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CHM 04/04/2011 - 29999CITY OF FRIDLEY CHARTER COMMISSION MEETING MINUTES April 4, 2011 CALL TO ORDER: Chairperson Soule called the Charter Commission meeting to order at 7:O1p.m. ROLL CALL: Members Present: Peter Borman, Gary Braam, Marion Flickinger, Ted Kranz, Rick Nelson, Pam Reynolds, Noel Ryan, Lois Scholzen, Keith Shaw, Cynthia Soule Members Absent: Donald Findell, Carol Hoiby, William Holm, Nancy Jorgenson, Leslie Plummer, Others Present: Deb Skogen, City Clerk/Staff Liaison Cindy Ruschy Staff Liaison APPROVAL OF AGENDA Commissioner Borman MOVED and Commissioner Braam seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Braam MOVED and Commissioner Ryan seconded a motion approving the Charter Commission meeting minutes of March 7, 2011 as amended to read that Pam Reynolds was absent from the March meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SOULE DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS Election of Officers Chairperson Soule called for nominations from the floor; being no additional nominations, the nominations were closed. Commissioner Kranz MOVED and Commissioner Reynolds seconded a motion to approve new officers as originally nominated. The new Charter Commission Officers are: Commissioner Braam, Chair Commissioner Ryan, Vice Chair Commissioner Borman, Secretary New Chairperson Braam, then continued with the business of the meeting. Commission Terms City Clerk Deb Skogen sent a letter to the Chief Judge of Anoka County District Court for reappointments of four year terms for the following Charter Commissioners. Peter Borman Carol Hoiby William Holm Pam Reynolds Commissioner Soule handed the meeting over to the new Chairperson, Commissioner Braam. DISCUSSION OF CHAPTER 2 Ms. Skogen said the changes made at the last meeting were shown on the last page of the agenda. She said she prepared a memo to the City Manager outlining the changes to forward to the City Council. The City Manager would prefer to forward it to the City Council with a staff recommendation. She suggested the Charter Commission might want to have a joint Charter Commission/City Council meeting to discuss the changes to Chapter 2 and why you made them. Commissioner Kranz said he left, but expressed his concern that the appointee could not run for the same office, even if the appointee was a good fit or did a good job, because they would get an unfair advantage of being an incumbent even though they did not run for office. The question came up as to whether or not the term incumbent could be used on an individual that was appointed if they ran for election. Commissioner Flickinger agreed with Commissioner Kranz and felt that if an appointee was doing a good job, they should be able to file to run for office. He wondered if an incumbent really had an advantage and the Commissioners appeared to all agree that it did provide an advantage. Commissioner Nelson said if the Council appointed an individual that would sway the vote one way or another, he felt that would be a disservice to the Community and that was why the Commission agreed that it would be better if the appointee could not run for election after their term. He said if he were appointed and enjoyed it and were an asset to the Community and would like to continue it, but felt it was a choice an individual would make if they took the appointment. Commissioner Reynolds wondered if the Commission had the right to take away someone's individual right of running for office by not allowing an appointee to run for office after the term expired. Chairperson Braam wondered if a write in campaign could be conducted to get the appointee elected. Ms Skogen felt the language was silent about a write -in. She said it was election day and voters would have to write a name on a ballot, the individual appointee would not have control over that issue. Commissioner Flickinger felt if incumbency pulled that much weight, it makes perfect sense not to have an appointee eligible to run. Commissioner Soule said they were not taking away their right to run for another office, they just could not run for the office they had been appointed to. Commissioner Nelson felt it was important that the Council have the ability to discuss the issue with the Charter Commission as they have worked hard on this issue over many months. Ms. Skogen said she brought the issue before the Commission due to the changes in State Law defining when a special election could or could not be held, and during an even year, you cannot hold a special election between May and December which is about 8 months out of the year, and what happens during that time if a seat becomes vacant? Who would represent those voters? She said you might also change the charter removing the primary if more than two individuals filed for office to get someone on the November ballot, but the vacancy would have to occur no later than mid August. FRIDLEY CHARTER COMMISSION MINUTES OF APRIL 4, 2011 PAGE 3 Commissioner Nelson said they were also looking at trying to help the City save money, because for each special election, all 13 precincts have to be open. Commissioner Ryan MOVED and Commissioner Borman seconded a motion to hold a joint meeting with the City Council on May 16th after the Commissioner Survey presentation is over. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED UNANIMOUSLY. Commissioner Borman wondered if a primary was necessary if two or more candidates filed for the office. He wondered if a vacancy occurred after June 1st, and they make an appointment, and declare a special election for November, would there be a primary election. Ms Skogen referred to Chapter 4, Section 4.04. which stated special elections for vacancies would be held in accordance with Section 2.06, and with the changes, you would make an appointment, not declare a special election. If there were no changes, a vacancy would be declared and filings would have to take place the end of July to be placed on the November ballot and there would not be a primary election. Chairperson Braam wondered what the logic of having a primary election was. Ms. Skogen said the way the charter is written, our charter requires a primary election for regular elections and a primary for a special election. She said the current changes would remove that clause as an appointment would not require a special election, except where the council is reduced to less than three members, which appears not to require a primary election. There was a discussion to update the Charter books over the summer. Deb Skogen reviewed the dates of each chapter for Commissioners to determine whether they have the most recent changes. Some time over the summer Ms. Ruschy will up date the Commissions books if they leave them over the summer. DISCUSSION OF FUTURE AGENDA ITEMS Prepare outline for discussion of Chapter 2 for meeting with the Council on May 16"'. The list of what other cities have done with their vacancies will be available for use and calendar. Memo to Bill Burns as to what we were doing with charter and recommendation to council. ADJOURNMENT: Commissioner Kranz MOVED and Commissioner Ryan seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 7:50 P.M. Respectfully submitted, Cynthia Ruschy Staff Liaison Peter Borman, Secretary