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CHM 10/02/1979 CHARTER COMMISSION MEETING OCTOBER 2, 1979 CALL TO ORDER Chairperson Ash called the meeting to order at 7:45 P.M. ROLL CALL: MEMBERS PRESENT: Clifford Ash, David Berg, Walt Starwalt, Larry Commers, Francis Van Dan, Tim Breider, Irene Maertens MEMBERS ABSENT: Peter Treuenfels, Charles Langer, Bob Pierce, Sue Nagengast, David Schaaf, Kenneth Brennen, John Swanson, Jean Schell APPROVE CHARTER COMMISSION MINUTES: SEPTEMBER 4, 1979 Chairman Ash questioned the Commission members as to, if there were any changes, or corrections to the minutes? MOTION made by Mr. Starwalt, seconded by Mr. Van Dan, to approve the September 4, 1979 minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON ASH DECLARED THAT ' THE MOTION PASSED UNANIMOUSLY. 1. REPORT FROM OFFICERS: Mr. Ash stated that he was circulating a copy of the letter that he had received from the attorney, in response to his letter that he had sent to them. Mr. Ash stated that this copy of this letter would be attached to this evenings minutes for all the Commisssion members reference. Mr. Ash stated that there seemed to be,.a misunderstanding, in that he felt that he had questioned the attorney to write the charter _ .: section that would be applicable to automatic recount, and instead, the attorney had given him an opinion that yes it is legal. Mr. Ash further stated that the attorney did research, and had given them a definition of 'good cause ' as it applies to the City Charter in the removal of council members. Mr. Ash stated that this definition was not what he had Guessed it would be. 2_ REPORT OF NOMINATING CO MMITTEE: 1 Mr. Ash stated that due to the change in the schedule of meetings, from the last part of the month to the first part of the month, there had not been a nominating committee appointed as of yet. • Mr. Ash questioned as to if Mr. Berg would take the position of ern*. chairman of the Nominating Committee. Mr. Berg stated that he felt that he Would have to decline the position, as he did not feel that he would have the time to spare this month. October 2, 1979 CHARTER COMMISSION Page 2 ' Mr. Ash then questioned as to whether Mr. Starwalt could take the position of chairman of the Nominating Committee? Mr. Starwalt stated that yes he would accept the position. Mr. Starwalt then appointed Irene Maertens, and Tim Breider to work with him on this committee. Mr. Ash stated that he would like the Commission Members to note, that at next months meeting, it is the only time that the By-Laws of the Charter Commission can be revised. Mr. Ash further stated that it was not noted, but the By-Laws were amended on November 21 , 1978. Mr. Ash stated that the only change made at that time, was to change the quorum from eight to seven members. Mr. Ash stated that the By-Laws state that the annual meeting would be on the third Tuesday in November. Mr. Ash stated that therefore, the next meeting would be November 20, 1979. Mr. Ash stated that to meet the requirement, of having the nomination recommendations in the mail twenty days before the annual meeting, the committee should get their recommendations to Dorothy by October 29, 1979, so that she could mail them. 3. NEW BUSINESS : ,� Mr Ash questioned as to whether there was any new business to be brought before the Commission? There was none. 4. OLD BUSINESS: A. Report from Subcommittee members Mr. Ash quetioned Mr. Starwalt as to whether he would give his report? Mr. Starwalt stated that at this time his subcommittee did not have a report prepared Mr. Ash noted that Mr. Brennan, and Mr. Pierce were absent, so that they would not be able to report. Mr. Ash then questioned, if there were any members present that had been on either of these subcommittees? Ms. Maertens stated that she is a member of the subcommittee, but that they had not met as of yet. 3. OTHER BUSINESS: A.Receive copy of Charter Commission By-Laws (can only be amended at November Annual Meeting) Mr. Ash stated that the members do have copies of the By-Laws. B. Receive updated copy of Charter Commission Membership n Mr. Commers stated that his address should be corrected to 5212. October 2, 1979 CHARTER COMMISSION MEETING Page 3 ADJOURNMENT: MOTION was made by Mr. Commers, seconded by Mr. Starwalt, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN ASH DECLARED THAT THE MEETING BE ADJOURNED AT 8: 00 P.M. • Respdctfully submitted, Elaine Reed Recording Secretary Attachments: - • • FRIDLEY HOME RULE CHARTER COMMISSION • BY-LAWS Adopted March 13, 1973 MEETINGS Meetings shall be held in the Fridley City Hall. The annual meeting shall be held on the third Tuesday of November of each year. Special meetings shall be held at such times as may be set by the President. Special meetings may be called by the President or on request in writing of five (5) members. When the President shall receive written notice of a request for a meeting signed by five (5) mem- bers he shall, within ten (10) days, call a special meeting. Public Hearings shall be held up request of eight (8) members of the Charter Commission membership. OFFICERS The officers shall be: President, Vice-President, and Secretary- Treasurer. The officers shall be elected for one (1) year. DUTIES OF OFFICERS The President shall preside at all meetings. The President shall call all meetings. The President shall be ex-officio member of all committees. The Vice-President shall preside over all meetings in the absence or disqualification of the President. In case of vacancy in the office of the President, the Vice President shall assume all duties and obligations of the President until a successor is duly elected and qualified. The Secretary-Treasurer shall keep general supervision over the • records and proceedings, shall take minutes of any and all meet- ings, shall issue notices of all meetings, shall conduct all correspondence, shall issue all press releases of the organiza- tion, and shall expedite disbursements of authorized expenditures. n COMMITTEES The President shall appoint the committees and the members there- of, and shall designate the chairman of each committee. In September of each year, the President shall appoint a nomina- ing committee of three (3) or more members who shall report the nomination of one (1) or more candidates for each office. Written reports of such nominations shall be mailed to each member at least twenty (20) days before the annual election. Nominations from the floor shall be in order at any election. ORDER OF BUSINESS 1. Call to order by President. 2. Roll call--quorum being present the meeting proceeds with business. 3. Reading by Secretary of the minutes of previous meeting and their consideration and approval. 4. Report of officers. 5. Report of committees. 6. Considerations of communications. 7. Unfinished business. 8. New business. 9. Motion to adjourn. All meetings shall be governed by authority of Robert's Rules of Order. QUORUM Eight (8) members shall constitute a quorum. (CHANGED IN 1978 to seven (7) members constituting a quorum) . A majority of members present shall be sufficient to pass motions and resolutions. AMENDMENTS Amendments and changes to these. By-Laws may be proposed by a major- ity of a quorum. They shall become a part of the By-laws when rati- fied by two-thirds (2/3) or ten (10) of the Home Rule Charter Com- mission membership. n BARNA. GUZY. TERPSTRA. MERRILL & GIANCOLA. IIrD. ATTORNEYS AT LAW COMMERCE PARK OFFICE BUILDING /04 7802 UNIVERSITY AVENUE N.E. FRIDLEY. MINNESOTA 55482 PETER BARNA (012) 571-8481 COLUMBIA HEIGHTS OFFICE OIiN W. TER I'�3TItA 8700 CENTRAL AVENUE N. E. J OIIN:RT A. GUZY MINNEAPOLIS. MINNESOTA 55421 RICHARD A. MERRILL 10121 708-1844 GABRIEL D. GIANCOLA ROBERT C. IIYNES GORDON L. JENSEN JAIIIG4 D. GIBBS PAUL F. BODLEWSKI JOHN A. RAETZ JAMES W. REUTER DENNIS J. VAN ORDEN CHRISTOPHER O. SITZMANN October 1, 1979 Mr. Clifford Ash Chairman, Charter Commission 6431 University Avenue NE Fridley, MN 55432 Dear Mr. Ash: I am writing to you in response to your letter of September 18, 1979. You inquired whether Minn. Stat. §204A. 515 is applicable to home rule charter cities and you requested a definition of the term "good cause" as used in the Charter of the City of Fridley, Chapter 2, §2. 05. Minn. Stat. §204A. 515, pertaining to election recounts, is applicable to home rules charter cities . By its terms Minn. Stat. §204A. 515 applies to municipalities. Municipality is defined as any city or town. Minn. Stat. §204A. 01; Minn. Stat. §200A. 02 subd. 10. The term "city" includes a home rule charter city. Minn. Stat. §200A. 02 subd. 8. Therefore, Minn. Stat. §204A. 515 applies to Fridley. This interpretation was confirmed by the League of Minnesota Cities ' Legal Council . Your second question concerned the definition of the term "good cause" as used in Chapter 2, §2. 05 of the Charter of the City of Fridley. §2 . 05 applies to vacancies on the council and provides that a vacancy will be deemed to exist where " . . .by reason of the failure of any councilman without good cause to perform any of the duties of membership in the council for a period of three months . " In Swenson v. Minneapolis-Honeywell Regulator Company, 246 Minn. 429, N.W.2d 526 (1953) the Minnesota Supreme Court stated that good �. cause contemplates reasons which are of an emergency or temporary • nature. In Grushus v. Minnesota Mining & Manufacturing Company, 257 Minn. 171, 100 N.W. 2d 516 (1960) the Court held that good cause does not include reasons which arise from one' s actions . Although both of the above definitions of good cause arose in . Mr. Clifford Ash October 1, 1979 Page -2- cases concerning unemployment benefits, it is my opinion that these definitions are applicable to good cause as used in Chapter 2, §2. 05 of the Charter of the City of Fridley. Therefore, the term good cause for failure to attend council meetings would include such reasons as illness (temporary) ; a death in the council person' s immediate family (emergency) ; a doctor-councilperson who is absent because he or she is rendering medical treatment (emergency) ; and so forth. A planned vacation or business trip which prevents attendance is probably not cause, as the absence is brought about by the councilperson' s own actions . Each case under the good cause provision would have to be decided on its own facts and the councilperson who is proposed to be removed would be entitled to a full hearing on the facts. Please do not hesitate to contact me if you have any questions con- cerning the above matter. Very truly yours , BARNA, GUZY, TERPSTRA, MERRILL & GIANCOLA, LTD. "K ,----- /-$2---r"e"-' J n W. Terpstra JWT:ps