pages: OpenGovernmentCommission/2020-11-16.pdf, 3
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OpenGovernmentCommission | 2020-11-16 | 3 | Chair Schwartz inquired whether Mr. Harrison did not find any cases within the last 50 years which prohibit a commission from sending an ordinance back to Council for further review. Mr. Harrison responded in the affirmative; stated the Commission certainly has power to make recommendations; he is not aware of any cases that would preclude making recommendations. Chair Schwartz inquired whether any cases preclude a supermajority requirement in certain instances; for example, to reject the recommendation of a City's appointed Commission. Mr. Harrison responded as to said point, they were relying on the City's Charter which specifies that the Council takes action by a vote of three members unless the Charter specifies a different threshold. Chair Schwartz stated the Charter does not say anything about this particular situation where an appointed Commission makes a recommendation to City Council regarding the voting quorum that is necessary. Mr. Harrison stated the Charter specifies that Council action occurs by a vote of three members unless the Charter specifies elsewhere; he would not expect to find anything in the Charter because in the absence of anything else, three votes are required. Chair Schwartz inquired whether the Charter has any instances where it allows for a supermajority vote, to which Mr. Harrison responded in the affirmative; stated in cases of urgency ordinances, a four-fifths vote is required, which is in Section 3-12 of the Charter. Chair Schwartz inquired whose responsibility is it to approve a Charter provision; gave the example of the Commission recommending to the City Council that a supermajority be required to adopt something against the recommendation of the Commission to reagendize the matter; inquired whether the City Council could vote to adopt that as an amendment to the Charter. Mr. Harrison responded Charter amendments would have to be placed on a ballot and approved by the voters. In response to Chair Schwartz inquiry regarding the non-delegation notion, Mr. Harrison stated he indirectly relied on the Charter in the sense that it provides that the City Council carries out all legislative powers of the City, with the exception of the powers of initiative and referendum. Commissioner Little stated the language is confusing; it appears there is a third proposal of a compromise between the Knox White and the Foreman proposals, which is not recommended by special counsel; inquired whether Mr. Harrison is special counsel and as such, does not recommend the compromise. Meeting of the Open Government Commission November 17, 2020 3 | OpenGovernmentCommission/2020-11-16.pdf |