Cape City Council to discuss changes to city charter

Three proposed amendments to the Cape Girardeau city charter will be among items up for discussion during today's city council meeting.

The amendments will be debated during a study session before the council's regular session. If passed, they would allow:

• A person who has previously served two consecutive terms as a council member to be able to serve again after one year;
• The council to call a special election in February or in June;
• The council to call a special election on certain ordinances at the earliest available date if there is not an available election date from 30 to 120 days after the date of the final council vote.

City manager Scott Meyer said the amendments would help clarify existing charter language and would give the council more flexibility when it comes to holding elections or placing ballot issues before voters.

Meyer said Section 3.02 of the charter, which limits a council member's service to no more than two consecutive terms, has been confusing in that it is unclear whether a person may serve again on the council at any time in the future.

"The way the section has been viewed, a person serves two consecutive terms on the council and then they are finished," he said. "Now there's an attempt to clarify the language to allow a person to run for the council in the future so long as one year has passed since their prior service."

The second amendment is to Section 7.01(c) of the charter. Under that section, the council can call for a special election to be held in the months of April, August and November. The amendment also would allow the council to call for a special election in the months of February or June.

"It's important to be timely," Meyer said. "There could conceivably be the need for the council to call for a special election in February or June to put an important referendum before the voters. It could be awhile waiting for the next available month to hold the election."

The language of Section 7.01(c) allows the council to call a special election at any time that is available under state law. Until 2012, that meant the council could call a special election in February, April, June, August or November. The state law was amended to eliminate the ability of a city to call for a special election in February or June, unless that date has been specifically provided for by a city charter.

"Because Cape has a charter form of government, we can add the months of February and June for holding special elections," Meyer said.

The third proposed amendment focuses on Section 8.06(b) of the charter, which would allow the council to call a special election at the earliest available date on initiative ordinances or referred referendum ordinances if there is not an available election date from 30 to 120 days after the date of the final council vote.

"Again, it's about timeliness," Meyer said. "The ordinances would be able to go before voters sooner."

City attorney Eric Cunningham said the council only will be discussing the proposed amendments and that no action will be taken today to formally adopt them. He added that the amendments could be put before voters in an election held in August or November, depending on how soon the council adopts the amendments.

The council's study session begins at 5 p.m. at city hall; the regular session begins at 7 p.m.

klewis@semissourian.com

388-3635

Pertinent address:

401 Independence St., Cape Girardeau, Mo.