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CHM 11/16/1976 CHARTER COMMISSION MEETING NOVEMBER 16, 1976 MEMBERS PRESENT: Raymond Sheridan, Charles Langer, Clifford Ash, Jackie Johnson, Elaine Knoff, Robert O'Neill, Ole Bjerkesett, Peg McChesney, Jerry Ratcliff MEMBERS ABSENT: Kenneth Brennan, Harry Crowder, Roy McPherson, John Swanson, Herbert Bacon CALL TO ORDER: Chairperson Sheridan called the meeting to order at 7:40 p.m. APPROVAL OF SPECIAL CHARTER COMMISSION MEETING MINUTES: AUGUST 4, 1976: Mr. Bjerkesett stated he would like the following corrections and additions incorporated into the August 4, 1976, Charter Commission meeting minutes: Page 2, paragraph 2, ADD the following: "In response to Mayor Nee's statement in his letter of June 18, 1976, that he 'found no evidence on the Commission's part that we had even considered, let alone acted on, the area of problems which concerned him most' , Mr. Bjerkesett reminded him that in his letter to the Charter Commission dated July 30, 1973, he stated that he opposed tinkering with the basic documents of our various institutions--but that he did support recommendations of the League of Women Voters calling for clari- fication of petitioning procedures . Mr. Bjerkesett said he reminded Mayor Nee that the Commission had done this in the proposed changes incorporated in Chapter 5.03 and 5.19." Page 2, paragraph 4, DELETE the first sentence which reads as follows: "Mr. Bjerkesett suggested that perhaps to resolve the matter, some- body should contact the Attorney General's office and find out whether or not it is possible to place the restricted action via the Charter on a Council's actions in relation to these petitions." SUBSTITUTE with the following: "In response to Mayor Nee's suggestion that the Commission adopt a Charter change that would mandate Council action in a given situation under certain prescribed penalties, Mr. Bjerkesett informed Mayor Nee that Mr. Bjerkesett had been advised that any restriction on CHARTER COMMISSION MEETING, NOVEMBER 16, 1976 PAGE 2 the right of any elected public official to exercise his right of free choice would be illegal. Mr. Bjerkesett asked Mayor Nee, since Mayor Nee was so concerned, why he had not proposed an ordinance to accomplish what he suggested. Mr. Bjerkesett reminded Mayor Nee that the Charter permits such action by the Council under Chapter 3.03 and Chapter 5.03. Mr. Bjerkesett suggested that Mayor Nee, as Mayor, might want to ask the City Attorney to consult with the Attorney General's office for guidance in preparing such an ordinance--if it could be legally done." At the end of Paragraph 4, page 2, ADD the following: "In response to Mayor Nee's charge of 'obstructionism' on the part of the Council in delaying action on three petitions, Mr. Bjerkesett reminded Mayor Nee that in one of those cases, the action of a Council majority was upheld by a Supreme Court decision; and in another case, petition circulators had stated publicly, before the Council, that they had falsely attested to signatures, not knowing this was illegal. And further, that a public referendum supported the Council position. In view of this, Mr. Bjerkesett suggested that the charge of 'obstructionism' could more properly be leveled at the petitioners." MOTION by Ole Bjerkesett, seconded by Charles Langer, that the above additions and corrections be incorporated into the August 4, 1976, Special Charter Commission meeting minutes . Mr. Sheridan stated that these minutes should be retyped and be marked "Revised and Approved". UPON A VOICE VOTE, ALL VOTING AYE, THE MOTION CARRIED UNANIMOUSLY. MOTION by Clifford Ash, seconded by Ole Bjerkesett, that the August 4, 1976, Special Charter Commission meeting minutes be approved as amended. Upon a voice vote, all voting aye, the motion carried unanimously. APPROVAL OF CHARTER COMMISSION MEETING MINUTES: SEPTEMBER 20, 1976: MOTION by Ole Bjerkesett, seconded by Jackie Johnson, to approve the September 20, 1976, Charter Commission meeting minutes as written. Upon a voice vote, all voting aye, the motion carried unanimously. APPROVAL OF CHARTER COMMISSION MEETING MINUTES: OCTOBER 18, 1976: Mr. Sheridan stated that these were not official minutes as there was not a quorum present at this meeting; therefore they do not need to be approved. They are simply comments of what transpired at the October 18, 1976, session. • CHARTER COMMISSION MEETING, NOVEMBER 16, 1976 PAGE 3 • There was some discussion on the subject of a "quorum", but it was decided to discuss it further under "UNFINISHED BUSINESS: REVIEW OF BY-LAWS". Mr. Sheridan stated that he was supposed to personally invite Mr. Terpstra to this Commission meeting so Mr. Terpstra could be introduced after being appointed as the legal representative of the Commission. He apologized that, because he had been calling the wrong telephone number, he had not reached Mr. Terpstra. MOTION by Ole Bjerkesett, seconded by Elaine Knoff, that the Charter Commission engage Mr. John W. Terpstra as its legal counsel. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Sheridan stated he would contact Mr. Terpstra by telephone and probably by letter and invite him to the next Commission meeting. Mr. Bjerkesett referred to the minutes of the September 20, 1976, meeting where Mr. Brennan and Mr. Crowder had suggested that the chairperson appoint a committee of 4-6 people to go over the Charter and list instances where there could be conflicts. His only reason for bringing this up was that, if Mr. Terpstra was going to be at the January meeting, it should be prepared. Mr. Sheridan stated he had not done this as he felt because of the coming elections at this meeting, the new presiding officer might wish to do that. REPORT OF OFFICERS: Referring to the letter to Mayor Nee from the Commission requesting copies of the two letters he refers to in his June 18, 1976, letter, Ms . McChesney stated she did send the letter right away to Mayor Nee at City Hall and she has not had any response at all. Mr. Ash expressed concern that after two months, there had been no response to the Commission from Mayor Nee on this subject. Because of the fact that Mayor Nee said he had sent two letters when the Commission had only received one and the Commission had requested copies of those two letters, Mr. Ash felt another response back to Mayor Nee with those facts was necessary. Mr. Bjerkesett stated that maybe a copy of the letter to Mayor Nee could be incorporated with these minutes . The Commission agreed that if a copy of Ms. McChesney's letter from the Commission to Mayor Nee is available, it should be attached to the minutes of this meeting. REPORT OF COMMITTEES: REPORT FROM THE NOMINATING COMMITTEE Mr. Sheridan stated that the Nominating Committee consisted of Mr. Crowder, Mr. Ratcliffe, and Ms. Johnson. In the absence of Mr. Crowder, Mr. Ratcliffe stated that the Nominating Committee had met and, with the Commission's approval, have submitted the following names for the nomination of officers: • CHARTER COMMISSION MEETING, NOVEMBER 16, 1976 PAGE 4 Raymond Sheridan - Chairperson Clifford Ash - Vice-Chairperson Secretary - Peg McChesney Mr. Sheridan stated he wanted to point out that he did not know if he was actually eligible to be on the Commission again. He stated he was on the original Commission and was appointed to this Commission and has now served four years here. The State Statutes state a person cannot serve two successive 'four-year terms, and he didn't know if this would be considered two successive terms . This was a question that should be asked of Mr. Terpstra. MOTION by Charles Langer, seconded by Ole Bjerkesett, that the nominations for officers be closed. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Ole Bjerkesett, seconded by Robert O'Neill, that the Commission cast a unanimous slate for those nominated by the Nominating Committee. Upon a voice vote, all voting aye, the motion carried unanimously. UNFINISHED BUSINESS: REVIEW OF BY-LAWS Mr. Ash stated that the subject of a "quorum" has never really been a problem, but the By-Laws should be amended so that it is never a problem. Right now the BI-Laws state that eight (8) members shall constitute a quorum. His suggestion is that a "quorum should be a majority of those appointed (5O?) ." And then a paragraph should be added, "In the absence of a quorum at a regularly scheduled meeting, the President may convene the meeting if 2/3 majority of those present agree. All motions presented and passed shall not become official until the next meeting that has a quorum has voted on and agreed upon them." Ms. Knoff questioned Mr. Ash's second paragraph because she said that all motions at a meeting that are not legally put on the books are always brought up at the following meeting under "Old Business". That is parliamentary procedure. Mr. Ash stated that there may be no reason for the second paragraph. There was some discussion about "appointed" members. If a member resigns, is he still considered "appointed" until another member is appointed to replace him? The Commission decided they should have legal counsel before pursuing this further. Mr. Sheridan stated that with regard to the By-Laws and possible changes to it, if the Commission members have any questions they would like presented to Mr. Terpstra at the next meeting to let Mr. Sheridan know. Mr. Ash stated that the question of "what is a member?" should definitely be a question for Mr. Terpstra. The Commission is talking about amending the By-Laws to have a sentence about a "quorum" being the majority of the members appointed, and there is the discussion of what happens when an "appointed member" resigns . CHARTER COMMISSION MEETING, NOVEMBER 16, 1976 PAGE 5 Charter Commission members whose terms will be up_ n 1 7 John Swanson, Herbert o} Charles Langer,—Ole`B3 k Harry Crowder, Kenneth Brennan, and Ray Sheridan. Mr. Sheridan asked Ms. McChesney to write letters to the various civic organiza- tions, primarily those politically-oriented, and the City Council, advising them that there will be some vacancies on the Charter Commission and either ask them to send to Ms . McChesney the names of people who will serve if appointed or. submit their list of names directly to the Chief Judge of the Tenth District. If there are no names submitted, then the Commission can indicate in a letter to the Judge that they have requested additional names from other organizations . Mr. Sheridan stated he would talk to Mr. Terpstra and give him a copy of the By-Laws, express some of the questions the Commission has, and maybe get back to some of the Commission members before the next meeting. NEW BUSINESS: • Mr. Sheridan stated the Commission should decide if they wanted to meet during the month of December because of the Christmas holidays. MOTION by Ole Bjerkesett, seconded by Charles Langer, to suspend the December meeting. Upon a voice vote, all voting aye, the motion carried unanimously. ...... The Commission members agreed to continue having the Charter Commission meetings on the third Tuesday of every month for the coming year 1977. The next Commission meeting is scheduled for January 18, 1977. Mr. Sheridan stated he would select four to six members of the Commission to review the City Charter for possible conflicts in areas which they should review in the next year as the Commission had indicated they would to the City Council and Mayor Nee. ADJOURNMENT: • MOTION by Ole Bjerkesett, seconded by Jerry Ratcliffe, to adjourn the meeting at 9:00 p.m. Upon a voice vote, all voting aye, the motion carried unanimously. Respectfully submitted, /�t/rill ' C�� L Ue Saba Recording Secretary