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CHM 03/03/2014 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 “election judges, Section 4.05”. 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- Adopted April 7, 2014 CHARTER COMMISSION MEETING OF MARCH 3, 2014 PAGE 2 15 officers of Rick Nelson, Chairperson; Pam Reynolds, Vice Chairperson; 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 was th 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. Chairperson Nelson said that would be possible, but didn’t think it was likely as 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 Rosenberg’s. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. Adopted April 7, 2014 CHARTER COMMISSION MEETING OF MARCH 3, 2014 PAGE 3 There was a discussion about how often to meet. Chairperson Nelson said Fridley’s 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 words “other than contested election(s) of officers” were 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. She said a change was made in 1974 for language that said “or any member of a committee.” She said there was no language that said she couldn’t be active in 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 judge because she had signed the petition. She wasn’t a member 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. She said if there really wasn’t an issue, the Commission had to determine whether or not they wanted to amend the language. During the Adopted April 7, 2014 CHARTER COMMISSION MEETING OF MARCH 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 was a violation of someone’s rights. 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 sentence. 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 Adopted April 7, 2014