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Home My WebLink About1990 05-30 CHCMBROOKLYN CENTER CHARTER COMMISSION MAY 30, 1990 MEETING MINUTES 7 P.X. CITY HALL CALL TO ORDER The meeting was called to order by Chairperson Barbara Sexton at 7 :02 P.M. ROLL CALL Members present: Al Anderson, David Ault, Ulyssess Boyd, Benjamin Chatelle, Ron Christenson, Tony Kuefler, Everett Lindh, Barbara Sexton, Dennis Snook, Beverly Wolfe Members absent and excused: Edward Commers Members absent and unexcused: Mona Hintzman Also present: Charlie Lefevere, City Attorney APPROVAL OF MINUTES Motion by Ben Chatelle, seconded by Everett Lindh to approve the meeting minutes of April 25, 1990, as presented. Motion passed unanimously. Chairperson Sexton stated that a letter was written to Charlie Lefevere, City Attorney, r ding our proposed changes to Section 2.05 asking for his feedback. Letters were also wren to the Editor of the Brooklyn Center Post and the Northwest News regarding tonight's meeting. STATUS OF CHARTER COMMISSION VACANCIES The Administrative Assistant stated that she has received several calls from individuals interested in joining the charter commission. Each interested party was given our usual information on how to apply for membership via the Chief Judge Levy, as well as general information regarding our commission. OLD BUSINESS Propos Cb&Aqes ou the Se ction Re garding V acancie s nn_tbe Co uncil As stated earlier in these minutes, Chairperson Sexton had submitted a letter to the City Attorney with copies of our proposed changes to this section of the charter, The City Attorney requested to appear in person at tonight's meeting instead of preparing his responses /questions in writing to members. At this point, Charlie Lefevere took over the meeting to state his responses /questions to our proposed changes. Commissioner Christensen briefly informed Mr. Lefevere on why the commission is considering these changes to the charter. Last year we had a vacancy occur on the city council and it was filled in accordance with the present charter wording. Also, the Administrative Assistant did a research project on various metro charters and specifically d: comparison on this particular section of the charter, which showed there was room for im vement in this area. 4 Mr Lefevere summarized his responses/questions in two segments: when is there a vacancy and s it filled? The following is a summarization of the City Attorney's concerns: -The Minnesota Constitution covers the powers of the Charter Commission and the qualifications for an elected office, as well as who is entitled to vote, and allows the legislature for a charter commission) to provide for removal from office due to malfeasance or non feasance. (The defition of malfeasance and non feasance CAN be expanded upon by the Charter Commission.) Maybe malfeasance or non feasance should be used instead of express prohibition. Discussion was held that some crimes are NOT felonies, but may be malfeasance or non- feasance; it was also suggested that the wording should allow some gross misdemeanors to be cause for removal from office. -Mr. Lefevere stated that we should decide whether we want more wording in our charter than what is already covered by our state constitution, i.e., put in wording for educational reasons OR should we just state things will be handled in accordance with our state constitution? Other wording that he has seen uses the wording violation of official oath and infamous crime. -After discussion by the commission members and Mr. Lefevere, it was decided the city attorney would attempt to define malfeasance and forward that information to the charter commission members. Other concerns brought up by the city attorney were: -What happens in case of a vacancy where there remains exactly 365 days? This has NOT been a *ssed in our proposed wording. -In the case of a special election, when a person is elected in such an election, WHEN do they take over? At the next regular council meeting or what? Regarding the proposed addition of wording regarding appointing a member from a list of former members of the council or former mayors, if available, what if the only "available" such person is someone who was defeated in past elections or somone who may not be a moral choice for the job? It was also questioned by commissioner Wolfe whether this sentence is constitutional or not because of its limitations as proposed. Mr. Lefevere also wondered whether this would be a mandatory way to fill a vacancy or just an advisor of how to fill it. Commissioner Kuefler stated he felt that not only former council members or mayors should be considered, but also members of other city commissions, if available, should be considered. -It was also questioned whether the sentence "Council members can't appoint a council member to fill the unexpired term of the office of Mayor" was constitutional or not. It's also possible that a council member could be the best choice for Mayor. Regarding the fact of holding a special election if the vacancy is over 365 days, the commission should weigh the fact that such an election could cost the city anywhere from $10,000 to $30,000 of a primary was held). In other words, to close the gap of filling a vacancy from 2 years plus 100 days to 365 days, is it worth $30,000 maximum approximately -It was also pointed out by the City Attorney that in our proposed wording, we do not plan to hspecial elections with a primary. Is this what we really want? This issue must be a ssed. 2 of 3 Pages (5- 30 -90) -I s also discussed if the 90 days should be 100 days and if the 120 days period should be 13 ys to allow sufficient time to be in sink with filing dates, and allowing enough grin ing time for ballots, etc. The City Attorney asked the Administrative Assistant to check with the City Clerk regarding the matter of filing dates. It was the consensus of the commission members that these pertinent items should be talked about with the entire commission at our next meeting, and then it will be referred back to the sub committee for further modifications. It was also felt that the sub committee's modified wording should then be passed on to Charlie Lefevere and have him come back to the full commission for his further comments /concerns. At this point, the our meeting tonight changes. U,V BUST MESS Charter Commission members thanked Mr. Lefevere for taking time to come to to provide us with his responses and questions regarding our proposed *Q,grrection. o Ann ual Yeet!Ag Minutes: Commissioner Kuelfer stated that since he was absent at our April meeting, he could not voice his concerns over a few sentences in the January minutes on page 3. At this time, he asked that the minutes be corrected to read in the second paragraph from the bottom of page 3 of the January 24, 1990, minutes: Commissioner Kuefler suggested that a maximum time length be put on someone's APPOINTED term. He also felt that it is desirable that the person accepted to fill a vacancy should have former council experience or community involvement. NEXT MEETING DATE Co sioner Wolfe suggested that the entire commission meet again next month while these ite regarding the proposed changes are still fresh in our minds. It was a consensus of the members present that the next Charter Commission meeting will be held on Wednesday, June 27, 1990, at 7 P.M. Commissioner Christensen requested that the Administrative Assistant put a special note on the bottom of the agenda for that meeting that we will be discussing the charter wording on the council vacancies and that everyone should try to attend if possible. ADJOURNMENT j The meeting was adjourned at 8:44 P.M. Chair: Barbara Sexton Se *ry: Beverly Wolfe Res ectfully submitted, Carole J., owers, C.P.S. Administrative Assistant 3 of 3 Pages (5- 30 -90)