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CHM 09/18/1973 CHARTER COMMISSION MEETING The Meeting opened at 7:45 p.m. on September 18, 1973. ROLL CALL MEMBERS PRESENT: Ray Sheridan, Elaine Knoff, Jerry Ratcliff, Peg McChesney, Robert O'Neill, Jackie Johnson, Edythe Collins, Jack Kirkham, Ole Bjerkesett, and Clifford Ash. MEMBERS ABSENT: Roy McPherson, Donald Wegler, Francis Casey, Herbert Bacon, and Harry Crowder Motion was made by Mr. Sheridan to accept the minutes of the meeting held June ] 9, 1973. Mr. Bjerkesett motioned to accept the minutes without having them read aloud. Upon a voice vote, all voting aye, the motion carried unanimously. COMMUNICATIONS Mr. Sheridan said he had received some communications from some of the city officials. He had also talked with Virgil Herrick, the city attorney, and it was decided that they would get together as soon as possible, and Mr. Sheridan would express some of the comments made by the commission from the attorney's office. Hopefully, this would be done by the next meeting. Mr. Sheridan brought up a conflict Mrs. McChensey had, since she and her family are planning to go to Europe next year. She would like to take up a German course and the two schools which offer this are both held on Tuesday evenings. He suggested rather than having her leave the commission, they could appoint another secretary. The commission decided that an acting secretary would be appointed during a meeting that Mrs. McChesney was absent. Mr. Sheridan asked if there were any reports from the committee in regard to reviewing the individual Chapters? Mr. Bjerkesett said there were a number of things that needed reconsideration in Chapters 4 and 5. The one item he thought was important was the primary election, section #4.03. He felt that section should be eliminated entirely. He said under the present Charter, it states that when there are 4 there must be a primary election. Mrs. Collins said that in checking with the other Charters, Coon Rapids amended theirs in 1964. She felt it was interesting to note that most of the other charters did not have recall sections. But some of the Charters had a withdrawal section, enabling a man to withdraw after filing. Mr. Sheridan said there was no provision in the Charter to withdraw. He commented it would be a good idea for the commission to make note of this and further discussion could be made afterwards. .Mr. Bjerkesett felt that as far as the Charter goes, it seemed to be all right, but his major concern was the section on petitions. Legal implications could be checked, for the Charters vary a little bit. He said the way it is set up PAGE 2 something can be done unintentionally without anyone knowing that there is something improper about it. A violation in regulation can be easily done. He felt the wording should be changed. It should include that husband's and wives cannot sign each others names on a petition. He indicated that he would like to get in touch with Virgil Herrick on this manner. Mrs. Knoff and Mrs. Collins brought to the commissions attention an error on page 12, Section #5.02 in the Charter. The last four lines had been deleted in a reprint. A correction would be made. . The commission further discussed Chapters 4 and 5. Mr. Sheridan said they could put their thoughts into a report and the commission could put it as an item of the agenda and could have a discussion of it later, after further data was included. They discussed the section on recall. Mr. Sheridan said it is tougher to recall the council by ward. He indicated that if two wards were having a problem with an elected official, the ward in which the problem was involved could start a petition. . Mr. Sheridan said the last meetings minutes showed that they had set the Charter into five different groups, A through E. In addition to the groups already assigned, Jack Kirkham and Jerry Ratcliff were assigned to Group A, Clifford Ash to Group B, Peg McChesney to Group E, and Harry Crowder had indicated earlier he would like to serve on Group C. Jackie Johnson said she had a letter from the League of Women Voters. She indicated they would study in their chapters Chapter 6, Administration of City Affairs. Mr. Sheridan said he had discussed with Virgil Herrick and would later get more of his views on this. Mr. Sheridan said perhaps they could get a recommendation from the legal department of the city. (Mr. Bjerkesett said it would be-useful to know what the legal expenditures have been. NIr. Sheridan indicated that if the city had something to go to 1 the Supreme Court a st' ff a rne oy would probably not be qualified to carry through, in an area of specialization such as this. Mr. Sheridan said the commissions recommendation could eventually be to set up a legal department within the city. Legal bond issues and hearings lead to an expense. He said it is charged to the project itself and not the legal department. The commission talked of unfinished business. Mr. Sheridan said he had copies of communication from Tim Breider, and passed them around. Absent members will receive copies. Also, he had heard from Gerald Davis and recommendations from members of the city staff. (See attached) . He further stated that as soon as he got in touch with Mr. Herrick and got a written report from him it would be duplicated and sent out to all members. He asked if there were any more communications? PAGE 3 Mrs. McChesney suggested they would maybe get a bigger percentage of attendance by their members at meetings if everyone was given a call the day before the meeting. Mrs. McChesney volunteered to do so, and the commission agreed to her comment. They reviewed some sections of the Charter and Mr. Sheridan said the commission should weigh some of the considerations sent from William Nee. They discussed the council and resignations. Mr. Ratcliff asked if they were elected to council for a full or unexpired term? Mr. Sheridan indicated it was the unexpired term. Mr. Kirkham said that a man which is seeking higher office has to resign first and his post will be filled. Mr. Bjerkesett said it was probably too late to have a vote on the Charter amendment. The next meeting is scheduled for October 16 and the following meeting will be held November 20th. It was discussed that the meeting in December might be cancelled since it is the week prior to Christmas. The possibility of cancellation is in mind but it is still undecided. The meeting adjourned at 9:03 p.m. • Respectfully submitted, r Shelley'Morrison Recording Secretary • • •