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CHM 11/15/1977 CHARTER COMMISSION MEETING 15 November 1977 MEMBERS PRESENT: Raymond Sheridan, Elaine Knoff, Charles Langer, Jean Schell, Tim Breider, Walt Starwalt, David Berg, Arne Takkunen, Jackie Johnson left c;{y MEMBERS ABSENT: Clifford Ash, John Swanson, Kenneth Brennen, LRay McPherson J Robert O'Neill, Jerry Ratcliff OTHERS PRESENT: None CALL TO ORDER Chairperson Sheridan called the meeting to order at 7:30 p.m. He stated that Mr. Ash would not be able to be present tonight because of previous commitment; Mr. Swanson called to say he is still at home recuperating from surgery, and word was received from Mrs. Brennen that Mr. Brennen was at home ill. APPROVE CHARTER COMMISSION MINUTES MOTION by Ms. Knoff, seconded by Mr. Starwalt, to approve Charter Commission minutes of October 18, 1977 as submitted. Upon a voice vote, all voting aye, motion passed unanimously. NOMINATION OF OFFICERS Mr. Sheridan asked for a report from the Chairman of the Nominating Committee. Mr. Langer announced the nominees as follows: Ray Sheridan, Chairman; Clifford Ash, Vice Chairman; Elaine Knoff, Secretary. Mr. Sheridan asked for further nominations from the floor. MOTION by Mr. Breider that nomina- tions cease, seconded by Ms. Schell, and upon a voice vote, all voting ''aye" motion passed unanimously. Mr. Sheridan asked if Commission wished to vote separately on each nomination? MOTION by Mr. Langer that a white ballot be cast for slate of nominees, motion seconded by Mr. Breider, and upon a voice vote, all voting aye, the motion passed unanimously. REPORT FROM OFFICERS Because the third Tuesday of December falls so close to the holidays, Mr. Sheridan stated that traditionally no meeting of the Commission has been scheduled for December, unless there is something needing urgent attention, and he suggested that the next meeting should be Tuesday, n January 17, 1978. This date was acceptable to all members. • I CHARTER COMMISSION MEETING, November 15, 1977 Page 2. n Mr. Sheridan stated that there were no other reports or correspondence to Commission, and no reply from City Administration regarding question posed by Mr. Swanson at October 18 Commission meeting which resulted in subsequent motion asking for a formal communication from City Manager on ethics ordin- ance. NEW BUSINESS Mr. Sheridan stated that Mr. Ash had suggested to him today that Commission members as a whole should look at other charters and revised Fridley Charter between now and the next meeting in January, and perhaps take some of the input of past few months -- then formally write your thoughts regarding possible changes you think need to be made in Charter. In January and February meetings, he continued, there could be open general discussion with the thought of drawing some conclusions by Commission, and possibly then set a couple of public hearings, or look for further input from inter- ested groups regarding suggested changes. Mr. Sheridan said that one change that has been discussed and felt needed is Charter Section 205 - "Vacancies in the Council." He stated that the Council could possibly be invited in again with the hope of working towards eliminating some of the problems that are still in the Charter under that Section. He said he personally felt that the Council over the past has not faulted the Charter in any way, and supposed that may be an indication that it has in fact some workability. Mr. Langer stated that the City of Minneapolis voted on method of replacing council members and filling vacancies in their last election. Mr. Sheridan asked that City Administration make available to all Commission members for their review a copy of the change in Minneapolis charter referred to by Mr. Langer. Mr. Sheridan asked that a copy of Model Charter of League of Municipalities be made available to all Commission members. This Charter was requested in the last minutes but apparently members of the Commission feel they did not receive that particular charter. In previous Commission meetings Mr. Sheridan said there had been discussion that the time to change by'laws of home rule Charter Commission of the City of Fridley is at their annual meeting. He said there was discussion on this about a year ago, at which time Mr. Terpstra recommended against recommend- ation that the number constituting a quorum be changed from eight to less than that. OLD BUSINESS Mr. Sheridan stated that over next sixty days, and after individual review of Charter as revised in January of this past year, you may find sections where you think change is indicated. In January, he said, perhaps Charter can be reviewed section by section, and at this time some committees can be set up. Mr. Sheridan said the goal would be to get an overview from all 1 CHARTER COMMISSION MEETING, November 15, 1977 Page 3. interested parties, organizations, Council, and then finalyze recommenda- tions to the Council after such hearings. NEXT MEETING The next meeting of the Charter Commission was set for Tuesday, January 17, 1978. ADJOURNMENT MOTION by Mr. Starwalt, seconded by Mr. Berg for adjournment at 8:15 p.m. ; upon a voice vote, all voting aye, motion passed unanimously. Respectfully submitted, ZI55:// i _......417 -.:::'"?'"). Verna Gore , / RecordingLfrecretary Attachs (2) 1. Copy of change in Minneapolis Charter re filling vacancies; 2. Model Charter, League of Municipalities. • CHARTER AP.IEND1U'1T NO. 73 Pais6ed NovembeA 2, 1976 Spc c at et ec ton to If.itt vacancy in o b lice o6 Mayon On AIde'cman as otherwise specifically provided' THE CHARTER OF THE CITY herein. OF MINNEAPOLIS IS HERE- UNTIL THE VACANCY IN THE BY AMENDED AS FOLLOWS: OFFICE OF MAYOR HAS BEEN Section 1. Chapter 2, Section 16, FILLED BY THE SPECIAL of the Charter of the City of Min- ELECTION, THE THEN neapolis is amended to read as PRESIDENT OF THE CITY follows: COUNCIL SHALL TAKE THE "Section 16.Vacancy in Office of OATH OF OFFICE OF, AND Mayor and Alderman — How, BECOME, AND SHALL BE Filled. Whenever any vacancy STYLED ACTING MAYOR FOR shall occur in the office of the THE INTERIM PERIOD,AND AS Mayor (the then President of the SUCH SHALL EXERCISE ALL City Council shall take the oath of THE POWERS AND DISCHARGE office of,and become, and shall be ALL THE DUTIES OF MAYOR. styled Acting Mayor for the WHILE SO ACTING HE SHALL remainder of the term so vacated, BE ENTITLED TO THE SALARY and as such shall exercise all the •OF MAYOR,BUT SUCH SALARY powers and discharge all the duties SHALL BE IN LIEU OF, AND of Mayor. While so acting he shall NOT ADDITIONAL TO, HIS. be entitled to the salary of Mayor,' SALARY AS ALDERMAN IN but such salary shall be in lieu of, EVENT HE SHALL OCCUPY and not additional to, his salary as BOTH OFFICES. Alderman in event he shall occupy; WHENEVER ANY VACANCY both offices. ! SHALL OCCUR IN THE OFFICE Whenever any vacancy occurs)' OF MAYOR ON OR AFTER OR in the office of any Alderman MARCH 1ST OF THE YEAR OF prior to March 1st of the year of the . THE GENERAL CITY ELEC. general city election, it shall be TION THE THEN PRESIDENT filled for the unexpired term by a, OF THE CITY COUNCIL SHALL special election ordered by the city FILL THE VACANCY FOR THE council and held CITY-WIDE IF I REMAINDER OF THE, THE VACANCY IS IN THE. OF VACATED TERM IN THE SAME I FICE OF THE MAYOR OR HELD! MANNER AS PROVIDED in the APPLICABLE ward (for 'ABOVE. which the vacancy exists) IF THE, Whenever any vacancy occurs in VACANCY IS IN THE OFFICE OF •the office of any alderman on or AN ALDERMAN. THE SPECIAL; after March 1st of the year of the ELECTION SHALL BE HELD! general city election,such vacancy within 75 days after such vacancy,) shall be filled by the city council, shall occur. I appointing a qualified voter from For the purpose of selecting the' the ward for which the vacancy candidates to be voted on at such exists, to hold office for the special election, the council shall, remainder of such unexpired term, fix the date of a primary election to . provided that no such appointment be held not less than 35 days prior shall be made after the opening to such special election, and shall date for filing for such position in also fix the dates for filing of .the next ensuing city primary candidates for such office which .election. shall be for a period of not less than • When a vacancy FOR 15 days, and the closing date for ALDERMAN exists on or after the i such filing shall not be less than 20 first date for filing, the person days prior to the date fixed for the elected at the general city election, primary election.All provisions of upon certification of the general this charter pertaining to primary city election results, shall fill the and special elections shall apply to position for the remainder of the' any primary or special elections unexpired term." provided for by this section,except; • r • CHARTER AME?JPMW JT JO. 76 Adopted Hovemben. 8, 1977 �.— ° To pn.ov,i.de •that ,the pn.oceish ion. a 6pec,i.at etectioit to WI an a.tdenman-a on. magonat vacancy ma►t begin when an aCth vnan on. mot zubmi s a notice of rcuignati.on hnom °Wee e{�liecti.ve on a fu,tune date. AMENDMENT NO.76 • • The Charter of the City of ! Minneapolis is hereby amended as follows: Section 1. Chapter 2 of the ; Charter of the City of Minneapolis its amended by adding a new section to read as follows: l "SECTION 16A. WHEN AN ALDERMAN OR MAYOR FILES . WITH THE CITY CLERK A .(NOTICE OF VACATION OF OFFICE TO BE EFFECTIVE ON • iA GIVEN DATE IN THE (FUTURE, SUCH ACTION SHALL (RESULT IN THE VACATION-OF THAT OFFICE ON THAT GIVEN 1DATE. WHEN SUCH A NOTICE ■OF VACATION HAS BEEN 'FILED WITH THE CITY CLERK,, !THE PROVISIONS OF THIS 'CHARTER FOR FILLING THE IALDERMANIC OR MAYORAL VACANCY MAY BE COM- MENCED BUT THE SPECIAL ELECTION SHALL NOT BE HELD UNTIL THE VACANCY HAS OCCURRED." • • 4