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CHM 03/15/1977 �.r n CHARTER COMMISSION MEETING March 15, 1977 MEMBERS PRESENT: Ole Bjerkesett, Clifford Ash, Charles Langer, Peg McChesney, Roy McPherson, Jackie Johnson MEMBERS ABSENT: Herbert Bacon, John Swanson, Harry Crowder, Jerry Ratcliff, Robert O'Neill, Kenneth Brennan, Ray Sheridan, Elaine Knoff OTHERS PRESENT: John W. Terpstra, Charter Commission Attorney CALL TO ORDER: Mr. Ash called the meeting to order at 7:45 p.m. APPROVAL OF FEBRUARY 15, 1977 MINUTES: A quorum is needed for approval of minutes and lacking that, minutes were not approved. REVIEW OF APPROVED CHARTER CHANGES: Not accomplished because a quorum is needed for approval of charter changes. REPORT BY ATTORNEY TERPSTRA Mr. Terpstra was called upon to give a report to members present, followed by questions which members might wish to pose. Attorney Terpstra stated that one question posed at the January meeting was whether the Charter Commission can act as a watchdog over the Council, and one of the concerns was whether they could sue on behalf of citizens of the community to enforce Charter provisions. Terpstra's answer to this was simply "No." Mr. Terpstra asked the League of Minnesota Cities to research the question and they came up with the same answer, i.e. really no basis or authority for Charter Commission to act in such a capacity. He stated that the League suggested it might be possible to recommend a Charter provi- sion which would permit Commission to do something along this line -- a questionable recommendation but something you might consider. League of Cities stated that they were not aware of any city charter that has such a provision. Mr. Ash asked if such a provision were drafted and submitted to the Council and they passed it and it became part of the Charter, would that become .•"-• legal? Mr. Terpstra stated that then would put the Commission in a position to act in accordance with the Charter and if somebody raised the question of whether you had authority it could end up in Court on the constitutionality of it. CHARTER COMMISSION MEETING, MARCH 15, 1977 Page 2. Mr. Bjerkesett then asked if it were tested and were to go to Court, would we then be in a position of contention with the City Attorney, who would be defending the Council? Mr. Terpstra replied that it would be similar to an ombudsman, who is out there representing complaints of the citizenry on actions against govern- mental bodies. He stated that League of Minnesota Cities could provide help in the area of research on this subject. Mr. Bjerkesett stated that he could foresee problems in funding -- would have to have agreement on part of City administration to fund legal actions. Would they be willing to provide unlimited funds to provide legal action against themselves? Mr. Ash posed hypothetical question -- suppose such a provision were passed and City gave us a budget of $5,000 - are we not then looking at $10,000 -- in that their defense would cost at least as much as that funded for Charter Commission budget. Mr. Bjerkesett cited past examples of issues that have come up and various actions taken and stated there would be no way the Charter provisions could be specific enough to cover any and all issues that might come up. Ms. McChesney questioned whether there might be some other alternatives -- such as when Charter Commission feels action by Council hasn't been taken within a certain time frame to make a recommendation to the Council. Question was asked of Mr. Terpstra if when an official takes an oath of office, does he take an oath to uphold the Charter? Mr. Terpstra stated that he believed that would be a safe assumption. Question was raised as to whether Charter Commission has authority to call a special election and Mr. Terpstra stated that would be only on a charter change, not to pass an ordinance. He stated that as he sees the Charter it is to give governmental structure and guidance -- when you start propos- ing specific legislative items as Charter changes you are then assuming the duties of the Council. Mr. Bjerkesett stated if a special election were called it would have to have limitation of being done only after legal sufficiency of the petition had been determined, and this is administrative. Ms. McChesney wondered if we have some of these other legal facilities and arm wrestling ability, would then there not be people wanting to save their private money and seek Commission support because they feel their petition is valid. Also questioned whether our Council is so in need of this kind of policing, and this led to the thought also if we need more Council members; would there be less likelihood of problems that have been discussed? .. • CHARTER COMMISSION MEETING, MARCH 15, 1977 page 3. Mr. Bjerkesett stated he thought when the Charter Commission is convinced Council is not performing duties as spelled out by Charter then it would be duty of Commission to see to it that the public has an opportunity to make a decision, either through elected representatives or through referendum, and if elected representatives do not act, then the only logical step is to provide the authority to call a special election, and in that way force the Council to act. Question was raised whether or not it would be possible to incorporate anything - any provision - in the charter that could legally require a Councilman to act or to vote -- yes, no or abstain, and a further ques- tion was asked if an -abstention is considered a vote. Mr. Terpstra stated he believed this really goes to the fundamentals of taking away the freedom of an elected official to act in accordance with his conscience, and that is what he is being elected for, so I suppose the ultimate remedy is at the polls. "I seriously doubt that you can put a valid provision in the Charter that would force them to do something at a specified time." Question was raised as to whether criminal charges can be brought against a Councilman or any public official for voting on an issue when he knows there are illegalities involved - if by his vote he sanctions illegality or improper conduct of a person (take a petition for example) . Mr. Terpstra stated he thought charges could be brought, the problem then is a matter of proof. If an elected official violated the law it would be a felony and then become County Attorney's jurisdiction. Question was raised in the authority we have to employ Mr. Terpstra, what can we use him for? Mr. Terpstra replied that the statutory authority for an attorney as far as this Commission is concerned is simply for legal assistance in drafting Charter -- right now there is no authority for legal advice beyond the stated purpose of the Charter itself. Re questions posed last time by Ole, Mr. Terpstra said that in connection with limitations on the Charter as far as debtis concerned and also question of forcing the City Manager to deal directly with his employees as opposed to hiring a negotiator to do this -- he did not believe there would be a problem in proposing Charter amendments that would accomplish either of those matters. Particularly the latter -- could propose an amendment that would pose that duty directly on the City Manager with whatever flexibility you want to put into it. On the question of debt limitation, you have to keep in mind that the Statutes of Chapter 475 of Minnesota Statutes and considerations on debt limitations, particularly 475.53 and 475.753, and you should review those Statutes at any time that you consider that particular issue. rant" CHARTER COMMISSION MEETING, MARCH 15, 1977 Page 4. The question was raised if a dollar limit as well as a mill levy limit could be set. Mr. Terpstra responded that there is something in Commission charter now, but the Statute does speak in terms of debt limitation and it does give some guidelines that should be reviewed when setting debt limitations -- debt limitation is talking about bonded indebtedness. Mr. McPherson stated that the Council did not speak on taxes when they appeared and gave opinions on the Charter -- when questioned about this they said that about half of their operating budget are Federal and State funds anyway, so it is difficult to control when fifty percent is not coming out of local taxes. Ms. McChesny stated at this point she would like to go over a letter for submittal to judge on Charter recommendations for filling vacancies -- she wrote to the judge and asked him if he would like to have resumes on people being recommended, and he responded that he would like name, age, address and any pertinent facts which pertain to his or her qualifications as a Charter Commission member. Ms. McChesny summarized the status of Commission makeup and term expiration which would be included in letter to judge; also suggested names to fill vacancies: Members whose terms expire in 1979 and will stay on Commission are Clifford Ash; Elaine Knoff; Jerry Ratcliff; Robert O'Neill; Jackie Johnson; Roy McPherson; Term expires after serving one four-year term and thus would like to be reappointed: Raymond Sheridan; Have served 20 months after being appointed to replace F. Casey and J. Kirkham, whose terms would have been up this year. Would like the following reappointed for the above reason: Kenneth Brennan; John Swanson. Has served 15 months after replacing E. Collins and we would like him reappointed: Charles Langer. Need five new appointments to the Commission for the following reasons: Karen Johnson declined appointment in November 1975; Peg McChesney is resigning after 4 year appointment; Harry Crowder, Herbert Bacon and Ole Bjerkesett's terms are ended and they prefer not to be reappointed. Eight names suggested to replace people leaving: Beverly Kinsman; Arne W. Takkunen; Francis A. VanDan Jean Schell; Tim Breider; Myrle E. Rice; Walt Stawdit;ml'eter Brooke, Jr. CHARTER COMMISSION MEETING, MARCH 15, 1977 page 5. Ms. McChesney said she would call Mr. Sheridan and ask him to get in touch with John Swanson to see what his desires are about remaining as a member. Mr. Bjerkesett asked if she had mentioned the name of Barnett for recommend- ation to the Commission and she replied that she had waited for two months now and would appreciate receiving information on him soon - Mr. O'Neill was to have contacted him. Ms. McChesney announced that she is resigning from Commission because of increased commitments of work and school, plus teaching in fall, and expressed appreciation for having had opportunity serve on this Commission. to/ Mr. Ash asked if there was any other business, and there being none, the meeting adjourned at 9:30 p.m. Respectfully submitted, Verna Gore Recording ecretary n i