Should the Oxford Village charter require officials to pay their municipal debts or face removal from office?
Should the charter prohibit officials from having conflicts of interest while serving the community?
Village voters will be expected to weigh-in on these questions and more when the November election rolls around.
During a special Jan. 21 meeting, council voted 4-0 to authorize village attorney Bob Davis to proceed with the necessary steps to place six proposed charter amendments on the ballot.
Charter amendments must be approved by village voters. But before they can appear on the ballot, council must approve resolutions containing the proposed language. Davis plans to present these to council at the 6:30 p.m. Tuesday, Feb. 9 meeting.
The proposed language must then be published and remain on the table for 30 days before any action is taken.
After that, the proposed amendments must be approved by a two-thirds vote of council, then submitted to the governor for approval. If okayed by the governor, then they go before village voters.
Davis has been working closely with council on this issue since October 2014.
‘We want to keep the number of topics limited and only make amendments that are necessary,? said Davis as he addressed council. ‘We have, as a group, defined a few that are necessary and then, there are some that are necessary by law. The charter hasn’t been touched in so long, there are some legal things that have changed.?
The charter, which has an effective date of 1978, has not been significantly reviewed or amended since then.
Davis outlined the six proposed amendments in a two page-memo.
First on the list was expanding the eligibility requirements for obtaining and maintaining public office. The intention is to amend the charter ‘to prohibit individuals from holding elective or appointed office if indebted to the village.? In his memo, Davis explained ‘indebted? would be defined as ‘being past due by 90 days on any water bill or other financial obligation to the village.?
‘It’s very difficult for you, I think, to vote on millage issues and water rates and things of that nature, when you may be behind (on your payments),? Davis explained. ‘It’s better if the slate is clean.?
?(Say) your term is a four-year term, (so) anytime in that four-year term you can be removed from office for being 90 days in debt, correct?? asked Councilwoman Rose Bejma.
‘Correct,? replied Davis.
Whether or not that’s ‘harsh,? Davis couldn’t say, but he does believe ‘it’s logical.?
Davis said he understands ‘people go through issues? when it comes to their personal finances. ‘But I think 90 days gives some leeway to the indebtedness issue,? he said. ‘Ninety days in the real world, in some instances, is delinquent.?
Another of the proposed amendments covers conflicts of interest and Davis admitted he was ‘surprised? by what he found in the existing language.
‘Contrary to state law, your charter says if any one of you up there has what would be known as a legitimate conflict ? in other words, you have an interest in a contract that may be coming before you ? as long as your fellow (council members) say it’s okay, it’s okay,? Davis said. ‘We can’t have that.?
‘What I did is I’m changing your charter to be in generic compliance with whatever laws (are) in effect at the time (concerning conflicts of interest),? Davis continued.
This way, Davis said the village will be covered ‘as state law matures on this issue, which it has been.?
‘Right now, there’s a whole set of rules on when you have a conflict with a contract issue,? he said. ‘We’re just going to say you’re prohibited from having that conflict in accordance with the then-controlling state law.?
Two of the proposed charter amendments deal with the village manager and clerk.
Under these, the village council would be required to review and approve the duties of these positions on an annual basis through a ‘defined review process.?
Davis explained the review process would begin in November and be completed in December. Following this, council would spell out ‘their jobs and duties for the next calendar year? by passing resolutions.
‘We won’t have these long periods anymore where the village manager and the village clerk go without review,? the attorney said. ‘It creates an obligation for (council). This review process is by charter now. You have to do it.?
Mandating an annual review would be ‘a very good thing,? in Davis? opinion. ‘It forces you in November to recap that year,? he said. ‘It forces you to think about the next year.?
But why would their duties have to be defined every year as part of a resolution?
Davis explained that as village managers and clerks come and go, they may have ‘different talents? and areas of expertise, and he doesn’t want them to be confined to a list of duties that never changes.
‘I want the village council, over the years, to have flexibility and to be adapting to who your people are,? he said. ‘If your next village manager is a retired CPA (Certified Public Accountant), you may want to play to those strengths.?
‘You already have duties (spelled out) in your charter. What we’re doing is we’re saying that by resolution, the village council will have the right to supplement, add (to), amend those duties on a year-to-year basis,? Davis added.
The last two proposed charter amendments are simply required by state law.
One states ‘all public records are subject to FOIA (Freedom of Information Act).?
The other states council ‘is empowered to adopt, continue, amend or repeal village ordinances.?