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CHA 04/07/2014 TO: Charter Commission Members FROM: Deb Skogen, City Clerk and Staff Liaison Date: April 4, 2014 Re: Charter Commission Meeting of April 7, 2014 This is a reminder to you that the next Charter Commission meeting will be held on Monday, April 7th at 7:00 p.m. in Conference Room A on the Upper Level. In order to ensure a quorum, remember, the Charter Commission policy requires a member to call or e-mail me before 10:00 a.m. Monday, April 7th, as to whether or not you plan on attending the meeting. Please remember to call or e-mail me by Monday morning at (763)572- 3523 or e mail at deb.skogen@fridleymn.gov whether or not you will be attending the meeting. If there will not be a quorum, those Commissioners who called will receive a phone call notifying them there will not be a quorum and the meeting will be cancelled. A notice will then be placed on the door of the cancellation of the meeting for those commissioners who did not call, but came to the meeting. If you have any questions, please call or e-mail me if you have questions. FRIDLEY CHARTER COMMISSION A G E N D A MONDAY, APRIL 7, 2014 - 7:00 P.M. ====================================== Fridley Municipal Center LOCATION: Conference Room A Upper Level 1.CALL TO ORDER: 2.ROLL CALL: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES March 3, 2014 5. ADMINISTRATIVE MATTERS A.Vacancies B.Update on Chapter 3 Proposed Amendment C.By-Laws D.Updated Pages/Chapters 6. OLD BUSINESS 7. NEW BUSINESS 8. FUTURE MEETING TOPICS/COMMUNICATIONS 9. ADJOURNMENT Next Regular Commission meeting May 5, 2014 Conference Room A - Upper Level CITY OF FRIDLEY CHARTER COMMISSION MEETING MINUTES MARCH 3, 2014 CALL TO ORDER: Chairperson Nelson called the Charter Commission meeting to order at 7:04 p.m. ROLL CALL: Members Present: Commissioners Peter Borman, Gary Braam, Don Findell, Marion Flickinger, Carol Hoiby, Rick Nelson, Novella Ollawore, Pam Reynolds, and Cindy Soule Members Absent: Commissioners Bill Holm, Ted Kranz, Barb Reiland, Lois Scholzen and Richard Walch Others Present: Deb Skogen, City Clerk/Staff Liaison APPROVAL OF AGENDA Commissioner Braam MOVED and Commissioner Flickinger seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Reynolds suggested the minutes be amended under future meetings topics by adding the words: Discussion of Commissioner Reynolds MOVED and Commissioner Soule seconded a motion approving the Charter Commission meeting minutes of February 3, 2014 as amended. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A. Annual Election Chairperson Nelson opened the nominations and read the report of the Nominations Committee. After hearing no additional nominations, the nominations were closed. Commissioner Borman MOVED and Commissioner Hoiby seconded a motion accepting the report of the Nominations Committee and moving for a unanimous vote for the 2014- DRAFT CHARTER COMMISSION MEETING OF FEBRUARY 3, 2014 PAGE 2 15 officers of Rick Nelson, Chairperson; Pam Reynolds, ViceChairperson; and Don Findell, Secretary. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. B. Vacancy Ms. Skogen reported Commissioner Holm had provided a letter of resignation to the Charter Commission that was included with the materials. His resignation would be effective May 15, 2014. The other two individuals who had applied for a vacancy on the Charter Commissioner were unavailable for an interview at this time. Commissioner Braam MOVED and Commissioner Reynolds seconded a motion recommending to the chief judge that Marion Flickinger be reappointed. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. C. Update on Chapter 3 Amendment Ms. Skogen said the City Attorney had recommended removing Fridley Resident from Section 3.05, wondering how it could be proved. They felt, because you have to state your name and address when you address the Council, which would provide some proof. The Commissioners all agreed to leave the language as is. She said the public hearing th was scheduled for Monday, March 24. D. By-Laws Discussion Chairperson Nelson said he and Ms. Skogen had met with City Manager Wysopal to discuss how often the Commission meets and how they set their agenda. In addition, Chairperson Nelson thought it might be a good time to review the parliamentary procedures the Charter Commission should use, because of the change by the City Council. Commissioner Reynolds wondered what happened if the Council changed their rules in January. they had not changed any rules since the Charter was adopted. However, if that happened, the Commission could then revisit their bylaws. Commissioner Findell said he went through them and felt they were much easier to understand and nicely condensed. Commissioner Findell MOVED and Commissioner Hoiby seconded a motion to amend the bylaws by changing the parliamentary rules from Roberts to . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. DRAFT CHARTER COMMISSION MEETING OF FEBRUARY 3, 2014 PAGE 3 Charter Commission annual meeting is held in March. He wondered if the Commissioners wanted to continue meeting eight times a year or the length of time of the meetings. The practice has been the meetings end at 8:30 pm. Commissioner Borman MOVED and Commissioner Braam seconded a motion to amend section III.A. By adding the words: The dates will be set for the next calendar year annually at the last meeting of the year. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. Chairperson Nelson said in 2010 the bylaws were amended under Section VII.B. that the ntes added. Ms Skogen said she would review the minutes and make the change. NEW BUSINESS DISCUSSION OF SECTION 4.05 JUDGES OF ELECTIONS Commissioner Reynolds said there was no other charter that had language that disallowed an individual to serve as an election judge if they signed a petition and that there was no state statute taking the right to serve away. a political campaign and not be an election judge. Chairperson Nelson said that being active was different than someone signing a nominating committee or the five individuals of a referendum or initiative committee. Commissioner Reynolds said in 2009 when circulating a petition, an individual called her and told her she was called by Cindy Ruschy and told she would not be allowed to be an election ember of the petition committee. Commissioner Findell said he could understand if a misinterpretation was made if Cindy only read the first line of the paragraph and that it was not intentional, but a mistake. Commissioner Reynolds said she brought it up to the council in 2009, the city attorney agreed that Ms. Reynolds was reading it right, but Ms. Skogen said that was the practice of the City. Ms. Skogen said, after reviewing the language, any individual that was a member of a petition committee could not serve as an election judge. Commissioner Reynolds wondered why the Charter needed that language. Ms. Skogen said it was an opportunity for the Commission to determine whether they wanted to be more restrictive than the state or the same as the state. the Commission had to determine whether or not they wanted to amend the language. During the DRAFT CHARTER COMMISSION MEETING OF FEBRUARY 3, 2014 PAGE 4 special election in 2009 you would use fewer election judges because it was a smaller election. She said due to the retention schedule the applications are only kept for 22 months. She has a record of who worked, but not a record of who applied. Commissioner Reynolds said she did not understand why, if she was a member of a petition committee she could not serve as an election judge, but those on the opposing side of the issue could serve. She felt it Commissioner Braam said they were not members of a petition committee that had filed with the City, but rather a political action committee and could serve as election judges, just like those in support of the petition could, just not the members of the committee that started the activity. Ms. Skogen said they did not have to file any paperwork with the city until the expended or received over $750 requiring them to file a campaign practices report. Commissioner Borman said they could change the language stating that anyone involved with a question whether pro or con could not serve as an election judge. He was concerned that it was an old issue from 2009 and the individual who made the decision was no longer with the City. Chairperson Nelson said the Commission had addressed Chapter 4 in 2013 and this issue was not discussed at that time. After further discussion it was determined the individuals that initiated the petition could not serve, but it would not preclude others from campaigning or serving as an election judge and the language would remain the same. Commissioner Reynolds said she would like to make sure that the correct procedures were followed in the future. Commission Reynolds MOVED to amend Section 4.05 by deleting last second. The motion failed due to the lack of a second. FUTURE MEETING TOPICS Interview of potential charter commission members By-law changes Updated chapter pages for books ADJOURNMENT: Commissioner Flickinger MOVED and Commissioner Reynolds seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 8:04 P.M. Respectfully submitted, Debra A. Skogen, City Clerk/Staff Liaison Donald Findell, Secretary DRAFT Item5-A Item5C FRIDLEY HOME RULE CHARTER COMMISSION BY-LAWS Proposed Amendments March 3, 2014 I. NAME -- the name of the organization shall be the Fridley Home Rule Charter Commission. II. PURPOSE -- the purpose of this organization shall be to frame and amend the Charter to meet the needs of the residents of Fridley. III. MEETINGS A. Commission meetings will be held in the Fridley Municipal Center; or a designated public location upon proper notice. The dates will be set for the next calendar year annually at the last meeting of the year. B. The annual meeting shall be held in March of each year. C. Special meetings may be called by the Chair; or, the Chair, upon receipt of a written request signed by five (5) members, shall, within ten (10) days, call a special meeting upon proper notice. D. A quorum to conduct business shall be determined according to the following schedule: Number of Appointed Charter Commission Members Quorum 15, 14, 13 7 12 or 11 6 10 or fewer 5 E. Except as provided in these by-laws, all meetings shall be governed in accordance with Robert's Rules of Order (2011)., Revised. F. The time of the meeting shall be called by the chair. If there is not a quorum within ten minutes after the meeting time is to commence, the members shall be dismissed. However, if the chair felt there was important business to be addressed, the chair would have the discretion to ask members to stay longer, but may not exceed an additional 10 minutes past the specified time. IV. MEMBERSHIP -- The membership of this organization shall be 15 members. A. All members shall be expected to attend all meetings. If unable to attend, the member shall inform either the Chair or the Secretary as to the reason. Proposed By-Law Changes Page 2 B. Any member missing four (4) consecutive meetings without an adequate excuse, or failing to perform the duties of the office shall be subject to a discharge from the Commission upon a written request to the Court, supporting by two-thirds (2/3) of the Commission members present and voting. V. OFFICERS A. Election of Officers. 1. The officers of this organization shall be a Chair, Vice Chair and a Secretary. 2. The Chair, Vice Chair and Secretary shall be elected from the membership of the Commission. 3. The Chair, Vice Chair and Secretary shall be elected at the annual meeting. No officer shall serve more than two consecutive terms in the same office. 4. All officers shall begin their terms of office upon election to that office. 5. Election to vacant offices shall be made from the floor at the next meeting following the meeting at which the vacancy is declared. 6. Officers of this organization shall be declared duly elected by a simple majority vote of those present and voting. B. Duties of Officers. 1. The Chair shall have the following responsibilities: to call all regular and special meetings, preside at all meetings, set the agenda, implement the decisions of this Commission and participate in all Commission decisions as a voting member. 2. The Vice Chair shall assist the Chair in the performance of these duties. In the event the Chair is unable to perform these duties, the Vice Chair shall discharge such duties. 3. The Secretary shall be responsible for: keeping an accurate record of attendance, recording of minutes at all meetings, distributing minutes to members within a reasonable time, giving notice to members who have missed three (3) consecutive meetings pursuant to Article IV, Section B, of the By-Laws, transmitting all correspondence and related resource material concerning this Commission to the City Clerk for retention and presiding at meetings in the absence of the Chair and Vice Chair. Proposed By-Law Changes Page 3 VI. COMMITTEES A. The Chair shall have the power to create committees, appoint members and designate chairs of those committees. B. In January of each year the Chair shall appoint a nominating committee of three (3) or more members who shall report the nomination of one (1) or more candidates for each office. A written report of such nominations shall be mailed to each member at least ten (10) days before the annual meeting. VII. VOTING A. A majority vote of members present shall be sufficient to pass motions and resolutions except as provided elsewhere. B. There shall be no secret votes, other than contested election(s) of officers. VIII. ORDER OF BUSINESS 1. Call to Order by the Chair. 2. Roll Call. 3. Approval of Minutes. 4. Report of Officers. 5. Report of Committee. 6. Considerations of communications. 7. Old Business. 8. New Business. 9. Adjournment. IX. AMENDMENT A. These by-laws can be amended at any regular meeting of the Commission by a two- thirds (2/3) vote of those presents, provided that the amendment has been submitted in writing to the members at least two (2) weeks before the vote on the amendment.