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CHM 05/16/2011 - 30000CITY OF FRIDLEY JOINT CHARTER COMMISSION AND CITY COUNCIL CONFERENCE MEETING MAY 16, 2011 CALL TO ORDER: Chairperson Braam called the meeting to order at 7:45 p.m. ROLL CALL: Members Present: Peter Borman, Gary Braam, Don Findell, Carol Hoiby, Bill Holm, Nancy Jorgenson, Ted Kranz, Rick Nelson, Pam Reynolds Members Absent: Ted Flickinger, Leslie Plummer, Noel Ryan, Keith Shaw, Lois Schultz, Cindy Soule Others Present: Mayor Scott Lund, Councilmember -at -Large Bob Barnette, Councilmember Ward 1 Jim Saefke, Councilmember Ward 2 Dolores Varichak and Councilmember Ward 3 Ann Bolkcom City Manager Bill Burns Finance Director Darin Nelson Deb Skogen, City Clerk/Staff Liaison City Ruschy, Staff Liaison DISCUSSION OF PROPOSED AMENDMENT TO CHAPTER 2 - PERTAINING TO VACANCIES Deb Skogen presented a power point about the history of the amendment. The meeting was opened up for discussion. Commissioner Jorgenson said while she was on the City Council, a councilman had dementia and would not resign. The Charter did not allow them to appoint an individual to take his place. The Councilman died and they held a special election to fill the vacancy until the neat regular election. Councilmember Bolkcom was elected during the special election in January and then ran again the fall. She was concerned you would be taking away their rights if the individual appointed could not run at the end of the term. She suggested obtaining a legal opinion on this issue. Commissioner Borman said the Commission wondered whether an appointee could have an advantage when filing for office by using the term incumbent. Deb Skogen said, the individual was not elected to the position, therefore could not use the term incumbent and would not have an advantage on the ballot. However, they could put information in their literature about being appointed and served on the City Council. Commission Nelson said a contract could be pushed through or delayed during a vacancy depending on who the replacement might be. He has seen that happen in many small towns. He felt after going through the Council/Commissioner Survey that due to the state of the budget he would rather see an individual appointed rather than spending the money on a special election. Commissioner Findell suggested changing the language allowing for an appointment but that a special elections would be needed in November, whether it was an odd or even year. Commissioner Holm felt the term of the appointee should be limited. He was interested in how the City Councilmembers felt about the appointment process, having special elections in November or not allowing appointees to run after their term is over. CHARTER COMMISSION /CITY COUNCIL MEETING OF MAY 16, 2011 PAGE 2 Councilmembers Barnette, Lund and Bolkcom all felt strongly that the appointee should be able to file and run for the office at the end of their appointed term. They all agreed the Councilmember -at -Large should be appointed to fill the Mayor's term. (I'm not sure though if there was agreement as to serving until the end of the Mayor's term or until a the neat regular municipal election could be held.) Councilmember Barnette felt that the appointee should be allowed to run. He felt the City might lose out on their experience if they could not run. Commissioner Borman said there was a lot of discussion on this issue, because of the advantage an appointed individual would have if they could run for office. He said he would see both sides of the issue and was very interested in how the Council felt. Councilmember Bolkcom said an individual that might be appointed would most likely be someone serving on a Commission. Commissioner Jorgenson said in the past they were hoping to appoint an individual from the Planning Commission, but couldn't because the Charter didn't allow for an appointment. Commissioner Reynolds said the current language talked about what would happen during the fourth year of a term, but did not say what would happen in the other terms. She had research charters state -wide and found the majority of them allowed for a method to fill a vacancy by appointment, but our charter did not. She said most of them allowed an appointee to fill the term until the next general election. She said if a special election were held in an odd year and then again the following year, most people would wonder why there are two elections so close together for the same thing. She said if there was an appointment, she would like to see the ability of that individual to file and run for the office at the end of their appointed term. Commissioner Nelson agreed the appointee should be able to run, He would like to see the appointee serve until the next regular election. Councilmember Saefke felt an appointee should be able to file and run for the office. He felt after doing the job, the individual would have experience. He said if the voters watch the city council meetings on cable, they could see the individual and action. He said he would like to see something about November or the 365 day rule other cities use. Mayor Scott Lund agreed and felt the Commission should make the determination about when a special election might be held. Rick Nelson was concerned that after all the hard work, the Council wanted to change everything and suggested they prepare an amendment the Commission could review. The Councilmembers felt the Charter Commission had done a good job and agreed with most of the amendment. They would like to see the appointee be able to run for election at the end of the term. They suggested the Commission review the suggested changes and send them back to the Council for their review. The next meeting of the Charter Commission will be October 3rd. ADJOURNMENT: The meeting was adjourned at 8:50 p.m. Respectfully submitted, Debra A. Skogen, City Clerk/Staff Liaison CHARTER COMMISSION /CITY COUNCIL MEETING OF MAY 16, 2011 PAGE 3 Peter Borman, Secretary