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CHM 09/04/1979 CHARTER COMMISSION MEETING SEPTEMBER 4, 1979 CALL TO ORDER Chairperson Ash called the meeting to order at 7:34 P.M. • ROLL CALL MEMBERS PRESENT: Clifford Ash, Peter Truenfels, David Berg, Charles Langer, Bob Pierce, Sue Nagengast, David Schaaf, Walt Starwalt, Kenneth Brennen, John Swanson, Larry Commers, Francis Van Dan MEMBERS ABSENT: Iren M aertens, Jean Schell, Tim Breider APPROVE CHARTER COMMISSION MINUTES OF MAY 1 , 1979: Mr. Swanson noted that his name did not appear in the Roll Call of the May 1 , 1979 minutes. Mr. Ash stated that Mr. Swanson's name should appear in the absent column of the May 1 , 1979 minutes. MOTION made by M r. Starwalt, seconded by Mr. Truenfels, to approve the amended May 1 , 1979 minutes. •—■ UPON A VOICE VOTE ALL VOTING AYE, CHAIRPERSON ASH DECLARED THE MOTION PASSED UNANIMOUSLY. 1 . REPORT FROM OFFICERS: Chairperson Ash stated that he had nothing to report, other than that he wished that the members had a good summer. Mr. Langer also stated that he had nothing to report. Mr. Ash stated that because the Secretary, Jean Schell was absent, there would be no report from her. 2. NEW BUSINESS: There was no new business to be brought before the Commission. 3. OLD BUSINESS: A. Report from Subcommittee Members: Mr. Ash stated that there were two subcommittees that had met during the summer. He stated that he did receive a report from the one subcommittee. Mr. Ash then called upon the chairman of the subcommittee, Mr. Pierce to give his report to the Commission. • aepzemper +, J.y7y unAtIT.C.n UU;vl!Y11JalUly rage 4 Mi. Pierce stated that he had copies of this report for the members of the Commission. He then distributed the copies to the members. (See Attachment) Mr. Pierce then read the report from the subcommittee with their rationale. Mr. Ash questioned the members of the Commission, after Mr. Pierce had concluded the reading of the subcommittee report, if they had any discussion or questions, regarding item 1 , 'Recounts in City elections'? Mr. Berg questioned as to what- the numbers involved were? Mr. Schaaf stated that the State Statue 204A. 515 that they referred to, used the following numbers: If there were 100, or fewer votes cast, than 5 votes or less difference between the candidates, would trigger a recount. If there are more than 100, but less than 500 votes cast, then 10 votes or less would trigger a recount. If there are 500 votes, but less than 2,000 votes cast, 20 votes would trigger a recount. If there were 2, 000 to 10, 000 votes cast, a 1% figure would trigger a recount. If there were over 10, 000 votes cast, than 100 votes between the candidates would trigger a recount. Mr. Schaaf stated that these figures govern school board, county, and city elections. Mr. Pierce stated that he had noted that in the Pavlak case, the legislature had voted to pick up the legal expenses. He questioned as to whether the City Council could do the same in a contested city race, as he felt that was a good idea. Mr. Schaaf stated that he felt that with the State Statue 204A. 515 the figures there, would eliminate much of any need for legal expense, because you would have the automatic recount, so that a candidate would not have to go into the legal expense of contesting the race. Mr. Schaaf questioned that as long as this is state law, was there a need to have it in the City Charter? After discussion, it was decided that because many people look to the City Charter for guidance, this should be dealt with, and explained in the City Charter. MOTION made by Ms. Nagengast, seconded by Mr. Langer, to accept the recommendation of the subcommittee, to have the attorney's draft up the proper legal language, to provide for automatic recounts, as is stated in State Statue 204A. 515 for the Charter Commission to approve. aepiemoer 'r, ly'y unRrilr.n rage } UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN ASH DECLARED THE 1 MOTION PASSED UNANIMOUSLY. MOTION made by Mr. Schaaf, seconded by Mr. Langer to table item 2, 'Unfair campaign practices ' . Mr. Pierce questioned as to what effect tableing this issue would have on it? Mr. Ash stated that this would mean that they would just not deal with it at this time, but that it could be brought back at a later time. Mr. Van Dan, stated that he felt that this type of issue bears debating, and that it should be dealt with. He further stated that he has looked into ways of dealing with it. He stated that the first amendment guarantees the freedom of expressing ones beliefs, but it does not grant the freedom from libel, or slander, so in that respect, he stated, the Commission could develop this idea further. He stated that as in the "Midnite Flyers' , it does not give somebody in a campaign a chance to rebuff. Mr. Commers stated that if there was anything that is libelous, or put out malicously, that is always grounds for an unfair .campaign practices charge. If something is found to be libelous, as in the Pavlak case, a new election is held, or if nothing was found, then the election would stand. Mr. Commers stated that what item 2 was talking about, is prior restraints on brochures, and documents, etc. , and that is were you can get into the constitutional problems. Mr. Van Dan stated that he did not oppose the tableing motion, but thought that this was the appropriate time to state his personal viewpoint. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON ASH DECLARED THE MOTION TO TABLE ITEM 2 PASSED UNAMIMOUSLY. Regarding item 3, 'Filling of Council vacancies' , Ms. Nagengast questioned that under Multiple vacancies, if the City Council would decide as to which vacancy should be filled first. As an example, if there was a Ward 1 , and a Ward 2 vacancy, which one would they fill? Mr. Pierce stated that the subcommittee had not discussed that idea. He suggested that they could stipulate that the vacancy that occurred first, would have to be filled first. Mr. Schaaf suggessted that they could stipulate that the vacancy that has the quickest expiration date should be filled first. . lyric Se tember 4 1• UfthATLA trUMviiiWV ra c w Mr. Starwalt stated that he had some wording that he would like to read to the Commission, so that they maybe could arrive at something from this. He then stated that he had written, "appoint '"■., additional members to raise the membership to four, and such an appointee, serving until elected, or replaced by a person elected at the next scheduled general election for the unexpired portion of the term. Mr. Schaaf questioned as to whether the Commission's intention was that if there should be a vacancy, and someone other than the appointed member should win, the election, if their term would begin when they were certified. He stated that if that was the Commissions intention, that he felt that should be clarified in the Charter. Mr. Pierce stated that yes, that had been their intention. Mr. Truenfels questioned as to what provision is made, if there were to be a common disaster, and the city is left without any members of the City Council? Mr. Swanson stated that since the Commission was looking at multiple vacancies, etc. , he_ felt that they should look at a provision also to take in the case of not having a City Council as in a common disaster. He further stated, that many corporations have restrictions on their officers as far as travel, so as to prevent a common disaster. •-■ Mr. Pierce questioned Chairman Ash, as to if he would like his subcommittee to call the League of Cities, to see what they would have tc say about this situation? Mr. Ash stated that he felt that would be a good idea. Mr. Van Dan stated that he would like the subcommittee to also consider Mr. Starwalt's amendment for their consideration. MOTION was made by Mr. Starwalt, and seconded by Mr. Swanon, that item 3, be returned to the subcommittee with any words that he himself had recommended, and others that they have recommended, plus looking at the past data that has been before the Commission, and bring it back to the Commission for their consideration. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN ASH DECLARED THE MOTION PASSED UNANIMOUSLY. Mr. Pierce requested that Mr. Starwalt, and any others that had opinions, or wording for this item, that they could meet with the subcommittee for their input. Mr. Pierce stated that there seemed to be an opinion, that the person elected should take office as soon as they are certified. He stated that if that was the concensus of the Commission, the subcommittee need not deal with that. r��i Vl.11aV\. T' I 1>f 7 V.ALta1111..11 rage • • 1r. Ash stated that in Chapter 2, Section 2. 05 of the City Charter, that this was already so stated. Mr. Schaaf further suggessted that they look at the time frame of six months, as some may require a primary election. Mr. Pierce stated that his opinion was to leave the appointee in, until the next general election, but that other members of the subcommittee felt that could be too long of a time span. Mr. Ash asked if the other subcommittee chairmen had their reports? Mr. Brennan stated that no, he did not have a report at this time, and he then asked for volunteers for his subcommittee. Mr. Schaaf, and Mr. Truenfels volunteered to serve on the subcommittee headed by Mr. Brennan. Mr. Ash stated that item #4 of Mr. Brennans topics for his subcommittee, was incorrect in as it should state "without approval. " Mr. Starwalt stated that he did not have a report at this time, and asked for volunteers for his subcommittee. Mr. Swanson, and Ms. Nagengast stated that they would serve on the subcommittee headed by Mr. Starwalt. 4. OTHER BUSINESS : Chairman Ash stated that there is one member, Mr. Tim Breider, whom hasn't come to a meeting for a long period of time. Mr. Ash stated that he has sent notes to Mr. Breider regarding this, and has also phoned him, all to no avail. Mr. Ash questioned the Commission, as to how they would like to deal with this situation? MOTION made byrds. Nagengast, seconded by Mr. Langer, that they should send a letter to Mr. Breider, asking for his resignation, or his attendance at the Commission meetings. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN ASH DECLARED THAT THE MOTION PASSED UNANIMOUSLY. ADJOURNMENT: Chairman Ash declared that the meeting adjourn. The Commission adjourned at 9: 05 P.M. Respectfully submitted, Elaine Reed Recording secretary Attachment CHARTER cur1flJ ; UN SUBCOMMITTEE REPORT • • Three items were considered by the sub-committee : 1 . Recounts in city elections- We recommend placing in our charter , the language of State Statue 204A . 515 with the minor word changes needed to remove the references to County Government . The numbers involved appear to be good for our City . Rationale : Although we are currently covered by the Statute, This could be modified or removed at some future date . • 2 . Unfair campaign practices- After searching the laws of several other states and the research report and legal opinions of the League of Minn Cities , we have concluded that any restrictive law against "Midnite Flyers" would be declared unconstitutional . Much as they may seem desireable, they would appear to conflict with First Amendment rights . There are currently laws (State) regulating campaign spending . We recommend no change in the charter . 3. Filling of Council vacancies--- We recommend changes in Section 2 . 05 . Two situations are encountered- 1 . a sigle vacancy and 2 . multiple vacancies . Single vacancy-Change- If a single vacancy shall occur within six months of the next General Election; it shall remain unfilled until that next General election. Multiple Vacancies- If at any time the membership of the Council is reduced to less than (4) ; The remaining members may by unanimous action, appoint additional members to raise the membership to (4) Rationale : Five votes are never needed on the council and with • four or fivemembers- three votes are needed for a majority . In very rare cases , multiple vacancies can occur and provision • • MUST be made for cases where 4 votes are required for Council. action. P Bob Pierce Sub-Committee Chairman Members present : Pierce , Maertens , Schell Members Absent : Berg Copies : Pierce, Maertens , Schell and Chairperson Ash ii Note: The language on multiple vacancies is similar to ' that found in the Brooklyn Center Charter . • • C jl