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CHM 04/02/2012 CITY OF FRIDLEY CHARTER COMMISSION MEETING April 2, 2012 CALL TO ORDER: Chairperson Braam called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Peter Borman, Gary Braam, Marion Flickinger, Carol Hoiby, Bill Holm, Ted Kranz, Rick Nelson, Barb Reiland, Noel Ryan, Cindy Soule and Lois Scholzen Members Absent: Don Findell, Nancy Jorgenson, Pam Reynolds and Keith Shaw Others Present: Deb Skogen, City Clerk/Staff Liaison Cindy Ruschy, Staff Liaison APPROVAL OF AGENDA Commissioner Borman MOVED and Commissioner Reiland seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Kranz said he was not at the meeting so he could not second the motion. Commissioner Soule said she seconded the motion. Commissioner Holm MOVED and Commissioner Hoiby seconded a motion amending the minutes to reflect Commissioner Soule seconding a motion to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED AND THE MINUTES WERE AMENDED. Commissioner Holm MOVED and Commissioner Hoiby seconded a motion approving the Charter Commission meeting minutes of March 5, 2012 as amended. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED AND THE AMENDED MINUTES WERE APPROVED.. ADMINISTRATIVE MATTERS Deb Skogen reported that the reappointed Commissioners, as well as the newly appointed Commissioner Barbara Reiland, had signed their Oaths of Office to the Charter Commission. DISCUSSION OF CHAPTER 4 - NOMINATIONS AND ELECTIONS. Deb Skogen reviewed the Commissioner's questions recommended changes with the Commissioners to Chapter 4. She said Section 4.04 did correctly refer to Section 2.06, if there were a special election. CHARTER COMMISSION MEETING OF APRIL 2, 2012 PAGE 2 Section 4.06, the Commissioner asked about removing the dollar amount for candidates filing for office. MN State Law allows for a $5 filing for cities of the second class unless the Charter states the filing fee. The fee has changed from $0 to $5 to $10. She said if the Commission wanted to remove it they could and the filing fee would revert back to $5. Commissioner Soule said she had raised the question just to see what the Commission wanted to do. The Commissioners agreed to leave the fee at $10. Section 4.07 added the language the language suggested at the last Commission meeting. Section 4.08 this language was added so the Charter reads the same as state law for federal, state or county. The law requires if someone is running a write in candidacy or wants their name counted, they have to notify the county 7 days before the election. By adding this section, an individual running for council must submit their name if they want their votes counted. This would mean election judges would not have to place the information on the write-in tally sheet unless someone has asked their name to be counted. The Commissioners felt this was a good idea. Section 4.09 reviewed the state statute what was required for canvassing and said the changes reflect the state law. This would remove the requirement of canvassing the number of spoiled amount. She reviewed the other changes: Commissioner Holm said there would be one total for total votes cast, but that total will not be the same total as local candidates due to the fall off of voting. Ms Skogen said the total number voting has always been different because some voters do not vote the whole ballot. Some voters only vote for federal, some federal and state so the total number of votes cast may not be the same for city races, which usually receives less votes. Commissioner Holm wondered how the reconciliation of votes was done. Ms. Skogen stated it was done at the polling locations via the summary sheet the County provides. The information on the summary sheet includes the number of spoiled ballots, voter receipts, votes cast, etc. This ensures that the election totals are accurate. The total number of spoiled ballots is not a requirement for canvassing election results. Commissioner Kranz said, for instance, the total number people voting 70, total number for Ted is 50 and the total number for Rick is 10, therefore 10 people did not vote and those totals are shown on the official tape. Ms. Skogen said yes, he was correct. Commission Borman MOVED and Commissioner Nelson seconded a motion recommending approval of the changes to Chapter 4 of the Charter and directing staff to draft an ordinance for the Commission's review at the next meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. DISCUSSION OF CHAPTER 5 - INITIATIVE, REFERENDUM AND RECALL Deb Skogen reviewed Chapter 5 and also the minutes from the last Commission meeting. She said she has made the following changes: Under Initiative, Section 5.03 - changed verified to notarized and added the Commission Changes. Ms Skogen said there were different petition procedures for Charter amendments and petitions for Initiative Referendum and Recall. After reviewing them, she thought it would be a good idea to make them consistent so the procedures would be the same for either type of amendment. So she recommended the following changes: Section 5.05 - in order to get the information for the number of voters on January 1st of that year, you had to print a report on that specific date and the number of registered voters varies throughout the year. She felt it would be better if the language were consistent with state law and recommended changing the number needed to total votes cast in the last state general election in the city, as that number would always be available on the canvassing reports. The Commissioners discussed the percentage needed for a petition. Ms Skogen said that there is a higher number of registered voters in January and February but in March of each year, people who have not voted in the CHARTER COMMISSION MEETING OF APRIL 2, 2012 PAGE 3 past four years become inactive voters and duplicates are removed. She said registration does fluctuate during the year, but that the total number of votes cast does not fluctuate and is a constant number anytime during the year. After further discussion, the Commissioners agreed to increase the percentage from 10% to 15%. Section 5.06 - changed the number days for filing of completed petition, the number of days to re-circulate petition if insufficient, and the number of days to re-verify the number of signatures so it is consistent with the procedures used for a charter amendment. The other addition would be change the percentage to 15% so it is consistent with the last changed. Section 5.07 - the same change from registered voters on Jan 1 to the votes cast at last state general election. The Commissioners discussed the percentage and agreed to change it from 15% to 25% to increase the number of signatures needed for a special election 25% of the votes cast in the last election would be between 3500 and 4000 signatures, would be significant. Under Referendum Sections 5.10 and 5.12 were recommended to be changed so the language mirrored the Initiative Petition. The Commissioners agreed to the recommended changes. Under Recall, Section 5.17, 5.18 and 5.19 were recommended to be changed so the language mirrored the Initiative and Referendum sections. The Commission then went back to Section 5.03.3 to discussion how a petition is signed, who the circulator is and what the difference was between attest, certify and verify. The Commissioners discussed it and provided the following change: 3. A petition may be signed by any registered voter. A petition can be circulated and verified only by a registered voter who has signed the same. All the signatures on any petition need not be on one (1) signature paper. The circulator of each group of signature papers shall be verified as the circulator of the same by attached affidavit which states that each signature was signed in the circulator's presence and is of the person that the same purports to be and that each signer was affirmed as a registered voter at the residence stated thereon. Any paper lacking such affidavit or verified by an affidavit false and untrue is insufficient and void of effect. A petition may be circulated only by a registered voter of the City. A petition may be signed by any registered voter of the City. All the signatures on any petition need not be on one (1) signature paper. The circulator of the petition shall be certified as the circulator of the petition by attached notarized affidavit which states: (1) that each signature was signed in the circulator's presence; (2) the signature is from the person who signed the petition in front of the circulator; and (3) that each signer affirmed they were a registered voter at the residence state thereon. Any petition sheet containing signatures lacking such notarized affidavit shall be void and not used toward the required number of signatures needed to fulfill the petition requirement. Ms. Skogen was directed to provide definitions for the next meeting and Commissioner Scholzen would try to rewrite the section as well. ADJOURNMENT: Commissioner Holm MOVED and Commissioner Soule seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:40 P.M. Respectfully submitted, CHARTER COMMISSION MEETING OF APRIL 2, 2012 PAGE 4 ________________________ Debra A. Skogen, City Clerk ________________________ Commissioner Peter Borman, Secretary