Proposed charter vote is moot

Published: Monday, October 22, 2012 at 09:51 PM.

Because of a state five-year statute of limitations, Miller said that if voters had approved the new charter on Nov. 6, it could be challenged at any time for the next five years because of the error.

“Ordinance 1474 will have to be repealed and re-submitted in order to get in the charter revision on the March ballot,” Roy stated in an agenda memo to the council.

Councilwoman Robyn Helt, who before being elected to the council had served on the charter review committee that proposed most of the new charter provisions, was furious and said the incident illustrates why the proposed change to a city administrator form of government was needed.

“I’d say this is a case in point where the city could benefit from having a city administrator,” she said.

Miller said neither he nor former city attorney Ben Holley could have prevented the error.

“In your system, neither of us could have protected you from this situation,” Miller said. “We’re not part of the review process to reconcile notices and agenda. That’s done administratively in your Administrative Services Department.”

After the council unanimously passed an emergency ordinance repealing the April 9 ordinance, Helt then proposed holding a forensic audit of all ordinances passed over the last five years to assure they were properly advertised.

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