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HomeMy WebLinkAbout1987 09-30 CHCMBROOKLYN CENTER CHARTER COMMISSION MINUTES SEPTEMBER 30, 1987 7 P. M. CITY HALL CALL TO ORDER The meeting was called to order by Vice Chairman Mary Heitzig at 7:04 P.M. ROLL CALL Members present: Marie Castle, Benjamin Chatelle, Ron Christensen, Edward Commers, Mary Heitzig, Tony Kuefler, John Lescault, Everett Lindh, Jean Schiebel, Barb Sexton, Neil Smeaton Members absent and excused: Allen Anderson, Dennis Kueng Members absent and unexcused: Donn Escher, Mona Hintzman Also present: Betsy Dick, Editor, Brooklyn Center Post APPROVAL OF MI]FUTES Motion by Ben Chatelle, seconded by Jean Schiebel to approve the minutes of April 29, 1987, as submitted. Passed unanimously. Carole Blowers mentioned that commissioners should have received a letter in May from Bill Luther regarding the pending election legislation which he proposed. Mr. Christensen requested a copy of this correspondence. Carole also stated that Chairman Kueng received a letter from Mr. Splinter, City Manager, in response to our request on what Minnesota Statutes affect the Charter Commission. Commissioners wanting copies of that correspondence could pick it up from Carole. Also mentioned was the letter to the Brooklyn Center Post announcing tonight's meeting. OLD BUSINESS *Sub Committee Report on Rules of Procedure: Mary Heitzig, as Chairman of the Sub Committee on Rules of Procedure, went over the proposed changes as was submitted to members of the Charter Commission before this meeting. Other members of the sub committee were: Donn Escher, Tony Kuefler, and Dennis Kueng. For exact changes, see attached proposal which shall become a part of these minutes. Mr, Lescault expressed his concerns regarding the item C,2,a.(9) under Section V which should read: Sends agendas to all known civic Brooklyn Center organizations when a charter change is proposed. Further discussion by other members also brought concerns under item C.2.3. under Section V which should read: Responsible for maintaining a list of civic organizations or individuals in the city who request agendas and minutes of the Charter Commission. It was the consensus of the commission that the city's attorney advice should be sought regarding these two items in Section V. Motion was made by Jean Schiebel, seconded by Everett Lindh to approve the proposed changes as presented by the sub committee, with the exception of items C.2.a.(9) and C.2.3 in Section V. These two items are to be checked with the city's attorney. Motion passed unanimously. Marie Castle wished to express at this time her objection to the lack of integrity expressed by Mr. Cohen in the May Citizen's for Better Government newsletter. In this newsletter, she felt he inaccurately and inappropriately stated items about the Charter Commission and things particular charter members said at our meetings. REV BUSINESS Carole Blowers requested the commission give her permission to purchase a three hole punch. Motion by Tony Kuefler, seconded by Jean Schiebel, and approved unanimously. NEXT MEETING DATE The next Charter Commission meeting will be held on Wednesday, November 18, 1987, at 7 P.M. ADJOURNMENT Notion by Marie Castle, seconded by Jean Schiebel, to adjourn the meeting at 7:35 P.M. Respectfully submitted, Carole J. Kowers, C.P.S. Administrative Assistant Chairman: Dennis Kueng Secretary: Barb Sexton -2- 9-30-87 BROOKLYN CENTER HOME RULE CHARTER COMMISSION RULES OF PROCEDURE Revised 9 -18 -87 I. PURPOZE The continuing purpose of the Home Rule Charter Commission as provided for under M. S.A. 410: A. Periodically review the existing charter. B. Consider proposed changes and make recommendations for change to the City Council and /or the electorate. C. Safeguard the concept of Home -Rule under the existing charter and Home Rule provisions in the state statutes. A. The Charter Commission shall have fifteen members duly appointed and certified by the district court. 0 B. The qualifications for membership require that the individual be a qualified voter in Brooklyn Center. C. The term of a commissioner shall be four years and a commissioner shall serve only two consecutive terms, excluding filling an unexpired term. D. The duties and responsibilities of a commissioner shall continue, beyond the normal term if necessary, until a replacement is duly appointed and certified by the court. III. APPOINTMENTS A. Appointments to the Brooklyn Center Charter Commission are made in the following ways: 1. The chief iudPe shall appoint D Pw cn mmission ers. (M.S.A. 410.05 Subd. 2) 2. If the chief i udg(m fps to appoin new co mmission members within 30, d t hen thereafter th Qn yer= q hndv o f th cjty shal a ppoint lew c ommission member uuigss witlj� the 30 d period th e c ju_dge i ndicates in writin to the governing body his /her intention to ich appoint new members. in wh ca se he /she shall ha an additional 60 days witfin w hich to make theaaplointment (M.S.A. 410.05 Subd. 2) Page 1 of 8 Pages B. Application to the Brooklyn Center Charter Commission may be made directly to the Chief Judge of Hennepin County District Court or to the Chairperson of the Brooklyn Center Charter Commission. C. notification of an existing or pending vacancy shall be made by the Public Relations Chairperson in (or through) the official city newspaper. Publication shall be made within a period of two weeks prior to or two weeks after the effective date of resignation or expiration of a term(s). D. The Chairperson shall, within two weeks after receiving a resignation, notify the Chief Judge of Hennepin County District court in writing that a vacancy exists. E. The Chairperson shall, 30 days before the expiration date of a term(s), notify the Chief Judge of Hennepin County District Court in writing, of the affected commissioner(s) intentions. If the commissioner(s) chases not to continue, the Chairperson shall direct the Public Relations Chair- person to effect public notice within the conditions established in Sec. III, C. F. Vacancies may occur by: 1. Resignation a. Resignations shall be delivered to the Chairperson in writing. In the absence of a written resignation, the Chairperson /Vice Chairperson shall present to the Brooklyn Center Charter Commission at it's next meeting, notification of an oral resignation. The Chairperson or Vice Chairperson shall, upon receipt of a resignation, submit written notification to the Chief Judge of Hennepin County District Court (with copies to the resignee and the City Council) within two weeks and to notify the Commission members. b. An intee w}w neglects tn__f_il.e w ith th e clerk with,D 30 days a s Wi tten accepta and oath o offic sh,&L1 he de gmed to }cave decli the a ppointment and his /h pl_dce s hall be filled as though h e /she haq_res (M. S.A. 410.05 Subd. 2) 2. Expiration of term 3. Removal Anv member ma y he re;ggved at A time from offi ce. by wd tte order of the distri co-urt. t he reason for such removal be ing stated in the o rde r When any member has failed to perform the duties of his offic and has failed to atteu�j_fnur co meet without beiD7 excused by the commission t secr etary of the c harter co mmission shall f ile a ce wit the cnILrt setti forth tQse farts aid t he distri court s hall thereupon make its order of removal and the chief jud s hall fill th vac an_ Qy create thereby. (M. S. A. 410.05 Subd. 2 Revised 11 -18 87 Page 2 of 8 Pages IV. MEETISG A. The annual Meeting of the Brooklyn Center Charter Commission shall be held in Tanuary. 1. The annual report, audit report, election of officers, appointment of Audit and Public Relations Chairperson, and salary adjustment for the Administrative Assistant are agenda items for this meeting. B. Additional meetings may be called by the Chairperson; or any four commissioners may petition the Chairperson to call a special meeting; or as required in Minnesota Statutes 410.105, Subd. 2. C. A majority of the actual membership of the commission shall constitute a quorum to do business. D. A simple majority of those voting on the question shall rule. When final votes on the charter are considered, a two thirds affirmative vote of the actual membership with never less than 8 affirmative votes shall be required for passage. E. Parliamentary authority shall be these rules of procedure or Roberts Rules of Order. 1. These rules and procedures can be changed at any time by a majority vote of the commission, after a 20 day prior written notice to all commission members outlining the proposed changes. 2. These rules or any portion may be waived only by a 2/3 affirmative vote of the actual membership with never less than 8 affirmative votes. 3. Waiving or .setting aside these rules of procedure may be done only with a proper motion and second. 4. The motion to waive or set aside these rules of procedure or any portion shall be specifically recorded in the minutes. F. Notice of all meetings shall be in writing to the members 7 days prior to the meeting and shall contain a written agenda. G. Commission members are expected to attend all meetings. Members shall give notice to the chairperson or another member in the event of an absence. Failure to notify the commission of an absence results in an unexcused absence. H. Non- commission members wishing to address the commission will have an opportunity by registering with the Chairperson at the beginning of the meeting. No public testimony will be received by the commission after a formal motion has been made and is being discussed by the commission. Revised 11 -18 -87 Page 3 of 8 Pages 9 V. QF FICERS At the Annual Meeting, the commission shall elect a chairperson, vice chairperson, and .secretary. These officers shall serve for a term of one year. Vacancies occurring in elective offices shall be filled by an election at the next regular or a special meeting, called by the ranking elected officer with 7 days prior written notice to the membership. A. Chairperson 1. The acting official and representative of the commission 2. The presiding officer at meetings 3. Appoints committees 4. Calls all regular and special meetings 5. Directs correspondence with Chief Judge of Hennepin County District Court 6. Prepares annual report to district court, Chief Judge, and City Clerk 7. Appoints Audit Chairperson and Public Relations Chairperson 8. Ascertains yearly through the City Manager (after the legislative session) as to any statute changes affecting the charter commission. 9. member of Executive Committee B. Vice Chairperson 1. Presides over commission meetings and acts on behalf of the Chairperson 2. Member of Executive Committee C. Secretary 1. Responsible for Commission records, minutes, and correspondence 2. Supervises and directs the Administrative Assistant a. Duties of Administrative Assistant are: (1) Sends meeting notices to the official newspaper with a periodic reminder that agendas are available upon request; (2) Attends all meetings, including sub- committees; (3) Types, copies, and mails all minutes, agendas, letters, ordinances, and annual reports; (4) Notifies City Clerk of future meetings and arranges for meeting room; (5) Updates membership roster, mailing list, roll call list, membership files, and related documents; (6) Provides new members with rules of procedure and other supplies and material; (7) Makes certain doors to meeting room are opened and secured at adjournment for all meetings; (8) Communicates with commission members, City Hall personnel, Chief .Judge's clerk, and newspaper personnel by phone, in person, or by mail; (9) Sends agendas to all Brooklyn Center organizations who have previously requested them when a charter change is proposed;. (10)Maintains minute book and support documents relating to issues dealt with by the commission. Revised 11 -18 -87 Page 4 of 8 Pages 3. Responsible for maintaining a list of civic organizations or individuals in the city who request agendas and minutes of the Charter Commission. 4. Member of Executive Committee VI. EXECUTIVF Cn ITTEE The Executive Committee shall consist of the Chairperson, Vice Chairperson, Secretary, Audit Chairperson, and Public Relations Chairperson. The Executive Committee shall approve the Annual Report and have the powers and functions as are authorized by the commission. A. Audit Chairperson 1. Reviews and approves all expenditures chargeable to the commission 2. Makes periodic reports on status of budget and calls for annual audit report from Finance Director for presentation at annual meeting 3. Member of Executive Committee B. Public Relations Chairperson 1. Has responsibility for all official public notices 2. Shall report all matters of public interest to the local press and shall handle all public relations matters including items of recognition as directed by the chairperson 3. Has responsibility for publishing notice of pending commission vacancies in official city newspaper 4. Member of Executive Committee VIII. OTHE CO MUJ TEES A. Nominating Committee A three member nominating committee shall be appointed by the chairperson for the purpose of recommending candidates for election to office at the Annual Meeting. B. Study Committee The chairperson shall appoint study committees as necessary. Specific goals and objectives shall be defined. IX. ANMTAL REPORTS A. An annual report shall Na submitted to t he Chief Judge of the District Court nutlinin- its activities and arnn=lishments for the ArPCPPd calendar year. This reAOrt shall- he presented at the Annual Meeting and s cnpy of the report shall be forwaiLiRd to the Clerk of the Citv_. (M. S. A. 410.05 Subd. 2 Revised 11 -18 -87 Page 5 of 8 Pages B. Before the Annual Report is submitted to the Chief Judge of Hennepin County District Court, it must be approved by the Executive Committee. A. Amendments to the Charter may originate in any of the following sources: 1. The Charter Commission: a. M.S. 410.12, Subd. 1 Amendmen by Co mmission Resolution b. M.S. 410.12, Subd. 7 Amendm by C ommission Recommendation 2. The City Council: a. M.S. 410.12, Subd. 5 Amendment by Counci Ordinan tg Comm ission b. M.S. 410.12, Subd. 6 Amendment by Cou Hearj-Dg to Voters (4th Class Cities only) 3. The People: a. M.S. 410.12, Subds. 1, 2, and 3 Amendment by Pet ition of Vo ters to Co mmission B. Amendments originating with the Charter Commission: 1. Shall be accepted by the Charter Commission by a 2/3 affirmative vote of the actual membership with never less than eight affirmative votes. 2. May be forwarded to legal counsel for opinion within 10 days after passage. Legal counsel shall be requested to return a written opinion in time for presentation at a meeting of the Charter Commission within 60 days of passage. A 30 day extension may be requested by legal counsel through the Chairperson. The Chairperson shall notify each member in writing, within a reasonable period of time, of a granted extension. a. The Charter Commission shall meet 60 days subsequent to initial passage of an amendment. b. If an extension is granted, the Chairperson shall reschedule the meeting to be held within 90 days of initial passage. 3. Shall be forwarded to the City Council with a letter of transmittal stating specifically whether it is a "Recommended Amendment" or an "Amendment Adopted by Commission Resolution Revised 11 -18 -87 Page 6 of 8 Pages a, teco Amend Upon recommendation of the Charter Commission, the City Council enact a charter amendment by ordinance. Such an ordinance, if enacted shall be adopted by the Council by an affirmative vote of all its members after a public hearing on two weeks published notice. Such ordinance shall not become effective until 90 days after passage and publication. Within 60 days after passage and publication, a petition requesting a referendum on the ordinance may be filed by the voters with the City Clerk. Such petition requires the .signatures of two percent of the total number of votes cast in the City at the last state general election or 2,000, whichever is less. Only registered voters are eligible to sign. (M.S. 410.12, Subd. 7) b. Amendmen .Adnnted by (;nmmJ_ssa np Resn lution When a proposed amendment originating with the Charter Commission and adopted by resolution is transmitted to the City Clerk, it shall be pre- sented by the City Clerk to the Council. The amendment shall be submitted to the voters at the next general election if within 6 months of the date of delivery and if no general election is to occur within 6 months, at a special election within 90 days. (M.S. 410.10, Subd. 1) The Council must cause the amendment to be published once per week for two successive weeks as a part of the notice of election. The Council determines the wording of the ballot. (M.S. 410.112, Subds, 1 and 4) C. Amendments originating with the City Council: (M.S. 410.12, Subd. 5) 1. The City Council may propose a Charter Amendment to the voters by ordinance. Any ordinance proposing such amendment shall be submitted to the Charter Commission. 2. Within 60 days, the Charter Commission shall review the proposed amendment but before the expiration of such period, the Commission may extend the time for review for an additional 90 days by filing with the City Clerk its resolution determining that an additional time for review is needed. 3. After reviewing the proposed amendment, the Charter Commission shall approve or reject the proposed amendment or suggest a substitute amendment. The Commission shall promptly notify the Council of action taken. Note: The Council may submit its proposed amendment to the people or the substitute amendment proposed by the Charter Commission. 4. The amendment shall become effective only when approved by the voters as provided in M.S. 410.12, Subd. 4. Revised 11 -18 -87 Page 7 of 8 Pages D. Amendments proposed by the People (via petition): (M.S. 410,12, Subds. 1, 2, and 3) 1. The proposers of an amendment shall file all petition papers with the Charter Commission for its approval as to form and substance. The Commission shall, within 10 days, return the same to the proposers of the amendment with such modifications as it may deem necessary in order to comply with statutory requirements. 2. The petition must have a number of signatures equal to at least 5% of the total votes cast as of the last previous state general election in the City. Only registered voters are eligible to sign the petition. 3. The Charter Commission may not alter the petitioned amendment but shall forward the petition to the City Clerk, with a letter of transmittal, recommending either: a. A recommendation for amendment by ordinance under M.S. 410.12, Subd. 7. b. An amendment adopted by commission resolution (requires submission to the voters) C. No recommendation. Is Rules set forth in the State Statutes and used in these Rules of Procedure cannot be changed by the commission. Revised 11 -18 87 Page 8 of 8 Pages