03-18-2024
Charter Commission Meeting
March 18, 2024
7:00 PM
Fridley Civic Campus, 7071 University Ave N.E.
Agenda
Pursuant to Minnesota Statute § 13.02 the March 18, 2024 meeting will be a hybrid meeting.
Commissioner Rick Nelson will be attending via Zoom from 7591 West Battaglia Drive, Lot B-10, Casa
Grande, AZ 85193.
Virtual: https://us06web.zoom.us/j/82443740179?pwd=vOUVcBHl7QZ9dz1tLjual7YGgCIHAu.1
Meeting ID: 824 4374 0179. Passcode: 937773. Call in: 312-626-6799.
Call to Order
Roll Call
Approval of Agenda
Approval of Meeting Minutes
1.Approval of February 5, 2024 Charter Commission Meeting Minutes
Administrative Matters
2.Preparing for April 29, 2024 Joint Meeting with the Fridley City Council
3.Charter Commission Training
4.Commission Appreciation Dinner
5.Election of Officers
Old Business
6.Chapters 5 Review
7.Review Bylaws
New Business
Future Meeting Topics/Communications
8.Future Meeting Topics
Adjournment
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Charter Commission Meeting 3/18/2024 Agenda Page 2
Upon request, accommodation will be provided to allow individuals with disabilities to participate in
any City of Fridley services, programs, or activities. Hearing impaired persons who need an interpreter
or other persons who require auxiliary aids should contact the City at (763) 572-3450.
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AGENDA REPORT
Meeting Date:March 18, 2024 Meeting Type: Charter Commission
Submitted By:Beth Kondrick, Deputy City Clerk
Title
Approval of February 5, 2024Charter Commission Meeting Minutes
Background
Attached are the minutes fromFebruary 5, 2024
Recommendation
Staff recommend the approval of the February 5, 2024Charter Commission Meeting Minutes.
Attachments and Other Resources
February 5, 2024 Charter Commission Meeting Minutes
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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4:
Charter Commission
February 5, 2024
7:00 PM
Fridley City Hall, 7071 University Avenue NE
Minutes
Call to Order
Chair Nelson called the Charter Commission meeting to order at 7:00 p.m.
Present
Donald Findell
Manuel Granroos
Nikki Karnopp
Clifford Johnson
Ted Kranz
Audrey Nelson
Rick Nelson
Ted Kranz
Pam Reynolds
Absent
Mohammed Barre
Kelli Brillhart
Greg Gardner
Ibsen Gabriel
Steven Kisner
Valerie Rolstad
Others Present
Melissa Moore,City Clerk
Beth Kondrick, Deputy City Clerk
Dave Ostwald, City Council
Approval of Agenda
Motionby Commissioner Granroos to approve the agenda. Seconded by Commissioner Karnopp.
Upon a voicecallvote, all voting aye, Chair Nelson declared the motion carried unanimously.
Approval of Meeting Minutes
1.Approvalof January 9, 2024, Charter Commission Meeting Minutes
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Charter Commission 02-05-2024 Minutes Page 2
Motion by Commissioner Karnopp to approve the minutes of January 9, 2024, as presented. Seconded
by Commissioner Granroos.
Upon a voice call vote, all voting aye, Chair Nelson declared the motion carried unanimously.
Administrative Matters
2. Updated Member List
Ms. Moore stated that an updated member list has been provided to include the three new
C
3. 2024 Nominating Committee Report
Commissioner Karnopp provided an update on the Nominating Committee and the
recommendations for nominees for 2024. The committee has nominated Commissioner Rick Nelson
to be Chair, Commissioner Johnson as Vice Chair and Commissioner Audrey Nelson as secretary.
Granroos.
Upon a voice call vote, all voting aye, Chair Nelson declared the motion carried unanimously.
Old Business
5. Chapter 1 Review
The Commission reviewed the edits and recommendations to Chapter 1 that were agreed upon at the
January meeting.
Motion to proceed as revised by Commissioner Johnson. Seconded by Commissioner Reynolds.
Upon a voice call vote, all voting eye, Chair Nelson declared the motion passed.
New Business
6. Chapters 5 & 10
The Commission reviewed comments offered by the City Attorney and staff on Chapter 5. The
Commission discussed various updates to the Chapter.
After discussion and deliberation, the Commission agreed to have Staff present a draft of suggested
edits for its next meeting.
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Charter Commission 02-05-2024 Minutes Page 3
Commissioner Karnopp asked if it was ok to draft the first paragraph of the chapter into a bullet
format and send her draft to be included in the next review. Ms. Moore said yes, anyone is welcome
to do that at any time.
Future Meeting Topics/Communications
7. Future Meeting Topics
Ms. Moore reminded the Commission that for the March meeting they should prepare a list of
discussion topics for their joint meeting with the City Council in April.
Ms. Moore also informed the Commission that at the May meeting, a representative from the League
of Minnesota Cities will come and give a training session.
Adjournment
Motion by Commissioner Karnopp to adjourn the meeting. Seconded by Commissioner Findell.
Upon a voice vote, all voting aye, Chair Nelson declared the motion carried and the meeting adjourned
at 8:27 p.m.
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AGENDA REPORT
Meeting Date:March 18, 2024 Meeting Type: Charter Commission
Submitted By:Beth Kondrick, Deputy City Clerk
Title
Preparing forApril 29, 2024Joint Meeting with the Fridley City Council
Background
At its January 9, 2024meeting the Commission approved a motion to set a joint meeting with the Fridley
City Council. collaborate on
discussion topics it would like to discuss with the Council.
Recommendation
Staff recommend the Commissionconsider any topics it may wish to discuss with the Council on April
29, 2024.
Attachments and Other Resources
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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AGENDA REPORT
Meeting Date:March 18, 2024 Meeting Type: Charter Commission
Submitted By:Melissa Moore,City Clerk/Communications Manager
Title
Charter Commission Training
Background
As requested by the Commission, staff have arranged for an attorney from the League of Minnesota
responsibilities of a Charter Commission.
Recommendation
Attachments and Other Resources
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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AGENDA REPORT
Meeting Date:March 18, 2024 Meeting Type: Charter Commission
Submitted By:Beth Kondrick, Deputy City Clerk
Title
Commission Appreciation Dinner
Background
The annual Commission Appreciation Dinner will be held on April 15 at Springbrook Nature Center at
6:00 pm. Invitations will be mailed to
Recommendation
None.
Attachments and Other Resources
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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AGENDA REPORT
Meeting Date:March 18,2024 Meeting Type:Charter Commission
Submitted By:Beth Kondrick, Deputy City Clerk
Title
Election of Officers
Background
Pursuant to Section 4(b)of the Bylaws, officers of the Commission are to be elected at the
Annual Meetingin March. At its February 5meeting the Commission approved a motion accepting the
. Nominated were Rick Nelson for Chair, Clifford Johnsonfor Vice Chair,
and Audrey Nelsonfor Secretary. Past practice has been for the Commission to also allow for
nominations from the floor.
Section 6 subd. (a)(6)of the Bylaws directs the Chair to ask for a committee of two to count ballots.
All officersare elected by a simple majority andbegin their terms of office upon election.
Recommendation
Staff recommend any further nominations from the floor be added. Staff recommend a committee of
two to read aloud ballotsto be reflected in the minutes.
Attachments and Other Resources
Ballot for Election of Officers
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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City of Fridley Charter Commission
Ballot for Election of Officers
Voting Commission Member Name: ______________________________________________________________
Please select one per category.
Chair: Rick Nelson
Nomination from the floor __________________________________________________
Vice Chair: Clifford Johnson
Nomination from the floor __________________________________________________
Secretary: Audrey Nelson
Nomination from the floor __________________________________________________
March 6, 2023
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AGENDA REPORT
Meeting Date:March 18, 2024 Meeting Type: Charter Commission
Submitted By:Melissa Moore,City Clerk/Communications Manager
Title
Chapters 5 Review
Background
At its February 5meeting the Charter Commission directed staff to draft revisions toChapters 5for
proceeded to update the formatting of
the Chapter for writing styleand clarity. Staff also integrated several revisions the Commission
discussed in February.
Substantive changes to the chapter that are outlined in the draft include:
Section 5.01 is Definitions. Staff included definitions that were discussed at the February
meeting. Other definitions may be appropriate as directed by the Commission.Malfeasance
and nonfeasance were moved from Section 5.16.
Section 5.02 was reformatted as written by Commissioner Karnopp and Chair Nelson.In
addition, staff moved the first sentence of 5.03.01 to this section as well, because the sentence
speaks to the enabling laws of the State that allow for such procedures. It serves well inthe
introductory language of the Chapter.
Section 5.03 listsatter which
one the reader is interested in, those rules apply to all three.
Section 5.07
is subjective, so staff recommends either theCommission clearly define what that means or
remove it.
Section 5.16, the definitions of malfeasance and nonfeasance were moved to Section 5.01.
Section 5.22 was moved to Section 5.03as paragraph nine.
Recommendation
Staff recommend the Commission review the drafted revisions to Chapter 5 and provide further
direction to Staff.
Attachments and Other Resources
Chapter 5 Staff Review
Vision Statement
We believe Fridley will be asafe, vibrant, friendly and stable home for families and businesses.
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Fridley City Charter
Chapter 5. Initiative, Referendum and Recall
Section 5.01 Definitions
City Charter, Charter: The City of FridleyÔs (City) local constitution.
Electorate: All people in the City who are entitled to vote in an election.
Initiative: A proposed law or Charter amendment to be placed before the Electorate during a special
or General Election.
Malfeasance: An illegal act by an elected official performed in their official capacity.
Nonfeasance: Neglect or refusal to perform official duties.
Ordinance: City law enacted by the Fridley City Council (Council).
Recall: A proposed initiative that seeks to remove any elected officer of the City.
Referendum: A proposed initiative that seeks to prevent an existing law or Charter amendment from
taking effect.
Registered Voter: An eligible voter who complies with voting registration procedures and
requirements as established by State law.
Section 5.01. 5.02 Powers Reserved by the People
The people of the City of Fridley reserve to themselves the power, in accordance with the provisions
of this Charter, to initiate and adopt any ordinance, except an ordinance appropriating money or
authorizing the levy of taxes; to require any ordinance when passed by the Council to be referred to
the electorate for approval or disapproval; and to recall elected public officials. These powers shall
be called the initiative, the referendum, and the recall, respectively.)
In accordance with the provisions of the Charter, the people of the City reserve the power to:
Initiate a petition to adopt an ordinance (except an ordinance appropriating money or
authorizing the levy of taxes) to be voted on by the electorate;
Require an ordinance when passed by the Council to be referred (referendum) to the
electorate for approval or disapproval; and
Recall any elected officer of the City.
A petition for an initiative, referendum or recall may be submitted, signed and circulated upon the
grounds authorized by State law and the Constitution of the State of Minnesota.
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Section 5.02. Expenditures by Petitioners
No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and
no signer of any such paper, or any other person, shall accept or offer any reward, monetary or
otherwise, for service rendered in connection with the circulation thereof. This shall not prevent the
committee from paying for legal advice and from incurring an expense not to exceed $200 for
stationery, copying, printing, and notaries' fees. A sworn statement substantiating such expenses
shall be turned over to the City Clerk within five (5) days following the filing of a sufficient petition.
Any violation of the provisions of this Section is a misdemeanor. Any violation of this Section shall
be reported by the City Clerk to the proper authorities for prosecution under State Statutes applying
thereto.
Section 5.03. Initiative, Referendum and Recall Further Regulations
1. No rewards, monetary or otherwise, may be accepted by:
Any person who is a member of an initiative, referendum or recall committee;
Any person who circulates a petition for initiative, referendum or recall; or
Any person who signs a petition for initiative, referendum or recall.
2. Committees for an initiative, referendum or recall may pay for legal advice and incur related
committee expenses not to exceed $200. A sworn statement substantiating such expenses must
be turned over to the City Clerk within five days following the filing of a sufficient petition.
Any violation of the provisions of this Section is a misdemeanor. Any violation of this Section
must be reported by the City Clerk to the proper authorities pursuant to State law.
1.3. A lawful petition under this Charter may be submitted, signed and circulated upon an
ordinance to be initiated, or upon an ordinance to be made the subject of a referendum or on a
proceeding for recall upon the grounds authorized by law and required by the Constitution of
the State of Minnesota. Reasons stated infor the proposed petition, are to be stated and noted
in the petition itself. A petition for any other purpose may be made in accordance with
procedures established by this Charter or under provisions of State law as may be elsewhere
provided.
2.4. A petition under this Charter shallfor an initiative, referendum or recall must be filed in the
office of the City Clerk as one (1) instrument, which instrument shall and contain any all required
documents (appropriate to the petition), a copy of any ordinance proposed, covered or affected,
and all the supporting signature papers and affidavits attached in support of the same.
3.5. A petition shall for an initiative, referendum or recall must be circulated by a registered voter
of the City. A valid petition shall may only be signed by registered voters of the City. All the
signatures on any petition need not be on one (1) signature paper. The circulator of the petition
shall must be certified as the circulator of the petition by an attached notarized affidavit which
states:
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(1) that the circulator has signed the petition;
(2) that each signature was signed in the circulator's presence;
(3) the signature is from the person who signed the petition in front of the circulator;
and
(4) that each signer affirmed they were a registered voter at the residence stated
thereonindicated on the petition.
Any signature paperpetition lacking the notarized affidavit shall beis void. If voidvoided, the
signatures on that paper shall may not be used in the calculation of the signatures needed to
fulfill the petition requirement.
4.6. The insufficiency or irregularity of a petition shall may not prejudice the filing of any new
petition for the same purpose, nor shall it prevent the Council from referring any ordinance
proposed to the electorate at the next regular or special election, or otherwise acting favorably
upon the same.
5.7. The Council may provide by ordinance such any further regulations for the an initiative,
referendum, and or recall not inconsistent with this Charter as it deems necessary.
6.8. The City Clerk, upon receipt of documented information that any signature on any petition
paper has been falsely attested to, shall promptly forward such information to the proper
authority for prosecution under State Statutes applying thereto. If the City Clerk finds that any
documented information or signature on any petition for an initiative, referendum or recall has
been falsely attested to, must promptly forward such information to the proper authorities
pursuant to State law.
9. The City Clerk must provide to every person circulating a petition for an initiative, referendum
or recall, written instructions delineating the correct and proper procedure for circulating the
petition. The instructions provided will clearly define falsification of a signature and false
attestation of a signature and will cite those ordinances, laws, or statutes relating to such acts.
INITIATIVE
Section 5.04. Initiation of MeasuresInitiative Petition
Any five (5) registered voters may form a committee for the initiation of any ordinance as provided
in Section 5.03.015.02. Before circulating any petition the committee shall must file a copy of the
proposed ordinance with the City Clerk along with the names and addresses of members of said
committee. The committee shall must attach a verified copy of the proposed ordinance to each of
the signature papers herein described, along with their names and addresses as sponsors thereofof
the petition. A verified copy of the proposed ordinance shall be a copy to which the The City Clerk
must affixes affix the words: "Proposed Ordinance on File. Fridley City Clerk:_____ Date:_____" to the
ordinance filed.
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Section 5.05. Form of Initiative Petition and of Signature Papers
The completed petition for the adoption of any ordinance not yet in effect, shall must consist of the
ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall
not be Petitions are not complete unless signed by at least fifteen percent (15%) of the total number
of votes cast at in the last state general electionGeneral Election in the City. Each signature paper
shall page must be in substantially the following form:
INITIATIVE PETITION
Proposing an ordinance to __________________ (stating the purpose of the ordinance), a copy of which
ordinance is hereto attached. This ordinance is sponsored by the following committee of registered
voters:
Name (Please Print) Address (Please Print)
1.
2.
3.
4.
5.
The undersigned registered voters, understanding the terms and the nature of the ordinance hereto
attached, petition the Council for its adoption, or, in lieu thereof, for its submission to the electorate
for their approval.
Name (Please Print) Birth Year Address (Please Print) Signature
At the end of each group of signatures papers shall be appendedmust be the affidavit of the
circulator mentioned detailed in Section 5.03.035.03.05.
Section 5.06. Filing of Initiative Petitions and Action Thereon
Within ten (10) days after the filing of the completed petition, the City Clerk shall ascertain by
examination will determine if the number of signatures appended theretosubmitted and whether
this number is at least fifteen percent (15%) of the total number of votes cast at the last state general
electionGeneral Election in the City. If the City Clerk finds the petition insufficient or irregular, the City
Clerk shall must at once notify one (1) or more members of the petition committee of that fact, stating
the reasons for the insufficiency or irregularity. The committee shall will then be given ten (10)
business days in which to file additional signature papers and to correct the petition in all other
particulars with the City Clerk. The calculation of the ten business days begins on the date the letter
is postmarked. The City Clerk shall may have five (5) business days to verify the sufficiency of the
additional signature papers or corrected petition. If at the end of that period the petition is found to
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be still insufficient or irregular, the petition shall must be filed in the City Clerk's office with the City
Clerk and no further action shall will be taken. The City Clerk shall must notify one (1) or more
members of the petition committee of that fact.
Section 5.07. Action of the Council on Sufficient Initiative Petitions
A.1. Completed Petition With Signatures Under 25%
When the completed petition is found to be sufficient, withIf the number of signers of the petition
is not less than fifteen percent (15%) and less than twenty-five percent (25%) between 15% and
25% of the total votes cast at in the last state general electionGeneral Election, the City Clerk shall
must transmit the initiative petition to the Council at its next meeting., stating the The notification
to the Council must include the number of petitioners and the percentage of the total number
of registered voters which they constitute. The Council shall must at once read the ordinance and
shall thereupon providecall for a public hearing upon regarding the ordinance. After holding the
public hearing, the ordinance shall must be finally acted upon by the Council not no later than
sixty-five (65) days after the date upon which it was submitted to the Council by the City Clerk. If
the Council passes the ordinance as submitted, the ordinance shall will become effective and
need not be submitted to the electorate. If the Council fails to pass the proposed ordinance, or
passes it in a form different from that set forth in the petition and unsatisfactory to a majority of
the petition committee, the proposed ordinance shall must be submitted by the Council to the
electorate at the next regular municipal election.
B.2. Completed Petition With Signatures of 25% or More
When the completed petition is found to be sufficient withIf the number of signers of the petition
equal equals to at least twenty-five percent (25%) or more of the total votes cast at in the last
state general electionGeneral Election, the City Clerk shall must transmit the initiative petition to
the Council at its next meeting., stating the The notification to the Council must include the
number of petitioners and the percentage of the total number of registered voters which they
constitute. The Council shall must at once read the ordinance and shall thereupon provide call
for a public hearing upon regarding the ordinance. After holding the public hearing, the
ordinance shall must be finally acted upon by the Council not no later than sixty-five (65) days
after the date upon which it was submitted to the Council by the City Clerk. If the Council passes
the ordinance as submitted, the ordinance shall will become effective and need not be submitted
to the electorate. If the Council fails to pass the proposed ordinance or passes it in a form different
from that set forth in the petition, the Council shall must call for an election and place the
question on the ballot. If the petition is submitted by July 1st of an even year, the question shall
must be placed on the next regular municipal election ballot. If the petition is submitted after July
1st of an even year or during an odd year, the Council shall may call for a special election subject
to Minnesota Election LawState law.
Section 5.08. Initiative Ballots
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The ballots used when voting upon such proposed ordinance shall must state the substance of the
ordinance and shall must give the electorate the opportunity to vote either "Yes" or "No" on the
question of adoption. If a majority of those voting on any such ordinance vote in favor of it, it shall
thereupon will become an ordinance of the City. Any number of proposed ordinances may be voted
upon at in the same election.; but the voter shall be allowed to vote for or against each separately. If
there is more than one proposed ordinance on the ballot in the same election, a voter must be
allowed to vote for or against each separately. In the case of inconsistency between two (2) or more
initiative ordinances to be approved by the voterselectorate, the ordinances shall may not go into
effect until the City Council has had sixty (60) days to resolve the inconsistencies.
Section 5.09. Initiation of Charter Amendments
The ways toProcedures to initiate amendments to this Charter are set forth in Minnesota
StatutesState law.
REFERENDUM
Section 5.10. The Referendum Petitions
If prior to the date when an ordinance takes effect a petition signed by at least fifteen per cent (15%)
of the total votes cast at the last state general election in the City request that any such ordinance be
repealed or be submitted to a vote of the electors, the ordinance shall thereby be prevented from
going into operation.
An ordinance will be void if prior to the effective date of the ordinance, 15% of the total votes cast at
the last General Election file a petition to request it be repealed or be submitted to a vote of the
electorate.
Section 5.11. Form of Referendum Petitions
Any five (5) registered voters may form a committee for the purpose of petitioning for a
referendum as provided in Section 5.03.01. Before circulating any petition, the committee shall
must file a copy of the proposed referendum petition and a copy of the ordinance proposed to
be repealed with the City Clerk along with the names and addresses of members of said
committee. The committee shall must attach a verified copy of the referendum and the ordinance
to be repealed to each of the signature papers herein described, along with their names and
addresses as sponsors thereof. A verified copy of the ordinance proposed to be repealed to the
referendum shall must be a copy to which the city clerkCity Clerk has affixed the words: ÑProposed
Ordinance on File. Fridley City Clerk _____, Date _____.Ò A referendum petition shall must read as
follows:
REFERENDUM PETITION
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Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which
ordinance is hereto attached. The proposed repeal is sponsored by the following committee of
registered voters:
Name (Please Print) Address (Please Print)
1.
2.
3.
4.
5.
The undersigned registered voters, understanding the nature of the ordinance hereto attached
and believing it to be detrimental to the welfare of the City, petition the Council for its submission
to the electorate for their approval or disapproval.
Name (Please Print) Birth Year Address (Please Print) Signature
At the end of each group of signatures papers shall be appended the affidavit of the circulator
mentioned in Section 5.03.03.Each signature page must have the affidavit of the circulator attached.
Section 5.12. Filing of Referendum Petitions
1. Referendum Petition Proposing Repeal of Charter Amendment
The requirements for the purposes of petitioning for a referendum repealing a charter
amendment are set forth in Minnesota State Statutes.
2. Referendum Petition Proposing Repeal of an Ordinance
Within ten (10) business days after the filing of the completed referendum petition, the City Clerk
shall must ascertain by examination the number of signatures appended thereto and whether
this the number is at least fifteen percent (15%) of the total number of votes cast at the last state
general electionGeneral Election in the City. If the City Clerk finds the petition insufficient or
irregular, the City Clerk shall must at once notify one (1) or more members of the petition
committee of that fact, stating the reasons for the insufficiency or irregularity. The committee
will have shall then be given ten (10) business days in which to file additional signature papers
and to correct the petition in all other particulars with the City Clerk. The calculation of the ten
business days begins on the date the letter is postmarked. If at the end of that period the petition
is found to be still insufficient or irregular, the petition shall must be filed in the City ClerkÔs office,
no further action shall will be taken, and the ordinance will becomebecomes effective
immediately or on the date specified. The City Clerk shall must notify one (1) or more members
of the petition committee of that fact.
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Section 5.13. Referendum Petitions,; Suspension of Effect of Ordinance
When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered
shall must be suspended from taking effect. Such suspension shall may terminate when:
1. There is a final determination of insufficiency of the petition; or
2. The petitionerÔs committee withdraws the petition; or
3. The council Council repeals the ordinance; or
4. Upon seven days after canvass of election is completed when a majority of those voting on
any such ordinance vote in favor of it.
Section 5.14. Action of the Council on Sufficient Referendum Petitions
If the referendum petition or amended referendum petition is found to be sufficient, the City Clerk
shall transmit the referendum petition to the Council at the next regular Council meeting. The Council
shall thereupon reconsider the ordinance and either repeal it or by aye and nay vote re-affirm its
adherence to the ordinance as passed. If the Council votes to reaffirm the ordinance by August 1st
of an even year, the question shall be placed on the next regular municipal election ballot. If
approved after August 1st of an even year, the Council shall immediately order a special election to
be held subject to Minnesota Election Law.
Section 5.15. Referendum Ballots
The ballots used in any referendum election shall must conform to the rules laid down in Section 5.08
of this Charter for initiative ballots.
RECALL
Section. 5.16. The Recall Petitions
Any five (5) registered voters may form a committee for the purpose of bringing about the recall of
any elected officer of the City as provided in Section 5.03.0103.
Before circulating any petition, the committee shall must file with the City Clerk a copy of a statement
naming the elected officer whose removal is sought, a statement of the grounds for removal in not
more than two hundred fifty (250) words, and their intention to bring about the recall with their
names and addresses as members of said the circulating committee. The statement of grounds for
removal of the elected officer must identify malfeasance or nonfeasance of conduct in the officer's
performance of official duties. Malfeasance constitutes an illegal or harmful act which an elected
official should not perform in an official capacity. Nonfeasance is the neglect or refusal to perform
official duties. The committee shall must also attach a verified copy of said statement to each of the
signature papers herein described, together with their names and addresses as sponsors thereof. A
verified copy of said statement shall must be a copy to which the city clerk shallCity Clerk must affix
the following words: "Proposed Recall Statement on File. Fridley City Clerk (Attest): ______ Date:_____.
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Section 5.17 Form of Recall Petitions
The petition for the recall ofRecall petitions for any elected official shall must consist of the
statement identical with that filed with the City Clerk together with all the signature papers and
affidavits thereto attached. Such petition shall may not be considered to be complete unless
signed by at least twenty five percent (25%) of the total number of votes cast in the last state
general election General Election in the Ward or City represented by the office holder. Each
signature paper shall must be in substantially the following form:
RECALL PETITION
Proposing the recall of _______________________ from office as ___________________ which recall is sought
for the reasons set forth in the attached statement. This movement is sponsored by the following
committee of registered voters:
Name Address
1.
2.
3.
4.
5.
The undersigned registered voters, understanding the nature of the charges against the officer herein
sought to be recalled, desire the holding of a recall election for that purpose.
Name Birth Year Address Signature
At the end of each group of signatures papers shall must be appended attached the affidavit of the
circulator mentioned in Section 5.03.0305.
Section. 5.18 Filing of Recall Petitions
Within thirty (30) business days after the filing of the original proposed petition, the committee shall
must file the completed petition in the Office ofwith the City Clerk. The City Clerk shall must examine
the petition within the next ten (10) business days., and if If the City Clerk finds it the petition irregular,
or finds that the number of signers is less than twenty-five percent (25%) of the total number of votes
cast at the last state general electionGeneral Election in the Ward or City represented by the office
holder, the City Clerk shall must at once notify one (1) or more members of the petition committee
advising the reasons for the insufficiency or irregularity. The committee shall then be givenmay have
ten (10) business days in which to file additional signature papers and to correct the petition in all
other respects, but they may not change the statement of the grounds upon which the recall is
sought. The calculation of the ten business days begins on the date the letter is postmarked. The
City Clerk shall will have five (5) business days to verify the sufficiency of the additional signature
papers or corrected petition. If at the end of that time the City Clerk finds the petition still insufficient
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or irregular, the City Clerk must notify at least one (1) or more of the members of the recall petition
committee shall be notified to that effect and the petition shall be filed in the City Clerk's office. No
further action shall may be taken thereon.
Section. 5.19. Recall Election Procedure
If the petition or amended petition is found sufficient, the City Clerk shall must transmit it to the
Council without delay, and shall also officially notify the person sought to be recalled of the
sufficiency of the petition and of the pending action. The Council shall at its next meeting, by
resolution, provide for the holding of a special recall election subject to Minnesota Election Law.At
its next regularly scheduled meeting, the Council must call for a special election, pursuant to State
law.
Section. 5.20. Procedure at Recall Election
The Clerk shall include with the published notice of the election the statement of the grounds for the
recall and also, in not more than five hundred (500) words, the answer of the elected officer
concerned in justification of his/her conduct in office. Candidates to succeed the officer to be recalled
shall be nominated in the usual way, and the election shall be conducted, as far as possible, in
accordance with the usual procedure in municipal elections.
The City Clerk must post notice of the election including grounds for the recall petition and response
of the elected officer concerned. Candidates to succeed the officer to be recalled may be nominated
in the usual way and an election must be conducted in accordance with State law.
Section 5.215.20. Form of Recall Ballot
1. If the officer sought to be recalled resigns within ten (10) business days after the receipt by the
Council of the completed recall petition, the Council shall must declare the office vacant and shall
then fill the vacancy for the unexpired term in accordance with the City Charter, Section 2.06.
2. If the officer sought to be recalled does not resign within ten (10) business days after the
receipt by the Council of the completed recall petition, the question to be placed on the ballot
at the recall election referenced in Section 5.19 of the Charter shallmust be: "Shall __________
be recalled?", the name of the officer whose recall is sought being inserted in the blank, and
those Those voting shall must be permitted to vote "Yes" or "No" upon this question. If a
majority of those voting on the question of recall vote in favor of recall (a majority voting
ÑYesÒ), the officer shall must be promptly removed from office. The Council shall must then
fill the vacancy for the unexpired term in accordance with the City Charter, Section 2.06. If a
majority of those voting on the question of recall vote against recall (a majority voting ÑNoÒ),
the officer shall will continue in office with no further action required.
Section 5.22. Instructions to Petitioners
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The City Clerk shall provide to every person circulating a petition for the initiation of an ordinance,
for the initiation of Charter amendments, for a referendum, or for the recall of an elected official,
written instructions delineating the correct and proper procedure for circulating the petition. The
instructions provided will clearly define falsification of a signature and false attestation of a signature
and will cite those ordinances, laws, or statutes relating to such acts.
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AGENDA REPORT
Meeting Date:March 18, 2024 Meeting Type: Charter Commission
Submitted By:Beth Kondrick, Deputy City Clerk
Title
ReviewBylaws
Background
Throughout 2022 and 2023, theCommission reviewed itsBylaws and discussed potential changes. On
February 6, 2023 the Commission unanimously approved a motion to approve the revised Bylaws
(attached).Chair Nelson asked staff to include this item in the agenda.
Recommendation
None.
Attachments and OtherResources
Charter CommissionBylaws
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Fridley Home Rule Charter Commission
Bylaws
Approved February 6, 2023
1. Name the name of the organization shall be the Fridley Home Rule Charter Commission
(Commission).
2. Mission To collaboratively evaluate and propose changes to the Fridley City Charter
(Charter) that reflect the importance of the Charter, to enable effective government
operations and reflects the values of the residents of Fridley.
3. Strategic Values
Strategic Value Attained Through
Collaboration 1.!Active communication with the City Council.
2.!Respecting differing opinions on matters and working to find
consensus.
3.!Continuous refinement and improvements to the Charter to
ensure it is a document which best serves the residents and
City government.
Stewardship 1.!Maintaining responsibility for the applicability and efficacy of
the Charter.
2.!Ensuring the directives of the Charter reflect the will of Fridley
residents.
Engagement 1.!Educating the residents of Fridley on the role of the City
Charter and Charter Commission.
2.!Participating in community events to listen and learn how
residents feel about certain issues.
3.!When Commission openings occur, actively recruit new
voices that reflect the changing demographics of Fridley.
4. Meetings
(a) Commission meetings will be held at Fridley City Hall or a designated public location
upon proper notice.
(b) The annual meeting of the Commission shall be held in March of each year. The
election of officers of the Commission shall take place at the annual meeting.
(c) Special meetings may be called by the Chair. In addition, the Chair shall call a special
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meeting within 10 days upon receipt of a written request signed by at least five members.
Such special meeting shall require proper notice to the commissioners and the public as
required by Minnesota Statutes Chapter 13D.
(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 Bylaws, all meetings shall be governed in accordance with
(Revised 2011).
(f) The meeting shall be called to order by the Chair. If there is not a quorum within 10
minutes after the time of the meeting is to commence, the Commission members shall
be dismissed by the Chair. However, if in the sole discretion of the Chair, there is
business that should be addressed, the Chair may require that the Commission members
stay up to an additional 10 minutes in order to see if a quorum can be met. If no quorum
is met within the additional 10-minute timeframe, the Chair shall dismiss the Commission
members.
5. Membership The membership of the Commission shall be 15 members.
(a) All Commission members shall be expected to attend all meetings and will inform the
Staff Liaison of their attendance.
(b) Any member missing three consecutive meetings without notifying the Liaison, or
failing to perform the duties of the office shall be subject to a discharge from the
Commission upon a written request to the District Court, supported by 2/3 of the
Commission members present and voting.
6. Officers
(a) Election of Officers
(1) The officers of the Commission shall consist of Chair, Vice Chair, and a Secretary.
(2) The Chair, Vice Chair, and Secretary shall be elected from the membership of the
Commission by the Commission members.
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(3) The Chair, Vice Chair, and Secretary shall be elected by the Commission at the
annual meeting. No officer of the Commission shall serve more than
two consecutive full terms in the same office.
(4) All officers shall begin their terms of office immediately upon election to that
office.
(5) Election to vacant offices shall be made from the floor at the next meeting of the
Commission following the meeting at which the vacancy is declared. Members of the
Commission who are elected to vacant offices shall serve until the next annual
meeting of the Commission.
(6) Officers of the Commission shall be declared duly elected by a simple majority
vote of those members of the Commission who are present and voting. Any
contested race for an office shall be done by a written ballot. The acting Chair will ask
for a committee of two Commission members to count the ballots. If at all possible,
the members of the committee shall not include members of the Commission who
are running for an officer position.
(b) Duties of Officers and Liaison
(1) The Chair shall have the following responsibilities to:
((a)) call all regular and special meetings;
((b)) preside at all meetings;
((e)) set the agenda;
((d)) implement the decisions of the Commission; and
((e)) 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 their duties, the Vice Chair shall discharge such
duties.
(3) The Secretary shall be responsible for presiding at meetings in the absence of the
Chair and Vice Chair.
(4) The Liaison shall be designated by the City Clerk and serve as the recording
secretary at all meetings of the Commission. The Liaison, with the direction of the
Secretary, will have the following responsibilities:
((a)) serve in an advisory capacity at all Commission meetings as a non-voting
member;
((b)) assist the Commission by providing research information as requested by
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Officers of the Commission;
((c)) prepare proposed Charter changes for submission to the City Council;
((d)) retain records of Commission proceedings as required by State law;
((e)) keep an accurate record of attendance;
((f)) recording of minutes at all meetings;
((g)) distributing notices of upcoming meetings, minutes, and agendas to
Commission members within a reasonable time;
((h)) giving notice to Commission members who have missed two consecutive
meetings pursuant to Section No. 4 (b) of the Bylaws; and
((i)) transmitting all correspondence and related resource material concerning the
Commission to the City Clerk for retention.
7. Committees
(a) The Chair shall have the power to create committees consisting of members of the
Commission, appoint members of the committees, and designate chairs of those
committees.
(b) In January of each year the Chair shall appoint a Nominating Committee of three or
more Commission members who shall nominate one or more candidates for each office
of the Commission. A written report of such nominations by the Nominating Committee
shall be transmitted electronically or by mail by the Liaison to each member at least 10
days before the annual meeting.
8. Voting
(a) A majority vote of Commission members present at a Commission meeting shall be
sufficient to pass motions and resolutions except as provided elsewhere.
(b) There shall be no secret votes.
9. Order of Business The Commission shall follow the following order of business at its
meetings:
(a) Call to Order by the Chair
(b) Roll Call
(c) Approval of the Agenda
(d) Approval of the Minutes
(e) Administrative Matters
(f) Old Business
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(g) New Business
(h) Future Meeting Topics
(i) Adjournment.
10. Amendment of Bylaws
These Bylaws can be amended at any regular meeting of the Commission by 2/3 vote of
those present, provided that the contemplated amendment has been properly noticed
in writing electronically or by mail to all Commission members.
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AGENDA REPORT
Meeting Date:March 18, 2024 Meeting Type: Charter Commission
Submitted By:Beth Kondrick, Deputy City Clerk
Title
Future Meeting Topics
Background
Future meeting topicsrequested by commissioners:
Review of Chapter 10
Topics to be discussed with Joint City Council meeting
Recommendation
None.
Attachments and Other Resources
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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