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Resolution No. 2023-136, Scheduling a Public Hearing on November 27, 2023, on a Proposed Amendment to the Fridley City Charter, Chapter 4, Nominations and Elections Resolution No. 2023-136 Scheduling a Public Hearing on November 27, 2023 on a Proposed Amendment to the Fridley City Charter Chapter 4, Nominations and Elections Whereas, pursuant to Minnesota Statute § 410.12, Subd. 7, the Fridley City Council may amend the City Charter by ordinance upon recommendation of the Charter Commission; and Whereas, the Charter Commission reviewed, discussed and recommended an amendment by ordinance to Chapter 4, Nominations and Elections, on November 6, 2023; and Whereas, within one month of receiving a recommendation to amend the Charter by ordinance, the City must publish Notice of a Public Hearing (Notice) on the proposal; and Whereas, the Notice must contain the text of the recommended amendment (Exhibit A). Now, therefore be it resolved, that the City Council of the City of Fridley hereby schedules a public hearing for November 27, 2023 in the Council Chambers of the Fridley Civic Campus, 7071 University Avenue NE, Fridley, Minnesota at 7:00 p.m. to consider an amendment to the Fridley City Charter Chapter 4, Nominations and Elections. Be it further resolved, that the City Council directs the City Clerk to publish the text of the recommended ordinance, as shown in Exhibit A, in full at least two weeks but not more than one month before the Public Hearing, in the Official Publication. th Passed and adopted by the City Council of the City of Fridley this 13 day of November, 2023. _______________________________________ Scott J. Lund – Mayor Attest: _____________________________________ Melissa Moore – City Clerk Resolution No. 2023-136 Exhibit A City of Fridley (Legal Notice) Public Hearing Notice Before the City Council on Proposed Amendment to Fridley City Charter Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Civic Campus, 7071 University Avenue NE, Fridley, Minnesota, on November 27, 2023 at 7:00 p.m. for the purpose of conducting a public hearing on the following amendment to the City Charter: Ordinance No. 1417 Amending the Nominations and Elections Chapter of the Fridley City Charter The Fridley City Charter Commission has completed its review of Fridley City Charter Chapter 4 and has recommended an amendment of the City Charter by Ordinance to the City Council on November 6, 2023. The Fridley City Council hereby finds after review, examination and recommendation of the Charter Commission that the Fridley City Charter should be hereby amended and the City of Fridley does ordain: Fridley City Charter Chapter 4. Nominations and Elections Section 4.01. General Election Laws to Apply Except as hereinafter provided, the general laws of the State of Minnesota pertaining to registration of eligible voters and the conduct of primary and general elections shall will apply for all municipal elections of such officers office as are specified in this Charter. The Council shallwill, through ordinances duly adopted in compliance with such state lawsMinnesota Statute (M.S.) and this Charter, adopt suitable and necessary regulations for the conduct of such elections. Section 4.02. Regular Municipal Elections On the first Tuesday after the first Monday in November, municipal general elections shall must be held, at such place or places as the City Council may designate by resolution. General municipal elections shall must be held every even numbered year. The Council may divide the City into as many voting precincts as it may from time to time deem necessary. Each ward shall will constitute at least one (1) voting precinct and no precinct shall may be in more than one (1) ward. At least fifteen (15)14 days' notice shall must be given by the City Clerk of the time and places of holding such election, and of the officers offices to be elected, by posting a notice thereofNotice of Election in at least one (1)public place in each voting precinct and by publishing a notice thereofa Notice of Election at least once in the official newspaperOfficial Publication of the City., but failure Failure to give such notice shall will not invalidate such election. tion 4.03. Primary Elections Sec There shall must be a primary election, on the date established by Minnesota State LawM.S., for the selection of two (2) nominees for each elective office at the regular municipal election, unless only two (2) nominees file for each elective office. Primary municipal elections shall be held every even numbered year, if necessary. Section 4.04. Special Elections The Council may by resolution order a special election, fix the time of holding the same, and provide all means for holding such special election, provided that a Notice of Election was published in the Official Publication three (3) weeks' published notice shall be given ofprior to said special election. The procedure at such elections shall must conform with all election regulations established in M.S. as nearly as possible to that herein provided for other municipal elections and Minnesota Election Laws. Special elections for vacancies in the City Council shall will be held in accordance with provisions of Section 2.062.07. Section 4.05. Judges of Election The Council shall must at least twenty-five (25) days before each municipal election appoint two (2) three eligible voters for each voting precinct to be election judgesElection Judges and one (1) registered voter to be head election judgeHead Election Judge;, or as many election judgesElection Judges as may be determined by the city clerkCity Clerk. No person signing or circulating a petition of nomination of candidate for election to office or any member of a committee petitioning for a referendum or recall shall be eligible to serve as a judge of such election.A person is ineligible to serve as an Election Judge if they: Signed a Nomination Petition; Circulated a Nomination Petition; or Was a member of a committee petitioning for a referendum or recall. Pursuant to M.S. § 204B.19, the City may establish additional requirements that are not inconsistent with State law M.S. and which relate to the ability of an individual to perform the duties of an Election Judge. Section 4.06. Nominations by PetitionNominations of Municipal Candidates The mode of nomination of all elective officers provided for by this Charter shall must be by petition. The name of any eligible voter of the City shall must be printed upon the ballot whenever a petition as hereinafter prescribed shall have properly filed Nomination Petition been filed in on that person's behalf with the City Clerk. Such petition shall must be signed by at least ten (10) registered voters qualified to vote for the office in question. No elector shallperson may sign more than one petition Nomination Petition for any office for which there is an election. Should such a case occur, the signature shall be void as to the petition or petitionswill be voided on the Nomination Petition last filed. All nomination petitionsNomination Petitions shall must be filed with the City Clerk in accordance with Minnesota State StatutesM.S. Each petitionNomination Petition, when presented, must be accompanied by a ten dollar ($10.00) filing fee. Section 4.07. Nomination Petitions The signatures to the nomination petition need not all be appended to one (1) paper, but to each separate paper there shall be All Nomination Petitions must have an attached a notarized affidavit of the circulator stating: 1. the number of signers of such paper; 2. that each signature found on a Nomination Petition appended thereto was made in the circulator's presence; and 3. that it is the genuine signature of the person whose name it purports to be. With each signature there shall must be the printed name, birth year, and address of the signer, giving the street and number or other description sufficient to identify the same. The nominee must shall indicate by an endorsement upon the petition acceptance of the office if elected thereto sign the Nomination Petition. The form of a Nomination Petition is the nomination petition shall be substantially as follows: NOMINATION PETITION We, the undersigned, registered voters of the City of Fridley, hereby nominate _____, whose residence is __________, for the office of __________, to be voted for at the election to be held on the ____ day of __________, _____; and we individually certify that we are registered voters and that we have not signed other nomination petitionsNomination Petitions of candidates for this office. Printed Name Birth Year Address Signature __________ , being duly sworn, deposes and says, "I am the circulator of the foregoing petition paperNomination Petition containing signatures and that the signatures appended theretoprovided were made in my presence and are the genuine signatures of the persons whose names they purport to be." Subscribed and sworn to before me this ____ day of __________, _____. This petitionNomination Petition, if found insufficient by the City Clerk, shall will be returned to __________\[Name of circulator\], at Number ____ Street\[mailing address\]. I hereby indicate my willingness to accept the office of __________\[signature of nominee\] if duly elected thereto. Section 4.08. Write-In Candidates A candidate for any city City office who wants write-in votes for the candidate to be counted must file a written request with the filing office for the office sought no later than the seventh (7th) day before the primary, general or special municipal election. The city clerkCity Clerk shall must provide the form to make the request. Section 4.09. Canvass of Elections and Taking of Office If more than two candidates filed for office, the Council must meet and canvass the primary election returns on the third calendar day after any primary election. The two candidates for each office who receive the highest number of votes shall will be nominees for the office named. Their names shall must be certified by the city City clerk Clerk to the county auditorCounty Auditor who shall must place them on the municipal general election ballot without partisan designation. The Council shall will meet and canvasto canvass the general (regular) election or special election returns between the third and tenth calendar days after any regular or special election, shall make full declaration of the results, and file a statement thereof with the City Clerk. Said statement shall must be made a part of the minutes. This statement shall must include: (a) the total number of votes cast; (b) the total number of individuals registered before 7:00 am on election Election day Day and the total number of individuals registering on election Election dayDay; (c) the total votes cast for each candidate, with a declaration of those who are elected; (d) a true copy of the ballots used; (e) the names of the judges of electionElection Judges; and (f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected of the fact of their election, and the persons elected shall take office at the time provided for by Section 3.01, upon taking, subscribing and filing with the City Clerk the required oath of office. All persons elected will assume their new office after the Oath of Office is administered. Published: November 16, 2023 Scott J. Lund, Mayor Melissa Moore, City Clerk