CHM 11/18/1975 •
CHARTER COMMISSION MEETING
November 18 , 1975
_MEMBERS PRESENT: Ken Brennen, Raymond Sheridan, John Swanson,,
Elaine Knoff, Ole Bjerkesett , Herbert Bacon,
Harry Crowder, Peg McChesney, Jackie Johnson
MEMBERS ABSENT: Jerry Ratcliff , Robert O 'Neill , Clifford Ash,
Roy McPherson
OTHERS PRESENT: Virgil Herrick, City Attorney
Chairperson Sheridan opened the meeting at 7 :41 P.M.
APPROVAL OF MINUTES OF OCTOBER 21 , 1975 CHARTER COMMISSION MEETING :
MOTION by Ole Bjerkesett , seconded by Herbert Bacon, to approve
the minutes of the October 21, 1975 Charter Commission meeting
as written. Upon a voice vote, all voting aye , the motion carried
unanimously.
REPORTS FROM OFFICERS :
Chairperson Sheridan explained he had written a letter to Judge
Gillespie asking that he appoint two new members to the Commis-
sion. He added he had recently received a reply from Judge Gillespie
indicating he had appointed Charles Langer, Attorney at Law, and
Karen Johnson to tie Commission. Those persons , along with
Jerry Ratcliff will be sworn in at the next regular Charter Commis-
sion meeting.
DATE FOR NEXT CHARTER COMMISSION MEETING :
The Commission set the date for their next meeting at January 20 ,
. 1976 . Due to the holidays , there will be no meeting in December.
UNFINISHED BUSINESS :
SECTION 5 . 02 EXPENDITURES BY PETITIONERS
Mr. Swanson stated his committee had agreed the $50 limit on
expenditures should be increased to $200 as previously suggested
by the Commission.
He added there was conflict and intermingling between sections
5 . 02 , 5 . 03 , and 5 .19 . It was his committee ' s suggestion that
those committees dealing with sections 5 . 02 and 5 .19 arrange
a meeting to discuss the possibility of combining those sections ,
and also take section 5 . 03 into consideration .
(cont . )
CHARTER COMMISSION MEETING , NOVEMBER 18 , 1975 PAGE 2
SECTION 5 . 08 - INITIATIVE BALLOTS
Mr. Crowder stated it was difficult for him to believe that
two conflicting ordinances could be approved. However , this is
possible . He stated the question in that case would be "who
determines the inconsistency?"
Mr. Crowder stated his committee had thought perhaps if there
were two ordinances which conflicted and were approved , possibly
the City Council could determine what the inconsistency was and
correct it before it actually became an ordinance. Mr. Crowder
asked Mr. Herrick whether it should be spelled out in this
section as to who would have the responsibility of resolving the
inconsistency. (This would be an alternative to the 55%.)
Mr. Herrick stated he felt in the case that both ordinances had
over 50% of the vote , the ordinance with the greater amount of
votes should be enacted.
Mr. Sheridan asked whether the Commission should make it mandatory
upon the Council to resolve the inconsistency within a certain
period of time.
Mr. Herrick stated the City Council would be the only body which
could do anything about this . If the conflict was a serious one ,
yes , it would have to be resolved quickly.
The Commission agreed it wished to (1) remove the percentage ,
(2) resolve the inconsistency by some body, and (3) set a time
limit to resolving the. inconsistency.
SECTION 5 . 18 - FORM OF RECALL BALLOT
Mr. Sheridan stated he would review this section and make some
recommendations to the Commission regarding those voting on the
office of recall. He stated he felt the charges should be spelled
out more clearly.
SECTION 5 .19 - PENALTY FOR FALSELY ATTESTING TO ANY SIGNATURE ON
A PETITION �p A - see. R. ko/7`
Mr. Brennen stated his committee agreed Sections 5 . 19 and 5. 02
did overlap as Mr. Swanson had indicated. Those committees will
meet to discuss these sections together.
Ms. Johnson read aloud a collection of past comments taken from
minutes , letters , etc. regarding this section of the City Charter.
She stated it was the consensus of those discussions that Section
5.19 should be deleted from the proposed changes .
CHARTER COMMISSION MEETING, NOVEMBER 18 , 1975 PAGE 3
Mr. Brennen stated, however, that the committee felt that the
petitioner should know his responsibilities when circulating
a petition. They also agreed they would like the City Charter
to authorize the Finance Director to supply petitioners with
written instructions for circulating a petition. This is being
. done now. However, it should be mandatory.
SECTION 6 . 04 - SUBORDINATE OFFICERS
6
SECTION 6 . 05 - PURCHASES AND CONTRACTS
6
SECTION 6 . 06 - CONTRACTS , HOW LET
Peg McChesney indicated her committee felt that Sections 6 . 05
and 6 . 06 were fine as written. Mr. Herrick stated the dollar
amounts should be deleted with the words " as provided by
state statutes" substituted. The Commission agreed.
In regard to Section 6 . 04 , Mr. Sheridan explained to Mr. Herrick,
that the Commission, in suggesting the City Attorney be appointed
by the City Manager with approval of the Council , was trying
to remove this from the political ring. Mr. Sheridan asked for
Mr. Herrickls guidance on this matter.
Mr. Herrick indicated personally, he did not really care. However,
it would probably be better to have the City Manager make the
appointment.
Mr. Sheridan asked about the possibility of using the words "appoint
a firm " rather than an individual attorney. Mr. Herrick said
it would probably be better to suggest that an individual be
appointed and that he name a replacement. This would be better
because the naming of a firm would eliminate the sole practitioner.
SECTION 7 . 04 -- PREPARATION OF ANNUAL BUDGET
a
SECTION 7 . 05 - PASSAGE OF THE BUDGET
a
SECTION 7 . 14 - ACCOUNTS AND REPORTS
Mr. Sheridan explained his committee recommended that the Charter
Commission leave these sections as they are written. The
Commission agreed .
(.cont, )
r"
• CHARTER COMMISSION MEETING , NOVEMBER 18 , 1975. PAGE it
SECTION 10 . 05 RATES AND CHARGES
SECTION 10 . 06 - PROVISIONS OF FRANCHISES
a
SECTION 10 . 09 - PUBLIC HEARINGS
Mr. Brennen stated his committee had decided it would be better
to use the words "public utility or franchisee" rather than
only the word "franchisee' throughout all three sections .
Also, in Section 10 . 06 , the subdivisions a and b should be stricken
with (1) and ( 2) under b becoming ( 6) and (7 ) .
The Commission agreed.
DATE FOR REPORT ON EACH COMMITTEE' S PROPOSALS :
Each subcommittee will submit a report on their assigned sections
of the City Charter between Christmas and the new year.
ELECTION OF OFFICERS :
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The following persons were nominated as officers of the Charter
Commission:
Raymond Sheridan — Chairperson
Clifford Ash - Vice-Chairperson
Peg McChesney - Secretary/Treasurer
MOTION by Harry Crowder that the Charter Commission cast a
unanimous ballot for the above listed persons and their res-
pective positions . Seconded by Herbert Bacon. Upon a voice
vote, all voting aye, the motion carried unanimously.
ADJOURNMENT:
MOTION by Ole Bjerkesett , seconded by Ken Brennen, that the
Charter Commission adjourn its meeting of November 18 , 1975
at 9 : 19 P.M. Upon a voice vote , all voting aye, the motion
carried unanimously.
Respectfully submitted ,
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14V,4(
Holly Tohsager
Recording Secretary
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