01262004 Regular Meeting - Laserfiche WebLink

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Section 2.03 of this Charter, and shall maintain his or her principal physical residence within the corporate limits of San Marcos throughout his or her term of office; for purposes of this subsection, a person must meet all o£the following to meet the requirement for a "principal physical residence" in the ci _ty: (A) The person must sleep at night at the residence; (B) The person must use the residence address for voter registration and driver's license purposes; (C) The person must use the residence address as the person's home address on documents such as employment records, resumes, business cards, government forms and loan applications; (D) The person must use the phone number at the residence as the person's home phone number; and (E) The person must not claim a homestead exemption on any property other than the residence[ Rationale: The Commission is concerned with the ambiguity of the current residency requirement for council members. While the term "principal physical residence" implies more than the plain term "residence," it still requires interpretation to determine whether it is met in a given situation. For example, can a person move into the City temporarily, but continue claiming a homestead exemption on a residence outside the City? Or can a person sleep at a residence in the City, but use an address outside the City for mail, driver's license, and voter registration purposes? The proposed revisions would answer questions like this and provide a more objective basis for determining residency. 2. Amend Section 3.170)) regarding the process for removal of city officials by the city council: (b) The city council shall have the authority to remove any city official appointed or approved by the city council, including members of city boards and commissions established under state law, by this charter, or by ordinance, and the city manager, city clerk, cit3~ attorney and municipal court iudge. Any such removal ora city official by the~city council shall require a majority vote of the membership of the city council and shall be preceded by adequate notice to the official of the time and location of the meeting, the nature of the charge against the official, and an opportunity for a hearing. At any such hearing, evidence both for and against the city official may be offered for the council's consideration. The council may, by ordinance, provide for further or more detailed procedures pertaining to the removal of city officials, not inconsistent with this provision. Rationale: The "due process" afforded by this section to city officials is a significant protection against arbitrary removal action. The Charter Review Commission believes that the term "city official" should be expanded upon to delineate the positions that are afforded the protection. The 2