10-07-2024
Charter Commission Meeting
October 07, 2024
7:00 PM
Fridley Civic Campus, 7071 University Ave N.E.
Agenda
Pursuant to Minnesota Statute § 13.02 the October 7, 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/86487077785?pwd=5MWISkaMM8FF5PV3nmBxMnvgZa5u7B.1
Meeting ID: 864 8707 7785 Passcode: 186833. Call in: 312-626-6799.
Call to Order
Roll Call
Approval of Agenda
Approval of Meeting Minutes
1.Approval of September 10, 2024 Charter Commission Meeting Minutes
Administrative Matters
2.2025 Charter Commission Meeting Dates
3.2024 Annual Report
4.Resignation of Kelli Brillhart
Old Business
5.Chapters 5 Review
New Business
Future Meeting Topics/Communications
6.Future Meeting Topics
Adjournment
Accessibility Notice:
If you need free interpretation or translation assistance, please contact City staff.
Si necesita ayuda de interpretación o traducción gratis, comuníquese con elpersonal de la ciudad.
Yog tias koj xav tau kev pab txhais lus los sis txhais ntaub ntawv dawb, ces thov tiv tauj rau Lub Nroog cov
neeg ua hauj lwm.
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Charter Commission Meeting 10/7/2024 Agenda Page 2
Haddii aad u baahan tahay tarjumaad bilaash ah ama kaalmo tarjumaad, fadlan la xiriir shaqaalaha
Magaalada.
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 CityClerk@FridleyMN.gov or (763) 572-3450.
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AGENDA REPORT
Meeting Date:October 7, 2024 Meeting Type: Charter Commission
Submitted By:Beth Kondrick, Deputy City Clerk
Title
Approval of September 10, 2024 Charter Commission Meeting Minutes
Background
Attached are the minutes fromSeptember 10, 2024
Recommendation
Staff recommend the approval of theSeptember 10, 2024Charter Commission Meeting Minutes.
Attachments and Other Resources
September 10, 2024Charter 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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Charter CommissionMeeting
September 10, 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
Mohammed Barre
Donald Findell
Greg Gardner
Clifford Johnson
Nikki Karnopp
Ted Kranz
Dave Linton
Audrey Nelson
Rick Nelson
Pam Reynolds
Valerie Rolstad
Doug Schmitz
Kathy Smith
Absent
Kelli Brillhart
Steven Kisner
Others Present
Melissa Moore, City Clerk/Communications Manager
Beth Kondrick, Deputy City Clerk
Dave Ostwald, City Council
Approval of Agenda
Motion to approve the agenda by Commissioner Rolstad, seconded by CommissionerReynolds.
Upon a voicecallvote, all voting aye, Chair Nelson declared the motion carried unanimously.
Approval of Meeting Minutes
1.Approval ofMay 20, 2024, Charter Commission Meeting Minutes
Commissioner Reynoldsmade a motion to approve the May 20, 2024meeting minuteswith correction
to attendance, stating she was present. Seconded by Commissioner Johnson.
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Charter Commission 09-10-2024 Minutes Page 2
Upon a voice call vote, all voting aye, Chair Nelson declared the motion carried unanimously.
Administrative Matters
2. Updated Member List
Ms. Kondrick informed the Commission that an updated member list has been provided to reflect the
addition of two new members.
3. 2025 Meeting Calendar
Ms. Moore shared the draft City calendar that includes City Council meetings, Advisory Commission
meetings and City Holidays. The Commission was advised to use this calendar as a tool in selecting
2025 meeting dates that will be added to this official calendar. The Commission discussed dates and
have selected January 13, February 3, March 3, April 7, May 5, September 2, October 6 and November 8
for 2025. April 7 has been proposed as the Joint meeting with the City Council. Ms. Moore will ask the
City Manager if April 7 will work for the City Council.
Old Business
4. Chapter 5 Review
The Commission continued to review Chapter 5 for updates. A question was posed on section 5.03.1
asking about monetary rewards and if an opposing group to the petition would need to follow the same
standards. Ms. Moore will pose this question to the City Attorney.
Discussion on section 5.03.2 and upping the required dollar amount from $200 to $1000. Motion to
change to $1000 by Commissioner Rolstad. Seconded by Commissioner Johnson.
Upon a voice call vote, all voting aye, Chair Nelson declared the motion carried unanimously.
A question was raised about section 5.03.9 and what the written instructions are. Ms. Moore will craft a
sentence that clarifies that the petitioner will sign a form stating that they read and understand the written
instructions.
Discussion was held on adding language to the definitions to clarify who is who with petitions such as
petitioner, circulator, etc.
Motion to table the rest of Chapter 5 to the next meeting by Commissioner Karnopp. Seconded by
Commissioner Barre.
Upon a voice call vote, all voting aye, Chair Nelson declared the motion carried unanimously.
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Charter Commission 09-10-2024 Minutes Page 3
New Business
5. 2024 Legislative Update
Ms. Moore provided information regarding the 2024 Legislative Update that was given to Cities by the
League of MN Cities. City Management Danielle
In short, Staff determined that none of the legislative changes appear to directly require amendments to
the Charter at this time.
Future Meeting Topics/Communications
6. Future Meeting Topics
Chapter 5, starting on section 5.03.9
2025 Calendar Approval
Adjournment
Motion by Commissioner Karnopp to adjourn the meeting. Seconded by Commissioner Rolstad. Upon a
voice call vote, all voting aye, Chair Nelson declared the motion carried unanimously. The meeting
adjourned at 7:59 p.m.
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AGENDA REPORT
Meeting Date:October 7, 2024 Meeting Type: Charter Commission
Submitted By:Beth Kondrick, Deputy City Clerk
Title
2025Charter Commission Meeting Dates
Background
At the September 10, 2024,Charter Commission Meeting, the Commission discussed meeting dates for
the 2025 calendar year.
Attached is the City Calendar for 2025 with all City Council and Commissions meeting dates.
Recommendation
Staff recommend the Commissionapprovemeeting dates for2025.
Attachments and Other Resources
2025 City of Fridley Calendar
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:October 7, 20234 Meeting Type:Charter Commission
Submitted By:Beth Kondrick, Deputy City Clerk
Title
2024Annual Report
Background
Pursuant to Minnesota Statute § 410.05 Subd. 2, Chief Judge of the
District Court, on or before December 31 of each year, an annual report outlining its activities and
Attached is a draft letter outlining work done in 2024
by the Charter Commission.
Recommendation
Staff recommend the Commission review the Annual Report, provide any direction on revisions, and
make a motion to approve.
Attachments and Other Resources
2024Annual Report
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Fridley Civic Campus
October 8, 2024
Honorable Stoney Hiljus
Tenth Judicial District
Kanabec County Courthouse
18 North Vine Street, Suite 318
Mora, MN 55051
Re:Fridley Charter Commission 2024Annual Report
Dear Honorable Judge Hiljus,
Pursuant to Minnesota Statute § 410.05 Subd. 2, please accept this 2024Annual Report of the Fridley
Charter Commission (Commission).
The Commission met on the following dates in 2024: January 9, February 5, March 18,April 29,May 20,
September 10 and October 7.
At its Annual Meeting the Commission held its election of officers and selected the following members
to serve as its officers: Rick Nelsonas Chair, Clifford Johnsonas Vice Chair and Audrey Nelsonas
Secretary.
In 2024 the Commission:
Conducted interviews and recommended Commissioners Audrey Nelson, Clifford Johnson,
Kathy Smithand Douglas Schmitzfor appointment to the Commission;
Participated in training led by the League of Minnesota Cities;
Held a joint meeting with the Fridley City Council;
Approved the
Began work on updating the Initiative, Referendum and Recall Chapter of the City Charter.
If you have any questions or comments, please contact me.
Respectfully submitted,
Melissa Moore
Staff Liaison, Fridley Charter Commission
City Clerk/Communications Manager
763-572-3523, melissa.moore@fridleymn.gov
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7071 University Ave N.E. Fridley, MN 55432 763-571-3450 FAX: 763-571-1287 FridleyMN.gov
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AGENDA REPORT
Meeting Date:October 7, 2024 Meeting Type: Charter Commission
Submitted By:Melissa Moore, City Clerk/Communications Manager
Title
Resignation of Kelli Brillhart
Background
Chair Brillharthas submitted aresignation from the Charter Commission (attached).
Recommendation
Staff recommend a motion to accept the resignation of Commissioner Brillhart. Staff recommend the
Commission direct staff to advertise an opening on the Commission and call for applications.
Attachments and Other Resources
Kelli BrillhartResignation Letter
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for familiesand businesses.
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From:Kelli Brillhart
To:Kondrick, Beth; Moore, Melissa
Cc:Richard Nelson
Subject:Re: Charter Commission Agenda Packet October 7. 2024
Date:Wednesday, October 02, 2024 5:00:11 PM
Attachments:image001.png
Beth and Melissa,
I am writing to let you know that I would like to resign from the Charter Commission effective
immediately. While I have enjoyed my time on the commission and the work we do my life
has changed recently and I no longer have the time and flexibility to attend meetings.
I would come in person to present this but I will be traveling for work and out of state on
October 7. Please let me know if you need anything further or more formal for my
resignation. I am also copying the chair for an FYI.
Thank you all.
Kelli Brillhart
830 W Moore Lake Drive NE
Fridley, MN 55432
Cell 651-247-6084
On Tue, Oct 1, 2024 at 9:35AM Kondrick, Beth <Beth.Kondrick@fridleymn.gov> wrote:
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AGENDA REPORT
Meeting Date:October 7,2024 Meeting Type: Charter Commission
Submitted By:Melissa Moore,City Clerk/Communications Manager
Title
Chapters 5 Review
Background
At its February and Marchmeetingsthe Charter Commission directed staff to draft further revisions
toChapter 5. At the March meeting the
Commission began working on Section 5.03 and then made a motion to table further review until this
meeting.
Revisions to Chapter 5 draft
revisions based on Statute and updated writing styles.
Revisions to the draft directed from the September 10 meeting that are now in the draft include:
Definition of petitioner was added.
Definition of circulator was added.
Definition of committee was added.
In Section 5.03 changed the allowed expense amount to $1,000.
Staff recommend removing part nine of Section 5.03because it could be misconstrued that
theCity will be providing legal advice, or advice in general,to a committee. Rather,staff have
created the City Petition Guide (attached),as a tool
requirements for the general public. It is in no way an exhaustive explanation of all
requirements, yet a jumping off point for those interested in learning more.
Opposition to initiatives
The Commission asked staff to inquire with the City Attorney regarding parts one and two of Section
5.03 if those regulations that apply to a committee would also apply to groups who may oppose an
initiative. The City Attorney advised that a group in opposition to an initiative would not be unless
they are creating an initiative themselves to promulgate an ordinance or recall and elected official, as
is laid out in Section 5.01.
Financial reporting
The Commission also asked staff for more information on campaign finance filings. Attached is the
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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candidate who receives contributions or makes disbursements of more than $750 in a calendar year
or makes disbursements of more than $750.
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
City Petition Guide
Campaign Financial Report
Vision Statement
We believe Fridley will be a safe, 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
Circulator: a person who presents a petition to others for signature.
City Charter, Charter: The City of FridleyÔs (City) local constitution.
Committee: A group of five registered voters who sponsor a proposed initiative.
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).
Petitioner: a person who initiates a petition.
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;
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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.
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 $1,000. 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 with
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.
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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:
(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, the City Clerk 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
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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.
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
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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
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
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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
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
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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
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
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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.
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
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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:_____.
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
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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
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 5.21.5.20 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
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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
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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CITY PETITION GUIDE
Purpose
Pursuant to the State Constitution, Minnesota Statutes and the Fridley City Charter(Charter), the people of
the City of Fridley (City) have the power to initiate a petition for initiatives, referendums and recalls. To
exercise these rights the Charter requires the use of a petition. This guide outlines the process and provides
template forms anyone circulating a petition may use.
The information in this guide should not be construed as legal advice on the matter of petitions.There are
different requirements applicable to other petition processes which are governed by State law, which are
not addressed in this guide.
Definitions
Initiative:a proposed ordinance.
Petition: a formal written requestto the Fridley City Council (Council)describinga proposed initiativeand
signed by supportingresidents.
Recall:a proposed initiative to removean elected official from office.
Referendum:a proposed initiativethat seeks to prevent an existing law from taking effect.
Process
Anyone using this guide or anyone who plans to submit a petition shouldcarefully read through the
Initiative, Referendum and Recall Chapter of the Charter.The Chapter provides much more detail on the
requirements for a properly submitted petition. The remainder of this guide provides a high-leveloverview
of this process, but it is not exhaustive.
Committee
Any five registered voters may formacommittee for a petition. Before circulatinga petition, the committee
must file a copy of the proposed ordinance with the City Clerk along with the names and addresses of
members of the committee. A sample Committee Member Form is attached.
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Regulations
Committees should carefully consider the regulations laid out in the Charter pertaining to prohibited
actions and required activities for a properly submitted petition.
Timeline
Detailed below is an overview of a petition for an initiative. Generally, it is similar to timelines for recalls
and referendums, but some differences do exist. Please refer to the Charter for more details.
Template Petition
This guide includes a template petition committees may choose to use for an initiative. It is not required
to use this form. It is provided by the City as a tool that incorporates the requirements for petitions
established by the Charter.
Submission
All petitions must be filed with the City Clerk, who will verify the documented information and signatures
submitted. If the City Clerk finds any information provided has been falsely attested to, the City Clerk will
notify the proper authorities.
Questions
If you have questions about the information shared in this Policy, please email CityClerk@FridleyMN.gov.
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COMMITTEE MEMBERFORM
We, the following registered voters have formed a committee to proposean initiative in the City of Fridley. The proposed initiative is sponsored by
the five committee members listed below.All information must be filled in by each committee member signing.
The data provided on this form will be used by the City to verify the validity of a petition. This data may be subject to disclosure in accordance with
the Minnesota Government Data Practices Act.
Date of SignatureNameAddressBirth yearPhoneEmail
signature
1.
2.
3.
4.
5.
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PETITIONFORM
Pursuant to the State Constitution, Minnesota Statutes and the Fridley City Charterthe purpose of this petition is to__________________________________
______________________________________________________________________________________________________________(ordinance must be attached). The undersigned registered
voterspetition the Fridley City Council for its adoption. All information must be filled in by the person signing the petition. The data provided on this form will be
used by the City to verifythe validityof a petition. This data may be subject to disclosure in accordance with the Minnesota Government Data Practices Act.
No.Date of signatureSignatureNameAddressBirth year
Notarized Affidavit
(Name of Petition Circulator)__________________________________, (address) ___________________________________________, being duly sworn, deposes and says that they, and theyonly,
personally circulated the foregoing paper, that all the signatures appended thereto were made in theirpresence, and that theybelievethem to be the genuine signatures of the
persons whose names they purport to be.
State of Minnesota }Signed ______________________________Subscribed, sworn to, and acknowledged before _______________________________
County of Anoka}(Signature of Circulator)me this _______ day of ___________________________, Notary Public Signature
20_________, by:
Page ___ of ___
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(All of the information in this report is public information)
Name of candidate, committee or corporation _____________________________________________________________
Office sought or ballot question ________________________________________ District __________________________
Type of _______________ Candidate report Period of time covered by report:
report _______________ Campaign committee report
_______________ Association or corporation report
from __________ to __________
_______________ Final report
CONTRIBUTIONS RECEIVED
Give the total for all contributions received during the period of time covered by this report. Contributions should be listed by type
(money or in-kind) rather than contributor. See note on contribution limits on the back of this form. Use a separate sheet to itemize all
contributions from a single source that exceeded $100 during the calendar year. This itemization must include name, address, employer
or occupation if self-employed, amount and date for these contributions.
CASH TOTAL CASH-ON-HAND $ _______________
$ ________________
+
IN-KIND
$ ________________
TOTAL AMOUNT RECEIVED
=
$ _______________
DISBURSEMENTS
Include the amount, date and purpose for all disbursements made during the period of time covered by report.
Attach additional sheets if necessary.
DatePurposeAmount
TOTAL
CORPORATE PROJECT EXPENDITURES
Corporations must list any media project or corporate message project for which contribution(s) or expenditure(s) total
more than $200. Submit a separate report for each project. Attach additional sheets if necessary.
Project title or description ____________________________________________________________________________
DatePurposeName and AddressExpenditure or
of RecipientContribution
Amount
TOTAL
I certify that this is a full and true statement. ______________________________________________________________
Signature Date
Printed Name ____________________________ Telephone__________________ Email (if available)________________
Address ___________________________________________________________________________________________
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INSTRUCTIONS
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(Reference: Minnesota Statutes, Chapters 211A and 211B)
This CAMPAIGN FINANCIAL REPORT is for use by candidates and committees for county, municipal, school district and special
district office who receive contributions or make disbursements of more than $750 in a calendar year; committees or corporations
spending more than $750 for or against a ballot question in a calendar year; and corporations spending more than $200 on
activities to encourage participation in precinct caucuses, voter registration or voting.
Where to file this report:
Hospital Districts The municipal (city or town) clerk same place where filed affidavit of candidacy
Park Districts The county auditor or municipal clerk same place where filed affidavit of candidacy
School Districts School district clerk
Townships Town clerk
Cities City clerk
Soil & Water Conservation Districts County auditor
Counties County auditor
Candidate or committee report: The initial report must be filed within 14 days after the candidate or committee receives contributions
or makes disbursements of more than $750 in a calendar year. Subsequent reports must be filed.
During an Election Year - An election year is any year or a question appears on the ballot.
In such a year (if an initial report has been filed) reports are required to be filed:
10 days before the primary or special primary30 days after a general election or special election
10 days before the general election or special electionBy January 31 of each year following the year when the initial report was
filed.
During a non-election year - By January 31 of each year following the year when the initial report was filed.
Once a final report* is filed, no further subsequent reports are required to be filed.
CONTRIBUTIONS: Means anything of monetary value that is given or loaned to a candidate or committee for a political purpose.
Each candidate or committee must list the
total amount of cash-on-hand designated to be used for political purposes as of the close of the reporting period.
CONTRIBUTION LIMITS:
contributions in excess of $600 in an election year or in excess of $250 in a non-election year made or delivered by an individual or
committee. However, candidates seeking election from districts with a population in excess of 100,000 may not accept aggregate
contributions in excess of $1,000 in an election year and $250 in a non-election year.
BALLOT QUESTIONS: Any political committee, association or corporation that makes a contribution or expenditure to promote or defeat
a ballot question as defined in Minnesota Statutes, section 211A.01 shall file reports with the filing officer responsible for placing the
question on the ballot. Reports must be filed within 14 days of receiving contributions or making disbursements of more than $750 in one
calendar year, using the same schedule as above.
CONGRESSIONAL CANDIDATES: Candidates for election to the United States House of Representatives and Senate and any committee
raising funds exclusively on behalf of any one of those candidates may file copies of the reports required by federal law in lieu of those
required by Minnesota Statutes Chapter 211A.
CORPORATE ACTIVITIES TO ENCOURAGE PARTICIPATION: Corporations may contribute to or conduct public media projects to encourage
individuals to attend precinct caucuses, register or vote if the projects are not controlled by or operated for the advantage of a candidate,
political party or committee. The total amount of expenditures or contributions for any one project greater than $200, together with the
date, purpose and the names and addresses of the persons receiving the contribution or expenditures must be reported. Reports must be
filed with the Secretary of State, Building, St. Paul, MN 55155, using the same schedule as above.
*FINAL REPORT: A final report may be filed any time after the candidate, committee or corporation has settled all debts and disposed of
PROHIBITED TRANSFERS: Candidates for county, municipal, school district or special district offices may not accept contributions from
the principal campaign committees of any candidate for legislative, judicial or state constitutional office. In addition, a candidate may not
make contributions to the principal campaign committee of any candidate for legislative, judicial or state constitutional office unless the
STATE CANDIDATES: Candidates and committees for state constitutional offices, the state legislature, supreme court, court of appeals,
district court and committees for state constitutional amendments are governed by Minnesota Statutes Chapter 10A. Contact the State
Campaign Finance and Public Disclosure Board for further information at (651) 539-1180.
Note: The filing officer must restrict public access to the address of any individual who has made a contribution that exceeds $100 and
who has filed with the filing officer a written statement signed by the in
Updated /204
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AGENDA REPORT
Meeting Date:September 10, 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 5
2025 Calendar
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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