we do not want one.  Please stop trying to crown Mr. Hallisey the King of League City.

Questionable Change 6 – Article V, Section 5(a)

(a) A member of Council may participate remotely in any meeting of the City Council by means of a videoconference call, provided that: (i) all relevant provisions of the Texas Open Meetings Act are met; (ii) no member of Council may participate by videoconference call in more than two (2) consecutive meetings of the Council; and (iii) a member of Council intending to participate remotely provides written notice of such intent to the City Manager not less than 24 hours prior to the posted start time of the meeting.
JR Commentary:  This proposed addition is nothing more than a direct attack on Mr. Becker and Mr. Long (two council members who recognize that city government is intended to be a part-time task and are forced for their 9-5 to be away from town frequently).  If the intent is that our elected officials be involved and concerned about League City, then why a limit on the number of meetings which are attended via videoconferencing?  Attendance is attendance, and there is nothing magical about physical presence versus video presence, unless Mr. Millican hopes to engage in physical interaction (are we attempting to enable fistfights and chair throwing?).  How does this rule benefit League City?

Most Interesting Edit


But the most questionable change of all, both Emperor Hallisey and his lackey are proposing to remove from the Enforcement section (Article VI) all wording regarding investigations and sanctions available.  In other words, they are seeking to make this a useless “guide”, that has no ability to be enforced.  At that point, they are essentially seeking to eliminate it entirely, without having the integrity to do so (probably because their first attempt at doing just that failed and the issue was delayed a month).  Please show up at Council on Tuesday, the 14th of February to hold your government accountable.  This is NOT what the Green Team campaigned on, and this is not going to help create a more responsive, fair, non-partisan government.  This is the new faction, same as the old faction.

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