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HomeMy WebLinkAbout1984 11-28 CHCMBROOKLYN CENTER CHARTER COMMISSION MINUTES November 28, 1984 CALL TO ORDER The meeting was called to order by Chairman Donn Escher at 8:05 P.M. ROLL CALL Members present: Michael Beauchane, Ernest Erickson, Donn Escher, John Lescault, Jean Schiebel, Barbara Sexton, Neil Smeaton, Vin- cent Tubman, Mary Heitzig, Dennis Kueng, Mona Hinzman, and Edward Commers Members absent and excused: William Hannay, Barbara Swart Also present: Gerald G. Splinter, City Manager; Richard Schieffer, City Attorney APPROVAL OF MINUTES Motion by Dennis Kueng, seconded by Ernest Erickson, and passed unanimously to approve the September 26, 1984, minutes with the addition that Mary Heitzig was absent and excused. OLD BUSINESS *Code of Ethics: City Attorney, Dick Schieffer, outlined various alternatives availa- ble regarding the enforcement of a code of ethics. Types of enforce ment include: 1. Removal from Office: The state constitution grants our Legis- lature the authority to remove inferior officers for either malfeasance (official misconduct; violation of a public *trust or duty) or nonfeasance (failure to perform a required ac or duty). The Charter Commission by "recommendation" or the electorate can provide methods of removal. However, this would be new ground and subject to litigation. Formal standards for removal would need to be established. 2. Recall: Any recall action must be based on malfeasance or non- feasance; 3• Making Violation of the Code a Crime (misdemeanor): Only the City Council by ordinance can do this. It cannot be done by the Charter Commission. The Charter Commission could make a violation part of the Charter and "recommend" to the City Coun- cil to pass a supporting ordinance. (See Section 2.05 of Charter. 4. Sanction on censure by peers: City Council could publically censure one of its members. 5. Rules of Procedure: City Council could adopt its own Rules of Procedure on Ethics. Note: A separate document or code is needed for elected officials and city employees. Mr. Splinter stated he would put a resolution together on a code of ethics (that could be made into ordinance form) that will cover the items as discussed at the September meeting that will cover city employees, appointed officials, and elected officials, but will not cover removal of office regarding city council members. Mr. Splinter will try to have this resolution put together by the Annual Meeting the end of January. Chairman Escher asked the Commissioners to think about whether a re- call provision should be put in the City Charter in the future. OLD BUSINESS CONTINUED: *Status of Vacancies: We are still awaiting a response from the Chief Judge regarding the reappointments of Donn Escher, Jean Schiebel, and John Lescault. The terms for all three of these commissioners are to end December 1, 1984. There has been a delay because the judge's office could not find perti- nent original appointment letters on Escher and Schiebel in their files and the secretarial assistant had to obtain copies to send to them. Commissioner Lescault provided the secretarial assistant with the name of a prospective commissioner. *Status of Elections Amendment: The first reading of the elections amendment was held at the November 19, 1984, City Council meeting. Chairman Escher thanked the many commissioners who were able to attend that meeting. Chairman Escher briefly stated how he explained that evening what the reasons were for the amendment, its pros and cons, the manner in which the public was notified of this proposed amendment, and what comments he had received to that point. No verbal objections were stated at this first reading. The first reading was passed with the stipulation that the second read- ing be held off until January 28, 1985• Chairman Escher then informed the Charter Commission that on this past Sunday evening, he received a telephone call from Tony Kuefler on be- half of the Citizens for Better Government asking when the C.B.G. could meet with the Commission regarding the elections amendment. Chairman Escher stated that he could not speak for the Charter Commission, but he would present this request to the Commission at tonight's meeting. After discussion, a motion was made by Ernest Erickson, seconded by Edward Commers, that Chairman Escher be instructed to decline an invitation to meet before the Citizens for Better Government as the Charter Commission is a public body bound by the Minnesota Statutes regarding open meetings. Further, the Chairman was directed not to call a special meeting of the Charter Commission for the purpose of discussing the amendment prior to the second reading as the amendment is no longer under consideration by the Charter Commission. Motion passed unanimously. NEW BUSINESS Annual Meeting Date: The Annual Meeting date is set for January 30, 1985. Volunteers for the Nominating Committee weres Barbara Sexton, Jean Schiebel, and Dennis Kueng as Chair. Jean Schiebel will have the audit report pre- pared, and Chairman Escher will prepare his annual report. Updated Copies of the City Charter: Commissioners asked if updated copies of the charter could be obtained or if new ones could be printed at this time. The secretarial assistant will check with the City Manager's office regarding this. Certificates of Recognition: Chairman Escher asked Ernest Erickson to contact the City Hall regard- ing certificates of recognition for Vincent Tubman and William Hannay, who have both completed over eight years of total service to the Charter Commission. Their terms expire on December 1, 1984. Chairman Escher also expressed his thanks tonight to these members for all their efforts and cooperation on the Charter Commission. -2- 11/28/84 ADJOURNMENT Motion by Jean Schiebel, seconded by Dennis Kueng to adjourn the meeting at 9:35 P.M. Passed unanimously. Respectfully Submitted, Carole J. growers, C.P.S. Secretarial Assistant Chairman: Donn Escher Secretary: Barbara Sexton 0 Is -3 11/28/84